Page images
PDF
EPUB
[blocks in formation]

AN ACT making eight hours a legal day's work. [Approved and in force March 5, 1867. L. 1867, p. 101.

1. EIGHT HOURS A LEGAL DAY'S WORK, EXCEPT, ETC.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, On and after the first day of May, 1867, eight hours of labor between the rising and the setting of the sun, in all mechanical trades, arts and employments, and other cases of labor and service by the day, except in farm employments, shall constitute and be a legal day's work, where there is no special contract or agreement to the contrary.

2. WHEN ACT DOES NOT APPLY.] § 2. This act shall not apply to or in any way affect labor or service by the year, month or week; nor shall any person be prevented by anything herein contained from working as many hours over time or extra hours as he or she may agree, and shall not, in any sense, be held to apply to farm labor.

WOMAN.

AN ACT to secure to all persons freedom in the selection of an occupation, profession or employment. [Approved March 22, 1872. In force July 1, 1872. L. 1871-2, p. 578.]

3. SEX NO BAR TO ANY OCCUPATION, PROFESSION, ETC.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person shall be precluded or debarred from any occupation, profession or employment (except military) on account of sex: Provided, that this act shall not be construed to affect the eligibility of any person to an elective office.

4. FEMALES NOT TO WORK ON STREETS, ETC.] § 2. Nothing in this act shall be construed as requiring any female to work on streets or roads, or serve on juries.

5. REPEAL. 3. All laws inconsistent with this act are hereby repealed.

[blocks in formation]

AN ACT to revise the law in relation to escheats. [Approved March 24, 1874. In force July 1, 1874.]

1. TO COUNTY.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if any person shall die seized of any real or personal estate without any devise, and leaving no heirs or representatives capable of inheriting the same, or the devisees thereof be incapable of holding the same, and in all cases when there is no owner of real estate capable of holding the same, such estate, both real and personal, shall escheat to and vest in the county in which said real or personal estate, or greater portion thereof, is situated. [R. S. 1845, p. 225, § 1.

2. PERSONAL PROPERTY-ADMINISTRATION, ETC.] § 2. In case said estate shall consist of personal property, letters of administration shall be granted thereon, as in other cases, and the same shall be administered in conformity with the probate laws of this state. Should there be any balance left in the hands of said administrator after the payment of debts and costs of administration, said administrator shall report the same to the probate court, with a statement of all the facts within his knowledge as to the heirship of said decedent, which facts shall constitute a part of his report, aud be spread upon the records of said court; and it shall be the duty of said court to enter an order directing said administrator to pay over the balance found in his hands to the county treasurer of said county, taking his receipt therefor, which receipt shall be filed with the county clerk and entered of record, and shall be a good and sufficient voucher to said administrator. The said county clerk shall also charge said amount to the county treasurer as an escheat fund, specially designating from whose estate the same was derived.

3. PROCEEDINGS BY COUNTY FOR ESCHEATED PROPERTY.] § 3. When the state's attorney of said county shall be informed, or have reason to believe that any real estate within his county has escheated to said county by reason that any person has died seized thereof without devising the same, and leaving no heir capable of inheriting the same, or by reason of the incapacity of the devisee to hold the same, and such estate shall not have been sold according to law within five years after the death of the person last seized, for the payments of the debts of the deceased, or when he shall be informed, or has cause to believe that any such estate within his county has otherwise escheated to his county, it shall be his duty to file an information in behalf of the county in the circuit court of said county, setting forth a description of the estate, the name of the person last lawfully seized, the names or the terre tenants, and persons claiming such estate, if known, and the facts and circumstances in consequence of which such estate is claimed to have escheated, and alleging that by reason thereof said county has a right by law to such estate. Whereupon such court shall issue

a scire facias against such persons, bodies politic or corporate, as shall be alleged in such information, to hold, possess or claim such estate, requiring them to appear and show cause why such estate [should not be vested in the county, at the next term of said court; which scire facias shall be served at least ten days before the return day thereof; and the court shall, moreover, make an order setting forth briefly the contents of such information, and requiring all persons interested in the estate to appear and show cause, if any they have, at the next term of the said court, why the same should not be vested in the county; which order shall be published for six weeks successively in some newspaper printed and published in said county, if any be there published; and if no newspaper be printed in said county, then and in that case said notice shall be published in some newspaper in the adjoining county thereto, the last insertion to be at least two weeks before the commencement of the term at which the parties are required to appear. [R. S. 1845, p. 225, § 2.

4. DEFENSE.] § 4. All persons, bodies politic and corporate, named in such information as terre tenants or claimants of the estate, may appear and plead to such proceedings, and may traverse or deny the facts stated in the information, the title of the estate [county] to the lands and tenements therein mentioned, at any time on or before third day of the return term of such scire facias, and any other person claiming an interest in such estate may appear and be made a defendant and plead as aforesaid, by motion for that purpose in open court, within the time allowed for pleading as aforesaid; and if no person shall appear and plead, or appearing, shall refuse to plead within the time, then judgment shall be rendered that the county be seized of the lands and tenements in such information claimed; but if any person shall appear and deny the title set up by the county, or traverse any material facts in the information, an issue or issues shall be made up and tried as other issues of facts, and a survey may be ordered and entered as in other actions where the title or boundary of lands is drawn in question; and if, after the issues are tried, it shall appear from facts found or admitted that the county has good title to the lands and tenements in the information mentioned, or any part thereof, judgment shall be rendered that the county be seized thereof, and recover costs of suit against the defendant. [R. S. 1845, p. 225, § 3. 5. JUDGMENT-EXECUTION-RECORD.] § 5. When any judgment shall be rendered that the county be seized of any land, tenements or hereditaments, such judgment shall contain a certain description of such estate, and shall be effectual for vesting the title in said county; and a writ shall be issued directed to the sheriff of said county, commanding him to seize and take the lands, tenements and hereditaments so vested in the county into his hands; and upon the return of such writ of seizure, the state's attorney shall cause the record and process to be exemplified under the seal of the court, and cause the same to be recorded in the office of the recorder of deeds of said county; and such judgment shall preclude all parties and persons thereto, their heirs and assigns, so long as such judgment shall remain in force. [R. S. 1845, p. 226, § 4.

6. APPEAL-ERROR.] $ 6. Any party who shall have appeared to any pro ceeding as aforesaid, and the state's attorney, on behalf of the county, shall have the same right to prosecute an appeal or writ of error upon any judgment as aforesaid as parties in other cases. [R. S. 1845, p. 226, § 5.

7. DUTY OF COUNTY TREASURER-PROCEEDINGS TO RECOVER BACK ESCHEATED PROPERTY.] § 7. The county treasurer shall keep just and true accounts of all moneys paid into the treasury, and if any person shall appear within ten years after the death of the intestate and claim any money paid into the treasury as aforesaid as his, on legal representation such person may file a petition in chancery in the circuit court of said county, stating the nature of his claim and praying such money may be paid to him; a copy of which petition shall be served upon the state's attorney of said county, who shall put in an answer to the same, and the court shall thereupon examine the said claim and the allegations and proofs, and if it shall find that such person is entitled to any money paid into the county treasury, such court shall by order direct the county

clerk to issue an order upon the county treasurer for the payment of the same, but without interest or costs; and it shall be the duty of county boards to see that said amounts shall be paid in full without discount. A copy of the order of the court shall be a sufficient voucher for drawing such order. And if any person shall appear and claim any lands vested in the county as aforesaid, within five years after the judgment was rendered, it shall be lawful for such person (other than such as were served with a scire facias or appeared to the proceeding, their heirs or assigns,) to file his petition in chancery in the circuit court of said county in which the lands claimed lie, setting forth the nature of his claim and praying that the said lands may be relinquished to him; a copy of which petitio shall be served on the state's attorney of said county, who shall put in answer; and the court shall thereupon examine said claim and the allegations and proofs, and if it shall appear that such person is entitled to the lands claimed, the court shall decree accordingly, which shall be effectual for divesting the interest of the county in or to the lands, but no costs shall be adjudged against the county. And all persons who shall fail to appear and file their petitions within the times limited, aforesaid, shall be forever barred, saving, however, to infants and persons of unsound mind, and persons beyond the limits of the United States, the right to appear and file their petition as aforesaid, at any time within five years after their respective disabilities are removed: Provided, however, that the county board of said county may cause such lands to be sold at any time after seizure; in which case the claimant shall be entitled to the proceeds of such sale in lieu of the lands, upon obtaining a decree or order as aforesaid. [R. S. 1845, p. 226, § 6.

[blocks in formation]

AN ACT to revise the law in regard to estrays and other lost property. [Approved March 23, 1874. In force

July 1, 1874.]

1. WHEN ESTRAYS MAY BE TAKEN UP.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That horses, mules, asses, neat cattle, swine, sheep or goats found straying at any time during the year in counties where such animals are not allowed to run at large, or between the last day of October and the fifteenth day of April in other counties, the owner thereof being unknown, may be taken up as estrays. [R. S. 1845, p. 228, § 6. L. 1847, p. 47, § 1.

2. WHO MAY NOT TAKE UP ESTRAYS.] § 2. No person who is not a householder in the county where the estray is found, shall take up such estray, and no person shall be allowed to take up any estray except upon or about his faim or place of residence. [L. 1847, p. 47, § 2.

3. NOT TO USE BEFORE ADVERTISING-MILK.] § 3. No person taking up an estray shall use the same previous to advertising it; but animals giving milk may be milked for their benefit. [R. S. 1845, p. 228, § 9.

4. SEVERAL ESTRAYS.] 4. Where several estrays are taken up by the same person, they shall be included in the same notices and proceedings. [R. S. 1845, p. 228, § 5.

5. NOTICE OF TAKING UP.] § 5. Whoever takes up or has at any time upon his inclosed lands an estray, shall, within five days thereafter, post up notices in three of the most public places in the town or precinct in which the estray was taken up or found, giving the residence of the taker-up and a particular description of such estray, its age, color and maiks, natural and artificial, as near as may be, and stating before what justice of the peace in such town or precinct, and at what time, not less than ten nor more than fifteen days from the time of posting such notice, he will apply to have the estray appraised. [R. S. 1845, p. 227, § 1.

« PreviousContinue »