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Trustees not

priated to said institution only as follows: The auditor of public accounts shall issue his warrant upon the treasurer in favor of each of such trustees for the amount of his actual expenses in his attendance upon said board of trustees, upon the filing in the office of the said auditor of the voucher of the said trustee, setting forth in detail the amount and nature of each and every such expense, and the auditor shall charge the amount of the said warrant to the fund appropriated to the said institution.

85. No member of said board shall be employed or apto hold office. pointed in or to any office or place under the authority of the board of which he is a member; nor shall any member of said board be directly or indirectly interested in any contract to be made by said board, for any purpose whatever.

Duties of trustees.

Superintendent to control.

Pupils to conform to rules.

Annual reports to governor.

6. The said trustees shall have charge of the general interests of the institution, and shall appoint a superintendent, who shall be a physician, and fix the amount of his salary, who, with the consent of said board, shall employ all necessary assistants, teachers and other employès. The trustees shall make such by-laws for the government of the institution as shall be necessary for the successful attainmeut of the objects of the corporation. The said trustees, or a majority of them when convened, shall constitute a board, and shall have power to appoint a president, a treasurer and a secretary, the president to be selected from their own number, and the superintendent to serve, ex-officio, as secretary, and to prescribe their duties and fix their terms of service. They shall require the treasurer, from time to time, to give bonds to the People of the State of Illinois for the faithful discharge of the duties of his office; they shall determine the salaries of such other officers and assistants as may be necessary to the able and economical administration of the affairs of the institution.

7. The superintendent shall exercise entire official control over all subordinate officers and assistants in this institution, and shall have entire direction of the duties of the same and be responsible for their fidelity.

8. Pupils or children placed in the institution by parents and guardians, or other persons having rightful control, shall be required to conform to the rules and regulations of the institution as far as they may have ability.

9. The board shall make annual reports to the gov ernor of the state on or before the fifteenth of December, showing the number of applications received, the number of pupils under instruction, the number of pupils admitted, and the number of pupils discharged during the year; also, the progress and results of the system of instruction pursued at the institution, and such general facts as may be instrumental in giving the people of the state of Illinois all the information proper to be laid before them, together with

a detailed financial statement of all moneys received, and how they have been expended.

board.

10. The said trustees shall meet quarterly, when they Meetings of shall examine and audit all the accounts of the institution, and make requisition on the auditor of public accounts of the state of Illinois for funds required for use during the succeeding quarter, from funds which have been appropriated by the general assembly for the use of the institution: Provided, that the first quarterly installment of any such appropriation shall be paid in advance, but no further warrants shall be drawn for any succeeding installment until the superintendent of said institution shall have filed with the auditor satisfactory vouchers, approved by the board of trustees, showing, in detail, each and every expenditure made out of the preceding installment.

11. In all cases, where the parents of pupils sent to Indigent pupils. the Institution for the Education of Feeble-ininded Children, are too poor to furnish them with good and sufficient clothing, and expenses for transportation from and to their homes, or where other pupils are without parents, and are unable to furnish themselves with such clothing and expenses for transportation, in all cases of pauper children who are idiotic or feeble-minded, the parents, guardians, or next friend of any such children, or any officer of the county or township in which such children may reside, may make application to the county court or board of supervi sors of the county, and, upon a decision by such county court or board of supervisors, that such child or children are paupers, and proper subjects for the care of this institution, an order shall be passed to that effect, and the judge of the county court of the county from which they are sent shall certify the same to the superintendent, who shall procure such necessary clothing and transportation, and charge the same to said county, and present the account to the auditor of public accounts, who, thereupon, shall draw upon the county treasurer for the amount so charged to the county, and the said county shall annually assess and collect by tax the amount necessary to pay said order or orders, and if said county shall fail so to do, the circuit court in said county shall, on application therefor, compel the same by mandamus,

of

to transfer pro

12. The board of directors of the Illinois Institution Directors for the Education of the Deaf and Dumb, shall transfer all deaf and dumb the property now in their possession which has been pur- perty. chased or erected for and is now in use by the Illinois Institution for the Education of Feeble minded Children; aiso, all funds unexpended from appropriations made by the general assembly for said institution for feeble-minded children, to the board of trustees of the Illinois Institution for the Education of Feeble-minded Children, who are hereby authorized to receive all such property and funds, and

Auditor

draw

to

who shall succeed to all the rights and powers of the direc tors of the Illinois Institution for the Education of the Deaf and Dumb, so far as they extend to the Illinois Institution for the Education of Feeble-minded Children.

13. The auditor of public accounts is hereby authorwarrant ized and required to draw his warrants on the treasurer of for appropriations. state for all sums which may be appropriated, or are undrawn or unexpended, which have been appropriated for the use of said institution by the general assembly, upon orders of the board of trustees of the Illinois Institution for the Education of Feeble-minded Children, when signed by the president and attested by the secretary of said board, with the seal of the institution.

§ 14. This act shall take effect and be in force on the first day of July, 1871.

APPROVED April 6, 1871.

FEES AND SALARIES.

In force July 1, AN ACT to fix the salaries of state officers; of the judges of the circuit courts

1872.

Salaries

state officers.

and superior court of Cook county; of the state's attorneys; of the judges and prosecuting attorneys of inferior courts in cities and towns; of the county officers of Cook county; to regulate the fees of the secretary of state and of the clerks of the supreme court; to classify the counties according to population, and fix the scale of fees for county officers in each class; to establish the fees of masters in chancery, notaries public, commissioners, arbitrators, jurors, witnesses, justices of the peace, constables and all town officers; to provide the mode of rendering their accounts, and to fix a penalty for exacting illegal fees.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there of shall be allowed and paid an annual salary, in lieu of all other salary, fees, perquisite, benefit or compensation, in any form whatsoever, to each of the officers herein named, the following sums respectively:

To the governor the sum of six thousand dollars, together with the use and occupation of the executive mansion.

To the lieutenant-governor the sum of one thousand dollars: Provided, that if the powers and duties of the office of governor shall devolve upon the lieutenant-governor, the lieutenant-governor shall, during the continuance of such emergency, be entitled to the emoluments thereof as herein provided.

To the secretary of state, the sum of thirty-five hundred dollars.

To the auditor of public accounts, the sum of thirty-five hundred dollars.

To the treasurer, the sum of thirty-five hundred dollars. To the superintendent of public instruction, the sum of thirty-five hundred dollars.

To the attorney-general, the sum of thirty-five hundred dollars.

Fees of state

To the adjutant-general, the sum of fifteen hundred dollars. § 2. That all fees that now are, or that may be hereafter provided by law to be paid to either of said officers above officers. named, shall be paid in advance into the state treasury, as revenue. The treasurer shall keep a separate account of the amount received from each office, and his receipt shall be retained by the officer rendering the services. In all cases where such officers shall be entitled to fees, they shall render, under oath, to the governor, a semi-annual report of the amount, and from what sources received: Provided, that this act shall not, in any respect, apply to the present incumbents in the offices of auditor and secretary of state, during their present respective terms of office, except in so far as it requires a semi-annual report of the fees by them received; but said last named officers shall receive the compensation now allowed by law during their present terms of office.

§ 3. That each judge of the circuit courts of this state, Judges of the and each judge of the superior court of Cook county, shall circuit courts. receive and be paid out of the state treasury of this state an annual salary of thirty-five hundred dollars, in lieu of all other compensation, perquisite or benefit, in any form whatsoever: Provided, that the provisions of this act shall not prevent the payment of such additional compensation to the judges of the circuit and superior courts of Cook county, out of the treasury of said county, as is or may be provided by law.

4. That the salaries of the officers herein above named, To be paid quarter-yearly. provided to be paid out of the state treasury, shall be paid to the officers above nained quarter-yearly, on the warrant of the auditor of public accounts, out of any money in the state treasury not otherwise appropriated.

5. Judges of inferior courts of record in towns and cities shall be allowed and receive, in lieu of all other fees, perquisites or benefits whatsoever, in cities or towns having a population not exceeding five thousand inhabitants, five hundred dollars; and in cities or towns having more than five thousand inhabitants, fifteen hundred dollars, to be paid out of the city or town treasury. County judges shall be allowed such salary as shall be fixed by their respective boards, to be paid out of the county treasury.

Prosecuting

6. That each prosecuting attorney of such inferior court, other than the state's attorney, shall be allowed and attorneys.

Salaries state's

neys.

of attor

Fees of state's attorneys.

State's attorney

receive in full compensation for all services rendered as prosecuting attorney of such court, an annual salary of two hundred and fifty dollars, to be paid by the town or city.

7. There shall be allowed to the several state's attorneys in this state, for services to be rendered by them, the following fees and salaries, to-wit:

To each state's attorney, the sum of four hundred dollars, which salary shall be paid to them respectively, in quarteryearly installments, on the warrant of the auditor, out of any money in the treasury not otherwise appropriated: Provided, that until the election of a state's attorney, in and for each county, in the year one thousand eight hundred and seventy-two, all state's attorneys shall receive the sum now provided by law: Provided, that the provisions of this act shall not prevent the payment of such additional compensation to the state's attorney of Cook county, out of the treasury of said county, as is or may be provided by law. § 8. The state's attorneys to be hereafter elected, shall also be allowed the following fees:

On each conviction where the crime is punished by death or confinement in the penitentiary, fifteen dollars, and five dollars each on all other convictions.

Ten per cent. upon all moneys (except revenue) collected by them and paid over to the state or any county, which sum, together with the trial fees that cannot be collected from the parties convicted, shall be paid out of any fines and forfeited recognizances collected by them.

In each case of forfeited recognizance, where the forfei ture is set aside at the instance of the defendants, except where such forfeiture has been erroneously or irregularly entered, in addition to the ordinary costs the sum of five dollars shall be collected as the state's attorney's fees.

In cases of indictment for false imprisonment or willful and malicious mischief, where the petit jury shall return with their verdict of "not guilty," that the prosecutor acted maliciously in the premises, the sum of three dollars, to be taxed and collected as other costs.

The sum of five dollars upon each examination in the circuit court of a party bound over to keep the peace, and the sum of ten dollars upon the trial of any person under the provisions of the laws concerning bastardy.

§ 9. It shall be duty of each state's attorney of this state to make report. to make report in writing to the circuit court of their respective counties, on the first day of every term thereof, of all fees, fines and forfeitures by him collected, which report shall be verified by the affidavits of the party making it, and shall be filed by the clerk and recorded in a book by him to be kept for that purpose. Any state's attorney failing or refusing to make such report shall be suspended by the court until such report be made, and it shall be the duty of the court making such suspension to appoint some suit

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