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moneys that may be received by them as such commissioners, and to make due account thereof to the court whenever required, which bond shall be filed in the court in which the proceedings are had. The court may require additional bond from time to time.

to perform all

34. The commissioners, when appointed and qualified Commissioners pursuant to this chapter, may do any and all acts that may necessary acts. be necessary in and about the surveying, laying out, constructing, repairing, altering, enlarging, cleaning, protecting and maintaining any drain, ditch, levee or other work for which they shall have been appointed, including all necessary bridges, crossings, embankments, protections, dams and side drains, and may employ all necessary agents and servants, and enter into all necessary contracte, and sue and be sued.

Commissioners

money.

§ 35. The commissioners may borrow money, not ex ceeding in amount the amount of assessment unpaid at the mone time of borrowing, for the construction of any work which they shall be authorized to construct, and may secure the same by notes or bonds, bearing interest at a rate not exceeding ten per cent. per annum, and not running beyond one year after the last assessment, on account of which the money is borrowed, shall fall due, which notes or bonds shall not be held to make the commissioners personally liable for the money borrowed, but shall constitute a lien upon the assessment for the repayment of the principal and interest thereof.

borrow

Drains, etc., already

§ 36. When it shall appear that a drain, ditch, levee or other work has been, in whole or in part, constructed for structed. the purposes of draining any land to be benefited by the construction of any work which they shall be authorized to construct, and the whole or any part of the cost of such work shall have been paid or incurred by any person or corporation, if such work shall be valuable for the purposes of draining the land, and can be made useful therefor by such commissioners, according to their plans, they may allow and pay to such person or corporation the actual value thereof for such purpose.

con

Damages over

efits.

§ 37. All damages over and above the benefits to any tract of land shall be payable out of the amounts assessed and above benagainst other lands for benefits, and shall be paid or tendered to the owner thereof, before the commissioners shail be authorized to enter upon his land for the construction of any work thereon. In case the owner is unknown, or there shall be a contest in regard to the ownership of the land, or the commissioners cannot for any reason safely pay the same to the owner, they may deposit the same with the clerk of the court, and the court may order the payment thereof to such party as shall appear to be entitled to the

same.

Removal

of § 38. The court may, at any time, remove any commiscommissioners. sioner appointed by it, and appoint another in his place,

New ments.

sioners.

assess

and may fill all vacancies by death, resignation, removal, or otherwise, and may appoint a new commission, or au thorize the commissioners appointed to repair or cleanse any work, ditch or drain that shall have been constructed. $39. Any one or more new assessments may be made in the manner herein before provided, on the suggestion of the commissioners, or any owner or occupant of lands affected by any work authorized by this chapter, either to supply any deficiency in any other assessment, or to repair, alter, enlarge, cleanse, protect, or maintain any drain, ditch, levee or other work constructed by virtue of this chapter.

Compensation 40. The commissioners shall receive for their services of commis- the sum of three dollars per day for each day they shall be actually engaged in the business of their appointment. They shall fix the compensation of all other servants and agents.

To report to the court.

When cost does not exceed five thousand dolars.

Proceedings

$41. The commissioners shall, as often as once in each year after their appointment, and as much oftener as the court shall require, make a report to the court by which they were appointed, showing the amount of money by them col ected, and the amount and kind of work done, and the manner in which the same is being done.

§ 42. When the cost of any proposed drain, ditch, levee or other work authorized by this chapter to be done will not exceed the sum of five thousand dollars, and will not extend through or into more than three congressional townships, the petition may, if the petitioners shall so elect, be filed with a justice of the peace in the county where the land to be affected, or the major part thereof, is situated; and all the proceedings authorized by this chapter to be had in the county court, in cases where the petition is filed in such court, may be had before such justice of the peace, and the assessment of damages and benefits shall be conducted before such justice in the same manner, as near as may be, as in cases commenced by petition before such county court. And appeals may be taken from the final judgment of the justice of the peace to the county court, within the same time and in the same manner as appeals may be taken trom the findings of the jury in cases commenced in the county court; and the assessment of benefits may be collected and enforced as in such cases before the county court.

843. When the proceedings shall be had before a justice before a jus.ice. of the peace, the justice shall direct the commissioners of highways of the town or township-or in case the drain, ditch or other work shall be located in several towns or townships, the commissioners of the several townships as a joint board-to lay out and construct such work, and perform the duties required of commissioners appointed under this chapter; and such commissioners of highways shall

have all the power and authority, and may perform all acts and shall discharge all the duties, bestowed upon or required of commissioners appointed by the county court.

Neglect or refusal to dis

$ 44. If any commissioner of highways shall refuse or neglect to discharge any of the duties imposed upon him charge duties. by virtue of this chapter, he shall, for every such refusal or neglect, be liable to any party aggrieved for all damages sustained by him, and upon conviction may be fined in any sum not exceeding one hundred dollars, and be removed from his office.

-penalty.

$45. Any person who shall wrongfully and purposely Injury to works fill up, cut, injure, destroy, or in any manner impair the usefulness of any drain, ditch or other work constructed under this chapter, or that may have been heretofore constructed, for the purposes of drainage or protection against overflow, may be fined in any sum not exceeding two hundred dollars, to be recovered before a justice of the peace in the proper county, or if the injury be to any levee, whereby lands shall be overflowed, he may, on conviction in any court of competent jurisdiction, be fined in any sum not exceeding five thousand dollars, or imprisoned in the county jail not exceeding one year, or both, in the discretion of the court. All complaints under this section shall be in the name of the People of the State of Illinois, and all fines, when collected, shall be paid over to the proper commis. sioners, to be used for the work so injured.

pre

damages.

§ 46. In addition to the penalties provided in the Liable ceding section, the person so wrongfully and purposely filling up, cutting, injuring, destroying or impairing the usefulness of any such drain, ditch, levee or other work, shall be liable to the commissioners having charge thereof for all damages occasioned to such work, and to the owners and occupants of land for all damages that may result to them by such wrongful act, which may be recovered before a justice of the peace, if within his jurisdiction, or before any court of competent jurisdiction.

APPROVED April 24, 1871.

for

AN ACT to provide for the registration of drainage and levee bonds, and In force July 1, secure the payment of the same.

works.

1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever To be public it shall appear by the finding of the court before which any proceeding is pending or may be had, pursuant to the pro visions of an act entitled "An act to provide for the construction and protection of drains, ditches, levees and other

registered.

works," approved April twenty fourth, eighteen hundred and seventy-one, that any drain, ditch, levee, or other work authorized by said act to be made, will be of public benefit for the promotion of the public health or in reclaiming or draining lands, the same shall be deemed a public work, and the control thereof shall be subject to such other and further enactments as may hereafter be provided. Bonds to be § 2. Whenever the commissioners, appointed to lay out and construct, or construct or repair or improve any such drain, ditch, levee or other work, shall be authorized by order of the court to borrow money, and shall issue bonds as provided in section thirty-five of said act, in the aggre. gate amount of not less than twenty-five thousand dollars, it shall be lawful for the commissioners to register such bonds at the office of the auditor of public accounts; such registration shall show the date, amount, number, maturity and rate of interest of such bonds, and the auditor shall, under his seal of office, certify upon each bond the fact of such registration.

Assessment roll to be filed.

auditor.

§ 3. At the same time that the bonds are registered by the auditor, the commissioners shall file with the auditor a copy of the assessment roll, and shall also file with the respective county clerks of the counties in which the land assessed is situated, a copy of so much of the same as lies within their counties respectively, and thereafter the assessment upon such property shall be extended and collected in the manner provided in section twenty-nine of said act, and shall not be collected by the commissioners.

Duties of the § 4. It shall be the duty of the auditor, annually, before the time of settlement of county collectors for state taxes, to make out and forward to the several county collectors of the counties in which the assessed land may be situated, a statement of the amount of the assessment collectable in that year that may be required to pay the interest upon such bonds for that year, and to insure the payment of the principal of such bonds out of such assessment; and upon the collection of the installments upon such assessment the county collectors shall pay into the state treasury the amount so certified, to the credit of said commissioners, which shall be held and paid out by the state treasurer, as hereinafter provided.

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5. The state shall be deemed the custodian only of the amounts so paid over to the state treasurer, and shall not be deemed in any manner liable on account of any such bonds; but the amount so collected and paid into the state treasury shall be applied in the payment of the interest and principal of such registered bonds, and if any balance remains after the payment of such bonds, the balance shall be paid over to such commissioners.

86. In case an amount shall be paid into the state treasury in any year, more than shall be sufficient to pay

the interest and principal that shall fall due in that year, the treasurer shall invest the same in interest-bearing bonds of the United States or of this state, or in the purchase of such registered bonds, and accumulate such or so much thereof as shall not be required to pay interest and principal of such bonds or be invested in the purchase of such bonds, until the whole amount of such registered bonds shall be paid.

to state debt.

§ 7. All laws relating to the payment of interest on the Laws relating state debt or the cancellation of evidence thereof, not inconsistent with this act, shall apply to the receipt, custody and disbursement of the amount collected and paid into the state treasury under this act.

bonds.

8. Upon the payment of such registered bonds, or in- Payment of terest coupons, by the commissioners issuing the same, and the presentation thereof to the auditor, he shall cause the entry thereof to be made in his office. APPROVED April 9, 1872.

DROVERS.

AN ACT concerning drovers.

In force July 1, 1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when- Stock driven off. ever any drover or other person engaged in driving horses, cattle, mules, hogs or sheep through any part of the state of Illinois, shall drive off, or shall knowingly and willingly suffer or permit to be driven off from the premises of any citizen of said state, or from the range in which the stock of any such citizen usually run, to any distance, exceeding five miles from such premises or range, any horse, mule, neat cattle, hogs or sheep, belonging to such citizen, it shall be lawful for the owner of any such stock so driven off, to follow and reclaim the same wherever it may be found; and for the taking and driving away, or suffering or permitting to be driven away, of such stock, the said owner shall be entitled to recover of and from said drover or other person Owner may reguilty thereof, for each horse, mule, neat cattle, hog or sheep, so driven away, twice the value thereof, to be recov ered in an action of debt before any justice of the peace of any county where such horses or other stock may be found, or any court having competent jurisdiction thereof: Provi ded, however, that if the drover shall not pass any habitation within said five miles, and shall separate said cattle or

cover.

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