Notice claimant.

obliged to pay to the occupying claimant, for improvements made after notice, more than what is equal to the rents and profits aforesaid.

to § 54. Notice to any occupying claimant shall bind all those claiming from, by or through such occupying claimant, to the extent of such claim.

Commissioners

ises.

damageɛ.

55. The court who shall pronounce and give judgment to view prem- of eviction, either in law or equity, shall, at the time, nominate seven fit persons, any five of whom shall have power, and it shall be their duty, to go on the premises, and, after viewing the same, on oath or affirmation, to assess the value of all such lasting and valuable improvements which shall have been made thereon, prior to the receipt of such notice, as aforesaid; and also, to assess all damages the land may have sustained by the commission of any kind of waste, or by deduction of soil by cultivation or otherwise, during the occupancy of the person evicted, and subtract the same from the estimated value of the said improvements; which Assessment for assessment, signed and sealed by the persons making the same, shall be by them lodged with the clerk of the court wherein they were nominated, before the next ensuing term, or as soon thereafter as may be convenient; and at the next court after such assessment, it shall be entered up as a judgment in favor of the person evicted, and against the successful claimant of the land, by the clerk; upon which judgment execution shall immediately be issued by the clerk, if directed by the person evicted, unless the successful claimant shall give bond and security, to be judged of by the court, to the person evicted, and to be taken at the time of entering up such judgment, conditioned to pay the same within twelve months from the date thereof, with five per cent. interest thereon: Provided, the balance shall ultimately be in favor of such occupying claimant, according to the directions and provisions of this chapter; which bond shall have the force of a judgment; and at the expiration of twelve months, aforesaid, an execution shall be issued upon the same, by the clerk of the coart in which it was taken, at the request of the party entitled thereto, ou oath being made that the same is yet due. Should the balance be in favor of the successful claimant, judgment in like manner shall be entered up in his favor, against the other party, for the amount of the same, upon which execution may be issued, as aforesaid, unless bond and security be given to such claimant, which may be acted upon in the manner before directed, and to declare what shall be the law between adverse claimants under distinct titles of the kinds aforesaid, after notice.

Improvements.

56. The persons nominated by the court, as aforesaid, when making an assessment, shall carefully distinguish between such improvements as were made on the land prior to notice, and those which were made after notice; and

when making an assessment they shall also take into consideration all such necessary and lasting improvements as shall have been made on the lands, after the receipt of such notice, as aforesaid, and shall ascertain the amount of the value thereof; and they shall also take into consideration and ascertain the amount of the rent and profits arising from the whole of the improvements on the land, from the time that notice of such adverse claim was received by such occupying claimant; and then, after taking the amount of one from the other, the balance shall be added to or subtracted from the amount of the value of the improvements which shall have been made before the receipt of the notice aforesaid, as the nature of the case shall require.

to

estimate

57. The commissiouers shall also estimate the value of Commissioners the lands in dispute, exclusive of any improvements that value. shall have been made thereon, and make report of the amount of such valuation to the court; and if the value of the improvements shall exceed such estimated value of the land in dispute, in that case it shall and may be lawful for the proprietor of the better title to transfer, or convey, as the nature of the case may require, his better title to the occupying claimant; and thereupon, judgment shall be entered up in his favor, against the occupying claimant, for such estimated value, upon which an execution may issue, unless the occupying claimant shall give bond and security, to be approved by the court, to pay the amount of such judgment within one year after the person transferring or conveying, as aforesaid, with interest from the date; which bond shall have the force of a judgment; and if not paid at the expiration of the year, an execution may issue in the manner before directed by this chapter: Provided, that the proprietor of the better title shall, in every such case, at the time of entering up judgment in his favor, give bond and security, to be approved by the court, to the occupying claimant, to refund the amount of such judgment, in case the land so trausferred or conveyed shall ever thereafter be taken from him by any other prior or better claim.

nated-oath.

§ 58. The persons nominated by the court, by virtue of Persons nomithis act, shall be called commissioners, and shall, respectively, take an oath or affirmation to do equal right to the parties in controversy; and shall also have power and authority to call witnesses, and administer the necessary oaths, and to examine them for the ascertainment of any fact material to the inquiry and assessment by this act directed.

59. The said commissioners, in making every estimate of value, by virtue of this act, shall state, separately, the result of each; and the court shall have power to make such allowance to the said commissioners, in any case, as shall seem just-which allowance shall be taxed and collected as costs: Provided, that this act shall not be extended to affect or impair the obligation of contracts, or to authorize

Allowance to commissioners.

Value of improvements and damages.

Precept to stay

waste.

Acts repealed.

the occupying claimant to be twice paid for his improve ments; and in all cases where the occupying claimant is paid for his improvements by any other person than the proprietor of the better title, such person shall have the same redress as is allowed to the occupying claimant.

60. The court shall have the same power to proceed by appointing commissioners to assess the value of improvements, and the damages by the commission of any kind of waste, by reduction of soil by cultivation or otherwise, during the occupancy of the person evicted in case of arbitration, or by consent of the parties, on motion, without suit. § 61. Nothing herein contained shall be construed so as to prevent any court from issuing a precept to stay waste, and ruling the party to give bond and security in such manner as such court may think right.

§ 62. The following acts and parts of acts are hereby repealed: Chapter thirty-six of the Revised Statutes of 1845, entitled "Ejectments;" an act entitled "An act to amend chapter thirty-six, of the Revised Statutes, entitled 'Ejectments,' approved February 10, 1849;" an act entitled "An act to amend chapter thirty-six, of the Revised Statutes of 1845, entitled 'Ejectments,' approved February 15, 1555;" an act entitled "An act to amend chapter thirtysix, of the Revised Statutes of 1845, entitled 'Ejectments,' approved March 26, 1869;" section five, of chapter sixty, of the Revised Statutes of 1845, entitled "Landlord and tenant," and all other acts and parts of acts inconsistent with the provisions of this act. But the repeal of said acts and parts of acts shall not affect any suits that may be pending, or any rights that may have accrued, at the time this act shall take effect.

APPROVED March 20, 1872.

ELECTIONS.

In force July 1, AN ACT in regard to elections, and to provide for filling vacancies in elective

1872.

offices.

ELECTORS OF PRESIDENT AND VICE-PRESIDENT OF UNITED

STATES.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there of shall be elected, by general ticket, on the Tuesday next vice-president. after the first Monday in November preceding the expira

Electors president

and

tion of the term of office of each president of the United States, as many electors of president and vice-president of the United States as this state may be entitled to elect; which election shall be conducted and returns thereof made as hereinafter provided: Provided, that if congress should hereafter fix a different day for such election, then the election for electors shall be held on such day as shall be named by act of congress..

votes-eturns.

§ 2. The county clerks of the several counties shall, Abstract within eight days next after holding an election for electors of president and vice-president of the United States, as is provided for in this act, make three copies of the abstract of votes for electors, and transmit by mail one of said copies to the governor, another to the office of the secretary of state, and retain the third in his office, to be sent for by the governor in case both the others should be mislaid. Within twenty days after the holding of such election, and sooner if all the returns are received by either the governor or by the secretary of state, the secretary of state, auditor of public accounts and treasurer, or any two of them, shall, in the presence of the governor, proceed to open and canvass said election returns, and to declare the persons having the highest number of votes elected; but should any two or more persons be returned with an equal and the highest vote, the said secretary of state shall cause a notice of the same to be published, which notice shall name some day and place, not less than five days from the time of the pub. lication of such notice, upon which the said secretary, auditor and treasurer will decide by lot which of said persons so equal and highest is elected. And upon the day and at the place so appointed in said notice, the said secretary, anditor and treasurer, or any two of them, shal, in the presence of the governor, decide by lot which of the persons so equal and highest shall be elected.

election.

of

§ 3. The governor shall cause the result of the said elec-Certificates of tion to be published, and shall transmit by mail, to the persons elected, certificates of their election.

electors.

§ 4. The electors chosen, as aforesaid, shall meet at the Meeting of seat of government of this state, at the time appointed by the laws of the United States, and give their votes in, in the manner therein provided, and perform such duties as are or may be required by law. Each elector shall receive for every twenty miles necessary travel in going to the seat of government to give his vote, and returning to his residence, to be computed by the most usual route, the sum of three dollars, to be paid on the warrant of the auditor, out of any money in the treasury not otherwise appropriated.

§ 5. In case any person declared duly elected an elector Failure of elecof president and vice-president of the United States shall tors to attend.

fail to attend at the state house, at the seat of government

of this state, at or before the hour of twelve o'clock, at noon,

Representatives in congress.

State officers.

Superintendent

struction.

of the day on which his vote is required to be given, it shall be the duty of the elector or electors of president and vicepresident, attending at that time and place, to appoint a person or persons to fill such vacancy: Provided, that should the person or persons chosen by the people, as aforesaid, arrive at the place aforesaid before the votes for presi dent and vice-president are actually given, the person or persons appointed to fill such vacancy shall not act as elector of president and vice-president.

TIME OF HOLDING ELECTIONS FOR CERTAIN OFFICERS.

§ 6. Representatives in congress shall be elected on Tuesday next after the first Monday in November, in the year of our Lord eighteen hundred and seventy-two, and every two years thereafter; but if congress shall fix a different day, then such election shall be held on the day so fixed by congress.

7. The governor, lieutenant-governor, secretary of state, auditor of public accounts and attorney-general, shall be elected on Tuesday next after the first Monday of November, in the year of our Lord eighteen hundred and seventy-two, and every four years thereafter.

§ 8.

The superintendent of public instruction shall be of public in- elected on Tuesday next after the first Monday of November, in the year of our Lord eighteen hundred and seventy four, and every four years thereafter.

State treasurer.

Judges of the

89. The state treasurer shall be elected on Tuesday next after the first Monday of November, in the year of our Lord eighteen hundred and seventy-two, and every two years thereafter.

10. The judges of the supreme court shall hereafter supreme court. be elected as follows, to-wit: In the first, second, third, sixth and seventh districts on the first Monday of June, in the year of our Lord eighteen hundred and seventy-nine, and every nine years thereafter. In the fourth district, on the first Monday of June, in the year of our Lord eighteen hundred and seventy-six, and every nine years thereafter. In the fifth district, on the first Monday of June, in the year of our Lord eighteen hundred and seventy-three, and every nine years thereafter.

Clerk of the supreme court.

Judges of the circuit courts.

Judge of supe

rior court Cook county.

§ 11. A clerk of the supreme court in each grand division shall be elected on Tuesday next after the first Monday of November, in the year of our Lord eighteen hundred and seventy-two, and every six years thereafter.

§ 12. The judges of the circuit court shall be elected on the first Monday of June, in the year of our Lord eighteen hundred and seventy three, and every six years thereafter.

§ 13. The judges of the superior court of Cook county of shall be elected as follows: One on Tuesday next after the first Mouday of November, in the year of our Lord eighteen