day they shall neglect or refuse to do so; and it is hereby made the duty of such public authorities having charge of such street, to enforce the payment of such fine, by suit, in the name of the town or municipal corporation wherein such crossing shall be situate, before any court of competent jurisdiction in the county, and the prosecuting attorney shall attend to the prosecution of all suits as directed by said public authorities. All the moneys collected under the provisions of this act shall be paid into the treasury of the town or municipal corporation in whose name such suits shall have been brought: Provided, that when any railroad company is required to keep a flagman at a crossing, it shall have the right to erect and maintain in the highway or street crossed a suitable house for the shelter of such flagman, the same to be so located as to create the least obstruction to the use of such street or highway, and afford the best view of the railroad track in each direction from such crossing.(1) [L. 1869, p. 314, § 8.

36. Penalties.] § 36. If any railroad corporation, or any of its agents, servants or employees, shall violate any of the provisions of this act, such corporation, agent, servant or employee shall, severally, unless otherwise herein provided, be liable to a fine of not less than $10 nor more than $200, to be recovered in an action of debt, in the name of the People of the State of Illinois, for the use of any person aggrieved, before any court of competent jurisdiction.

37. Corporation defined.] § 37. The word "corporation," as used in this act, shall be construed to include all companies, lessees, contractors, persons, or association of persons, owning, operating or using any railroads in this state.

38. Street railroads.] § 38. This act shall not apply to horse cars or street railroads.

(1) Streets in cities and villages or town plats are public highways and in towns not incorporated such streets would be subject to the care and superintendence of the commissioners of highways of the town.

The legislature may compel railroads to fence their tracks, and this may be done by the imposition of fines, penalties or forfeitures. C. & St. L. R. R. Co. v. Warrington, 92 IIL R., 157.

A railway company is under obligation to leave every highway that it crosses in a safe condition for the use of the public in the absence of any provision in its charter to the contrary, and where this duty was imposed by the original charter, under which a railroad was built, the same duty will rest upon any company who may afterward own the road, so long as the said is operated. The People v. C. & A. R. R. Co., 67 Ill R., 118.

Although railroad companies are not required or cannot fence their tracks in an incorporated town, still they are bound to use all due and proper diligence to avoid injury to both persons and property; and they are not relieved from this duty even where stock is wrongfully running at large or trespassing on their track or right of way. T., W. & W. R'y Co. v. McGinnis, 71 Ill. R., 346.

A railroad company is liable for obstructing the streets of a town with its cars. Ill. Cent R. R. Co. v. City of Galena, 40 Ill. R., 344; T., P. & W. R'y Co. v. Town of Chenoa, 43 Ill R., 209.

AN ACT concerning hedge fences along the public highways in this State. Approved June 21, 1883. In force July 1, 1883.

1. Hedge fences.] 1. That the owner or owners of any hedge fence along the line of any public highway in this State, shall during the year next after such hedge shall have attained the age of seven years, cut back or trim such hedge fence to a height not to exceed five feet, and shall, at least, once in every two years thereafter, cut back or trim such hedge fence, so that the same shall not exceed the height of five feet, so that such public highway shall not be obstructed or impaired in usefulness or convenience, nor the public health be injured or jeopardized by such hedge fence: Provided, that the provisions of this section shall not apply to any hedge protecting either an orchard or building. Provided further, that upon application by the owner of any hedge fence along any highway, to the commissioners of highways of the town where situated, in counties under township organization, or to the supervisors of highways in the road district where situated in counties not under township organization; said commissioners of highways, or supervisors of highways, as the case may be, shall permit said owner to grow a hedge fence, not to exceed one-fourth of the total length of hedge fence along the highway, on each farm of said owner, to any height desired by said owner as a windbreak for stock.(1)

(1) Form of Application by Owner to Grow Hedge Fence as a Windbreak. To A. B., C. D. and E. F., commissioners of highways of the town of in -county, State of Illinois:

The undersigned being the owner of a hedge fence along the highway in said town at [here state portion of highway where hedge fence is located], hereby makes application to you as such commissioners of highways for permission to grow a hedge fence of the length of rods [not to exceed one-fourth of the total length of hedge fence] along the highway at the above named place, to the height of feet, the same being desired as a windbreak for stock.

G. H.

It is proper that the consent of the commissioners should be endorsed on such appli cation, and the endorsement may be in the following form:

Form of Consent by Commissioners to Grow Hedge Fence as a Windbreak. State of Illinois,

Town of

County, ss.

Board of Commissioners of Highways.

Consent is hereby given by the commissioners of highways of the town

2. Owner not complying with act-Penalty.] § 2. If the owner or owners of any such hedge fence shall fail or refuse to comply with the provisions of this act, on or before the fifteenth day of May in the year that said hedge should be cut, the said owner or owners shall be subject to a fine not less than ten dollars ($10), nor more than fifty dollars ($50) in each and every year failing to comply with the provisions of this act. Said fine may be recovered, with cost of suit against the owner or owners of such hedge fence, before any justice of the peace, or other court of competent jurisdiction, of the county in which said hedge is situated, by suit in the name of the commissioners of highways of the township in the counties under township organization, or supervisors of highways of the road district in counties not under township organization, in which such hedge fence may be situated; said fine to be applied for the use of the road district in which such hedge fence may be situated.

3. Non-resident-Trimming-Cost.] § 3. That when the owner or owners of such hedge fence do not reside in the county where such hedge fence is situated, and refuse or neglect to cut, or cause the same to be cut, it shall be the duty of such commissioners, or supervisors of highways to cut, or cause such hedge fence to be cut or trimmed any time after the fifteenth day of May, in each and every year, as is required by this act. The cost of cutting or trimming and all costs that may accrue by cutting or trimming such hedge fence, may be returned by the commissioners or supervisors of highways as delinquent road tax against the land on which such hedge fence may be situated, to be collected the same as other tax.

of -, to G. H. to grow a hedge fence for the length of rods and to the height of feet, along the highway at [here state location as in application] as a windbreak for stock, in accordance with the within application.

Given under our hands this day of

18-.

DIVISION V.

PAUPERS.

AN ACT to revise the law in relation to paupers. [Approved March 23, 1874. In force July 1,

SECTION.

1874. Rev. Stat., ch. 107.]

SUPPORT OF THE POOR.

13. Bringing pauper into county-Penalty.

14. Support of paupers by county.

15. Support by towns.

16. Removal of pauper not resident of county or town.
17. Residence "defined.

66

18. Overseers in counties under township organization.
19. In counties not under township organization.

26.

Appropriations.

27. Report of overseers to town auditors.

28. Powers of county board.

1. Erecting and maintaining poor-house and farm.

2. Gifts, bequests, etc., in aid.

3. Rules, etc., for government.

4. Appointment of keeper and servants, etc.
5. Appointment of county physician, etc.
6. Appointment of county agent.

7. Appropriations.

8.

Sale of poor farm.

29. Account by overseers.

80. Account by county agent.

81. Account by keeper of poor-house.

32. Penalty for neglect to report.

33. Poor to be kept at poor-house.

34.

Curative.

35. Township support, how abandoned.

1. Who liable to support.] § 1. Every poor person who shall be unable to earn a livelihood in consequence of any bodily infirmity, idiocy, lunacy or other unavoidable cause, shall be sup

ported by the father, grandfather, mother, grandmother, children, grandchildren, brothers or sisters of such poor person, if they, or either of them, be of sufficient ability: Provided, that when any persons become paupers from intemperance, or other bad conduct, they shall not be entitled to support from any relation except parent or child.(1) [R. S. 1845, p. 402, § 1.

2. Who first called on.] § 2. The children shall first be called on to support their parents, if there be children of sufficient ability; and if there be none of sufficient ability, the parents of such poor person shall be next called on if they be of sufficient ability; and if there be no parents or children of sufficient ability; the brothers and sisters of such poor person shall be next called on if they be of sufficient ability; and if there be no brothers or sisters of sufficient ability, the granchildren of such poor person shall next be called on if they be of sufficient ability; and next the grandparents, if they be of sufficient ability: Provided, married females, while their husbands live, shall not be liable to contribute for the support of their poor relatives, except when they have separate property, or property in their own right, out of which such contributions can be made. [R. S. 1845, p. 402, § 2.

3. Complaint by state's attorney.] §3. Upon any failure of any such relative, or relatives, to support such poor person as provided by this act, it shall be the duty of the state's attorney to make complaint thereof to the county court of his county, against all the relatives of such pauper in this state, liable to his support, and prosecute the same.

4. Complaint by overseer.] § 4. The complaint provided for in the preceding section may also be made by the overseer of the poor of the town or precinct where the poor person may reside, and it shall be the duty of such overseer to make such complaint in all cases where there may not be a county agent or state's attorney, or when the county agent or state's attorney shall refuse or neglect to make the same.

5. Summons.] § 5. At least ten days' notice of such application shall be given to the defendant, by summons, requiring him to appear and answer the complaint.

6. Trial-Judgment.] § 6. The defendants being duly notified, the court shall proceed in a summary way to hear the proofs

(1) A pauper, under our statute, is a person destitute of pecuniary means and unable to earn a livelihood in consequence of any bodily infirmity, idiocy, lunacy or other unavoidable cause. Williams v. Franklin, 39 Ill. R., 22.

Where a man has been supplied at his own request as a pauper for many months, it is good evidence, so far as he is concerned, that he is a pauper. Hunnewell v. Hobart, 40 Maine R., 28. A pauper is defined to be a poor person, particularly one so indigent as to depend upon the parish or town for support. Lee County v. Lackie, 30 Ark. R., 764,