36. DRAWING FUNDS FROM STATE TREASURY.] § 36. The auditor of public accounts shall, from time to time, draw his warrants on the treasurer in favor of said commissioners for such portions of any appropriations made by the general assembly, for the purpose of carrying on and maintaining said penitentiary, as shall, from time to time, become necessary for said commissioners to expend in carrying on and maintaining said penitentiary; but said commissioners shall not ob tain said auditor's warrants on account of any appropriation, faster than the same is actually required for the purposes aforesaid. Such warrants of the auditor shall be paid by the treasurer to said commissioners on their order, out of any funds in the treasury applicable thereto. Said commissioners shall make to the auditor, on the first day of each month, a detailed statement of all moneys re ceived and expended during the preceding month, and accompany such report with proper vouchers for all such expenditures, and duplicates of such vouchers shall be retained by said commissioners at the penitentiary. [2d L. 1867, p. 33, § 34.

37. CRUEL PUNISHMENTS PROHIBITED.] § 37. It shall not be lawful in said penitentiary to use any cruel or unusual mode of punishment, or to punish any convict by whipping in any case whatever. [2d L. 1867, p. 34, § 35.

38. DISCIPLINE-ESCAPE-KILLING CONVICT.] § 38. Whenever several con victs combined, or any single convict, shall offer violence to any officer or guard of the penitentiary, or to any convict, or do or attempt to do any injury to any building or workshops, or any appurtenances thereof, or shall attempt to escape, or shall disobey or resist any lawful command, the officers of the penitentiary and guards shall use all suitable means to defend themselves, to enfore the ob servance of discipline, to secure the persons of the offenders, and prevent such attempted violence or escape; and if said officers or guards employed in said penitentiary, or any of them, shall, in the attempt to prevent the escape of any convict, or in attempting to retake any convict who has escaped, or in attempting to prevent or suppress a riot, revolt, mutiny or insurrection, take the life of a convict, such officer or guard shall not be held responsible therefor, unless the same was done unnecessarily or wantonly. [2d L. 1867, p. 34, § 36.

39. CRIMES COMMITTED IN PENITENTIARY.] § 39. The several courts of Will county having criminal jurisdiction shall take cognizance of all crimes com mitted within said penitentiary by the convicts therein confined, and said courts shall try and punish all such convicts charged with such crimes, in the same manner and subject to the same rules and limitations as are now established by law in relation to other persons charged with crimes in said county; but in case of conviction, the sentence of said convict shall not commence to run until the expiration of the sentence under which he is then held in confinement in said penitentiary: Provided, that in case such convict shall be sentenced to punishment by death, such sentence shall be executed at such time as the court shall fix, without regard to the sentence under which such convict may be held in the penitentiary. [2d L. 1867, p. 34, § 38.

40. AMENDMENTS.] § 40. It shall be the duty of said commissioners to report to the governor (to be communicated to the general assembly from time to time) such amendments to this act as in their judgment shall be necessary, in order to secure the best, most economical and safest administration of the affairs of said penitentiary. [2d L. 1867, p. 35, § 39.

41. CHAPLAIN TO READ RULES.] § 41. It shall be the duty of the chaplain to read to the convicts, at least once in each month, the rules and regulations of the penitentiary, so far as the same relate to such convicts, and to make such explanations of the same as he shall deem proper. [2d L. 1867, p. 36, § 45.

42. INSANE CONVICT.] § 42. If any case of insanity shall occur in said peni tentiary, such insane person shall at once be removed to the insane hospital, at Jacksonville, or other similar hospital under the control of the state, at the expense of the state; and should said patient recover before his or her time of imprisonment shall expire, he or she shall be returned to said penitentiary; and it is hereby made the duty of the superintendent of the said hospital for the

insane to receive into said hospital and treat all such insane convicts as in other cases of insanity. [2d L. 1867, p. 36, § 46.

43. DEBTS NOT TO EXCEED APPROPRIATION.] § 43. The commissioners and the warden of said penitentiary are hereby forbidden to contract any debt, on behalf of the state, beyond the amount of the appropriation made by the general assembly; and if the said commissioners, or either of them, or the said warden, shall contract any debt on behalf of the state, beyond such appropriation, such contract shall be void, and said commissioners and their sureties, or said warden and his sureties, shall be held liable to pay such debts. [See "Criminal Code," ch. 38, § 208.

[§ 44, repeal, omitted; see "Statutes," ch. 131, § 5.]

AN ACT to regulate the labor of the convicts of the penitentiary of the state. [Approved March 25, 1874. In force July 1, 1874.]

44. CONVICTS NOT TO LABOR OUTSIDE WALLS.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no labor shall be performed by the convicts in the penitentiary of this state in any stone quarry or other place outside the walls of the penitentiary: Provided, this act shall not be so construed as to prohibit such labor being performed in quarrying stone for the use of the state by its authorized agent: And, provided, further, that this act shall not be construed to prohibit the employment of convicts outside the prison walls by the warden and commissioners, in labor incident to the business and management of the penitentiary: And, provided, further, that this act shall not be construed to affect any existing contract.

ACT OF 1872.

AN ACT to allow convicts in the penitentiary a credit in diminution of their sentence, and for their being restored to citizenship upon certain conditions. [Approved March 19, 1872. In force July 1, 1872. L. 1871-2, p. 294.] 45. GOOD TIME.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every convict who is now or who may hereafter be confined in the Illinois Penitentiary, and who shall have no infraction of the rules or regulations of the penitentiary or laws of the state recorded against him, and who performs in a faithful manner the duties assigned to him, in an orderly and peaceable manner, shall be entitled to the diminution of time from his sentence as appears in the following table, for the respective years of his sentence, and pro rata for any part of a year where the sentence is for more or less than one year :

L. 1869, p. 101, § 1; L. 1863, p. 63, § 1.

1 year and 3 months.

1

9

2

3

2

9

3

3

3

9

89000~2QCCAA34

"

687779

3

9

10

3

10

46. FORFEITURE OF GOOD TIME.] § 2. In case any convict shall be guilty of the violation of any of the rules or laws of the penitentiary or of the state, as above provided, and has become entitled to any diminution of his sentence by the provisions aforesaid, he shall for the first offense forfeit, if he has made so much, two days; for the second offense, four days; for the third offense, eight days; for the fourth offense, sixteen days; and in addition thereto whatever number of days more than one, that he is in punishment, shall also be forfeited; for more than four offenses, the warden shall have power to deprive him, at his discretion, of any portion or all of the good time that the convict may have earned, but not less than as provided for the fourth offense.

47. SEVERAL SENTENCES CONTINUOUS.] § 3. That whenever any convict is or has been committed under several convictions, with separate sentences, they shall be construed as one continuous sentence under this law, in the granting or forfeiting of good time. [As amended by act approved February 3, 1874; in force July 1, 1874.

48. COMPUTING GOOD TIME.] § 4. The warden, in computing the dimimution of time for those convicts now in the penitentiary, shall allow them for the "good time granted," but not the "good time made," for the year or part of a year of their unexpired sentence, the same as if this law had been in effect at the commencement of their sentence.

49. CERTIFICATE OF RESTORATION.] § 5. The governor shall have the right to grant any convict that has been, now is, or may be hereafter confined in the penitentiary, whom he shall deem a proper person to enjoy that privilege, a certificate of restoration to all his rights of citizenship, as provided by law, although such convict may have been guilty of an infraction of the rules and regu lations of the prison. The warden, upon request of the governor, shall, in cases of application for such restoration, furnish him a statement of the convict's de portment during his imprisonment, and may at all times make such recommendation to the governor as he shall deem proper respecting the restoration to citizenship of any convict.

[§ 6, repeal, omitted; see "Statutes," ch. 131, § 5.]

AN ACT entitled "An act to secure to clergymen of all denominations free access to the penitentiary at Joliet, and all other penal, reformatory and charitable institutious in the state of Illinois." [Approved March 28, 1874. In force July 1, 1874.]

50. FREE ACCESS OF CLERGYMEN.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That clergymen of all denominations shall be admitted freely and without hindrance or restraint to visit at pleasure any inmate confined in the penitentiary at Joliet, or in any other prison, reformatory or charitable institution belonging to the state of Illinois, subject to such rules and regulations as may be established by the officers in charge of said institutions: Provided, however, that the clergymen so applying shall produce to the officers in charge of such institution, visited as aforesaid, satisfactory evidence from the church authorities to which he belongs that he is a clergyman in good standing.

51. WARDEN, ETC., TO PERMIT MINISTRATIONS.] § 2. It shall be the duty of the warden, superintendent or other officer in charge of any institution mentioned in section one (1) of this act to permit the ministrations of religion according to the rights and ceremonies of the church to which the visiting clergyman belongs, and to aid and assist such of the inmates, as aforesaid, who may desire it, to the comforts of religion at the hands of a clergyman of his or her own selection.

52. PENALTY.] § 3. The warden, superintendent or other officer mentioned in this act, who shall refuse, neglect or fail to comply with the provisions herein, shall be liable to dismissal from his said office by the person or persons by whom he shall have been appointed.

AN ACT to revise the law in relation to plats. [Approved March 21, 1874. In force July 1, 1874.]

1. LAYING OUT TOWNS, ETC.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Whenever the owner of lands shall wish to subdivide the same into two or more parts for the purpose of laying out a town, or making any addition to any city, village or town, or of re-subdivid ing any lots or blocks therein, he shall cause the same to be surveyed and a plat thereof to be made by the county surveyor or some other competent surveyor,. which plat shall particularly describe and set forth all the streets, alleys, common or public grounds, and all the in and out lots or fractional lots or blocks within, adjoining or adjacent to the land so divided, giving the names, widths, courses and extent of all such streets and alleys, and numbering all lots and blocks by progressive numbers, giving their precise length and width. Reference shall also be made upon the plat to some known and permanent monument from which future surveys may be made, or, if no such monument shall exist within convenient distance, the surveyor shall, at the time of making his survey, plant, and fix in such manner that the same shall not be moved by frost, at the corner of some public ground, or, if there be none, then at the corner of some lot or block most convenient for reference, a good and sufficient stone, to be furnished by the person for whom the survey is made, and designate upon the plat the point where the same may be found. [R. S. 1845, p. 115, § 17, 18, 19.

2. CERTIFICATE OF SURVEYOR ACKNOWLEDGMENT-RECORD.] § 2. The plat having been completed, shall be certified by the surveyor and acknowledged by the owner of the land, or his attorney duly authorized, in the same manner as deeds of land are required to be acknowledged. The certificate of the surveyor and of acknowledgment, together with the plat, shall be recorded in the recorder's office of the county in which the land is situated, and such acknowledg ment and record shall have like effect and certified copies thereof and of such plat or of any plat heretofore acknowledged and certified according to law, may be used in evidence to the same extent and with like effect, as in case of deeds. [R. S. 1845, p. 115, § 20.

3. DEDICATION-EFFECT OF.] § 3. The acknowledgment and recording of such plat shall be held in law and in equity to be a conveyance in fee simple of such portions of the premises platted as are marked or noted on such plat as donated or granted to the public, or any person, religious society, corporation or body politic, and as a general warranty against the donor, his heirs and represen

tatives to such donee or grantee for their use or for the use and purposes therein named or intended, and for no other use or purpose. And the premises intended for any street, alley, way, common or other public use in any city, village or town, or addition thereto, shall be held in the corporate name thereof in trust to and for the uses and purposes set forth or intended. [R. S. 1845, p. 115, § 21.

4. NEGLECT TO PLANT CORNER STONE, ETC.] § 4. Whoever shall lay out any town or make any addition to any city, village or town, or re-subdivide any lots or blocks therein, and neglect to plant any corner stone when required by this act, or shall survey the same or cause it to be surveyed in any other manner than that which is prescribed in this act, shall be fined in any sum not less than 25 nor exceeding $100. [R. S. 1845, p. 116, § 24.

5. PENALTY FOR SELLING WITHOUT PLAT RECORDED, ETC.] § 5. Whoever shall sell or offer for sale, or lease for any time exceeding five years, any lot or block in any town, city or village, or any addition thereto, or any re-subdivision of any lot or block therein, before all the requisitions of this act have been complied with, shall be fined $25 for each lot or block or part thereof so disposed of, offered for sale or leased. [R. S. 1845, p. 116, § 25.

VACATION OF PLATS.

6. OF THE WHOLE PLAT.] § 6. Any such plat may be vacated by the owner of the premises at any time before the sale of any lot therein, by a written instrument declaring the same to be vacated, executed, acknowledged or proved, and recorded in like manner as deeds of land; which declaration being duly recorded shall operate to destroy the force and effect of the recording of the plat so vacated, and to divest all public rights in the streets, alleys and public grounds, and all dedications laid out or described in such plat. When lots have been sold, the plat may be vacated in the manner herein provided by all the owners of lots in such plat joining in the execution of such writing. [L. 1847, p. 166, § 1.

7. OF PART OF PLAT.] §7. Any part of a plat may be vacated in the manner provided in the preceding section, and subject to the conditions therein prescribed: Provided, such vacation shall not abridge or destroy any of the rights or privileges of other proprietors in such plat: And, provided, further, that nothing contained in this section shall authorize the closing or obstructing of any public highway laid out according to law. [L. 1847, p. 167, § 3.

CANCELING PLAT OF RECORD.] § 8. When any plat or part thereof is vacated, the recorder in whose office the plat is recorded shall, upon the recording of such vacation, write in plain letters across the plat or part so vacated the word "vacated," and shall also make a reference on the same to the volume and page in which the instrument of vacation is recorded.

PLATS TO BE RECORDED, ETC.

9. PLATS OF HIGHWAYS, ETC., TO BE MADE AND RECORDED.) § 9. Whenever any highway, road, street, alley, public ground, toll-road, railroad or canal is laid out, located, opened, widened or extended, or the location thereof altered, it shall be the duty of the commissioners, authorities, officers, persons or corpora tions, public or private, laying out, locating, opening, widening, extending or altering the same, to cause a plat thereof showing the width, courses and extent thereof, and making such reference to known and established corners or monu ments that the location thereof may be ascertained, to be made, and recorded in the office of the recorder of the county in which the premises taken or used for the same, or any part thereof, are situated, within six months after such highway, road, street, alley, public ground, toll-road, railroad or canal is laid out, located, opened, widened or extended, or the location thereof altered; and when any highway, road, street, alley, public ground, toll-road, railroad or canal is vacated, the order, ordinance or other declaration vacating the same shall be in like manner recorded. This act shall not be construed to alter or affect any law specifically providing for the recording of any such plat, or to require the same to be