fund, and of the construction of any library building, and of the supervision, care and custody of the grounds, rooms or buildings constructed, leased, or set apart for that purpose: Provided, that all moneys received for such library shall be deposited in the treasury of said city to the credit of the library fund, and shall be kept separate and apart from other moneys of such city, and drawn upon by the proper officers of said city, upon the properly authenticated vouchers of the library board. Said board shall have power to purchase or lease grounds to occupy, lease or erect an appropriate building or buildings for the use of said library; shall have power to appoint a suitable librarian and necessary assistants, and fix their compensation, and shall also have power to remove such appointees; and shall, in general, carry out the spirit and intent of this act, in establishing and maintaining a public library and reading-room.

6. WHO MAY USE LIBRARY.] § 6. Every library and reading-room, established under this act, shall be forever free to the use of the inhabitants of the city where located, always subject to such reasonable rules and regulations as the library board may adopt, in order to render the use of said library and readingroom of the greatest benefit to the greatest number; and said board may exclude from the use of said library and reading-room any and all persons who shall willfully violate such rules. And said board may extend the privileges and use of such library and reading-room to persons residing outside of such city in this state, upon such terms and conditions as said board may from time to time by its regulations prescribe. [As amended by act approved March 27, 1874; in force July 1, 1874.

7. REPORT OF DIRECTORS.] § 7. The said board of directors shall make, on or before the second Monday in June, an annual report to the city council, stating the condition of their trust on the first day of June of that year, the various sums of money received from the library fund and from other sources, and how such moneys have been expended, and for what purposes; the number of books and periodicals on hand, the number added by purchase, gift, or otherwise, during the year; the number lost or missing; the number of visitors attending; the number of books loaned out, and the general character and kind of such books; with such other statistics, information and suggestions as they may deem of general interest. All such portions of said report as relate to the receipt and expenditure of money, as well the number of books on hand, books lost or missing, and books purchased, shall be verified by affidavit.

8. PENALTIES.] § 8. The city council of said city shall have power to pass ordinances imposing suitable penalties for the punishment of persons committing injury upon such library or the grounds or other property thereof, and for injury to or failure to return any book belonging to such library.

9. DONATIONS.] § 9. Any person desiring to make donations of money, personal property or real estate for the benefit of such library, shall have the right to vest the title to the money or real estate so donated in the board of directors created under this act, to be held and controlled by such board, when accepted, according to the terms of the deed, gift, devise or bequest of such property; and as to such property the said board shall be held and considered to be special

trustees.

10. POWERS OF VILLAGES, TOWNS AND TOWNSHIPS.] § 10. When fifty legal voters of any incorporated town, village or township shall present a petition to the clerk of the town, village or township (or trustee of schools in counties not under township organization), asking that an annual tax may be levied for the establishment and maintenance of a free public library in such town or township, and shall specify, in their petition, a rate of taxation not to exceed two mills on the dollar, such clerk (or trustee of schools in counties not under township organization) shall, in the next legal notice of the regular annual election in such town or township, give notice that at such election every elector may vote "For a.... mill tax for a free public library," or "Against a ... mill tax for a free public library," specifying in such notice the rate of taxation mentioned in said petition; and if the majority of all the votes cast in such town, village or township shall

be "For the tax for a free public library," the tax specified in such notice shall be levied and collected in like manner with other general taxes of said town or township, and shall be known as the "Library Fund": Provided, that such tax shall cease in case the legal voters of any such town, village or township shall so determine by a majority vote, at any annual election held therein; and the corporate authorities of such towns or villages may exercise the same powers conferred upon the corporate authorities of cities under this act.

11. DIRECTORS IN VILLAGES, ETC.] § 11. At the next regular election after any town, village or township shall have voted to establish a free public library, there shall be elected a library board of six directors, one-third for one year, onethird for two years, and one-third for three years, and annually thereafter there shall be elected two directors, who shall hold their office for three years and until their successors are elected and qualified; which board shall have the same powers as are by this act conferred upon the board of directors of free public libraries in cities.

12. EMERGENCY.] § 12. Whereas, all the libraries of Chicago were destroyed by the recent fire in that city, and large donations of books have been made to found a free library, and whereas no suitable building or organization exists to receive or preserve them, therefore an emergency exists that this law shall take effect immediately: therefore this act shall take effect and be in force from and after its passage.

AN ACT to enable library associations to sell and transfer their real and personal property. [Approved March 24, 1874. In force July 1, 1874.]

13. LIBRARY ASSOCIATIONS MAY SELL, ETC., TO PUBLIC LIBRARIES-MEETING-NOTICE.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any library association organized under any law of this state, and owning any real or personal property in this state, shall desire to sell or lease the same, or any part thereof, absolutely or with conditions, to the board of directors of any free public library, organized under the laws of this state, such sale or lease may be made in the manner following, viz: The directors of such association shall call a meeting of all the members, subscribers or stockholders thereof, to be held at the rooms of said library or office of the secretary of such association, written or printed notice of the time, place and object of such meeting, and of the terms and conditions of the proposed sale or lease being first mailed, at least thirty (30) days prior to the time of such meeting, to the address of each member, subscriber or stockholder whose place of residence is known to any of the officers or directors of such association, and by publishing such notice for at least thirty (30) consecutive days next preceding the time of such meeting, in some newspaper published and of general circulation in the county where the property of said association is situate.

14. VOTE-MANNER OF MAKING CONVEYANCE, ETC.] § 2. If the members, subscribers or stockholders representing the majority in amount of the stock of such association, shall vote, at such meeting, in favor of such sale or lease upon the terms or conditions specified in such notice, or, in case said association shall consist of two or more departments, if a majority of the members, subscribers or stockholders of each department shall vote at such meeting in favor of such sale or lease so specified, then the president and secretary shall cause a record of the proceedings of such meeting, verified by the oath of the president thereof, together with an affidavit of the service or publication of notice as herein required, to be filed in the office of the clerk of the circuit court of the county where the property of such association is situate; after which the president and secretary of the said association shall be and are hereby authorized and empowered to execute any and all necessary deeds, leases, bills of sale, or other instruments in writing, to carry out the object and intent of said vote; which, when duly executed, shall be sufficient to pass to the board of directors of such free public library all the legal and equitable title of said associations in and to the real or personal property in said instrument described as therein set forth.

1

AN ACT to revise the law in relation to liens. [Approved March 25, 1874. In force July 1, 1874.]

1. WHEN LIEN GIVEN.] §1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any person who shall, by contract, express or implied or partly expressed and partly implied, with the owner of any lot or piece of land, furnish labor or materials, or services as an architect, or su perintendent, in building, altering, repairing or ornamenting any house or other building or appurtenance thereto on such lot, or upon any street or alley, and connected with such building or appurtenance, shall have a lien upon the whole of such tract of land or lot, and upon such house or building and appurtenance, for the amount due to him for such labor, material or services. [R. S. 1845, p. 345, § 1.

2. EXTENT OF LIEN.] § 2. The lien provided for in sections 1 and 29 of this act shall extend to an estate in fee, for life, for years, or any other estate, or any right of redemption or other interest which such owner may have in the lot or land at the time of making the contract. [R. S. 1845, p. 347, § 17.

3. LIMITATION.] § 3. When the contract is expressed, no lien shall be created under this act, if the time stipulated for the completion of the work or furnishing materials is beyond three years from the commencement thereof, or the time of payment beyond one year from the time stipulated for the completion thereof. If the work is done or materials are furnished under an implied contract, no lien shall be had by virtue of this act, unless the work shall be done or mate

rials be furnished within one year from the commencement of the work or delivery of the materials. [R. S. 1845, p. 345, § 2; L. 1861, p. 179, § 1.

4. BILL OR PETITION.] § 4. The lien given by this act may be enforced by bill or petition, in any court of record of competent jurisdiction in the county in which the land or lot, or some part thereof, lies. [R. S. 1845, p. 345, § 3.

5. FORM OF BILL OR PETITION. § 5. The bill or petition shall contain a brief statement of the contract on which it is founded, if expressed, or if the work is done or materials are furnished under an implied contract, the bill or petition shall so state, and shall show the amount due and unpaid, a description of the premises which are subject to the lien, and such other facts as may be necessary to a full understanding of the rights of the parties. [R. S. 1845, p. 345, § 4.

6. SUMMONS-SERVICE.] § 6. Upon the filing of such bill or petition, sum mons shall issue and service thereof be had, as in suits in chancery. [See "Chancery," ch. 22, § 8, seq.- R. S. 1845, p. 345, § 4: p. 346, § 6.

7. NOTICE BY PUBLICATION AND MAIL.] §7. When any defendant resides or has gone out of the state, or on due inquiry cannot be found, or is concealed within this state, so that process cannot be served upon him, the complainant or petitioner may cause notice to be given to him in like manner and upon the same conditions as provided in suits in chancery. See "Chancery," ch. 22, § 12, R. S. 1845, p. 346, § 9.

8. DOCKET.] § 8. Suits instituted under the provisions of this act shall be placed upon the chancery docket, and stand for trial as other suits in chancery. [R. S. 1845, p. 346, § 6.

9. PRACTICE.] $9. For the purpose of bringing all parties in interest before the court, the court shall permit amendments to any part of the pleadings, and and may issue process, make all orders requiring parties to appear, and requiring notice to be given, that are or may be authorized in proceedings in chancery, and shall have the same power and jurisdiction over the parties and subject, and the rules of practice and proceedings in such cases shall be the same as in other cases in chancery, except as is otherwise provided in this act. R. S. 1845, p. 346, § 5.

10. ANSWER-REPLICATION-TRIAL. § 10. Defendants shall answer the bill or petition under oath, unless the oath is waived by the complainant or petitioner, and the plaintiff shall except or reply to the answer as though the proceeding was in chancery. The answer shall be regarded as the plea of the defendant, and by replication thereto an issue or issues shall be formed, which shall be tried by the court, or by a jury under the direction of the court, as the court may direct or the parties agree. [R. S. 1845, p. 346, § 7.

11. QUANTUM MERUIT.] § 11. When the owner of the land shall have failed to perform his part of the contract, and by reason thereof the other party shall, without his own default, have been prevented from performing his part, he shall be entitled to a reasonable compensation for as much thereof as he has performed, in proportion to the price stipulated for the whole, and the court shall adjust his claim accordingly. [R. S. 1845, p. 346, § 13.

12. NEW PARTIES.] § 12. In proceedings under this act all persons interested in the subject matter of the suit, or in the premises intended to be sold, may, on application to the court wherein the suit is pending, be made or become parties at any time before final judgment. [R. S. 1845, p. 346, § 10.

13. WHO PARTIES IN INTEREST.] § 13. Parties in interest, within the meaning of this act, shall include all persons who may have any legal or equitable claim to the whole or any part of the premises upon which a lien may be attempted to be enforced under the provisions of this act. [R. S. 1845, p. 347, $21.

14. NO PREFERENCE TO FIRST CONTRACTOR.] § 14. Upon questions arising between different creditors, having liens under this act, no preference shall be given to him whose contract was first made. [R. S. 1845, p. 346, § 11.

15. APPLICATION OF PROCEEDS.] § 15. The court shall ascertain the amount due each creditor, and shall direct the application of the proceeds of sales to be made to each in proportion to their several amounts. [R. S. 1845, p. 346, § 12.

16. CLAIMS NOT DUE, ETC.] 16. Parties entitled to liens under this act, whose claims are not due or payable at the time of the commencement of suit by any other party, shall be permitted to become parties to the suit, and their claims shall be allowed, subject to a reduction of interest from the date of judg ment to the time such claim is due or payable. [R. S. 1845, p. 346, § 15.

17. INCUMBRANCES.] § 17. No incumbrance upon land, created before or after the making of a contract under the provisions of this act, shall operate upon the building erected or materials furnished, until the lien in favor of the person doing the work or furnishing the materials shall have been satisfied; and upon questions arising between previous incumbrances and creditors, the previous incumbrance shall be preferred to the extent of the value of the land at the time of making the contract, and the court shall ascertain, by jury or otherwise, as the case may require, what proportion of the proceeds of any sale shall be paid to the several parties in interest. [R. S. 1845, p. 347, § 20.

18. ADVERSE CLAIMANTS.] § 18. Parties claiming may contest each other's rights, as well with respect to amount due, as with respect to their right to the benefit of the lien hereby created; and upon all questions made by parties, the - court shall require issues of law or fact to be formed so as to bring about speedy decision thereof. [R. S 1845, p. 347, § 19.

19. FRADULENT INCUMBRANCES.] § 19. Any incumbrance, whether by mortgage, judgment or otherwise, charged and shown to be fraudulent in respect to creditors, may be set aside by the court, and the premises made subject to the claim of the complainant or petitioner, freed and discharged from such fraudulent incumbrance. [R. S. 1845, p. 347, § 22.

20. WHEN TRIAL NOT DELAYED-SALE, ETC.] $20. In no case shall the want of preparation for trial of one claim delay the trial in respect to others, but trial shall be had upon issues between such parties as are prepared, without ref erence to issues between other parties; and when one creditor shall have obtained a decree or judgment for the amount due, the court may order a sale of the premises on which the lien operates, or a part thereof, so as to satisfy the judgment: Provided, that the court may, for good cause shown, delay making any order of sale or distribution until the rights of all parties in interest are ascertained and settled by the court. [R. S. 1847, p. 347, § 16.

21. WHAT ESTATE MAY BE SOLD.] § 21. Whatever right or estate such owner had in the land at the time of making the contract, may be sold, and the proceeds of sale applied according to the provisions of this act. [R. S. 1845, p. 347, § 17.

22. SALE OF PART. 22. If any part of the premises can be separated from the residue, and sold without damage to the whole, and if the value thereof is suf ficient to satisfy all the claims proved in the cause, the court may order a sale of that part. [R. S. 1815, p. 346, § 14.

23. MANNER OF MAKING SALE. § 23. The sale shall be made in the same manner as other sales of real estate under decrees in chancery. [See "Chancery," ch. 22, § 48, and "Judgments, etc.," ch. 77, § 16.

24. REDEMPTION.] $24. Upon all sales under this act, the right of redemption shall exist in favor of the same persons, and may be made in the same manner as is or may be provided for redemption of real estate from sales under judg ments and executions at common law. [See "Judgments, etc.," ch. 77, § 18-27. L. 1869, p. 258, § 1.

25. WHEN PROCEEDS OF SALE NOT SUFFICIENT-EXCESS.] $25. I, upon making sale of any premises under this act, the proceeds of such sale shall not be sufficient to pay the claims of all parties, according to their rights, the judgment shall be credited by the amount of such sale, and execution may issue in favor of any creditor whose claim is not satisfied, for the balance due, as upon a judgment