AN ACT to regulate the manner of giving notice in legal proceedings.

In force March 27, 1869.

county,

how

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all notices required to be published by clerk of the circuit In Randolph court, clerk of the county court, sheriff and master in made. chancery, in and for Randolph county, in the course of legal proceedings, shall be published in the paper printed in the English language in said county having the greatest number of bona fide paying subscribers.

Competing publishers

§ 2. The publishers of the papers soliciting said patronage, shall make oath before the clerk of the county court make oath. of said county, in writing, stating the number of actual bona fide and paying yearly subscribers to his or their paper, which oath, if false, shall subject the party making it to indictment and punishment as in other cases of perjury. 3. The clerk or other officer having notices to publish shall be governed by such oath in selecting the paper in which to publish said notices or any of them.

84. The clerks or other officers having notices to be published, who shall publish them contrary to the provisions of this act, shall be liable to the publisher of the paper entitled to publish the notice for the value or price of said publication, which may be recovered before any court or justice of the peace having jurisdiction of the same.

5. This act shall be deemed and taken to be a public act, and shall be in force from and after its passage. APPROVED March 27, 1869.

to

Clerk to be the publisher's

governed by

oath.

Penalty for trary to this act

publication con

LIBRARIES, PUBLIC.

AN ACT in relation to public libraries.

In force March 30, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the property of public or circulating libraries shall be exempt Exempt from from state, county and municipal taxation: Provided, that taxation. this exemption shall not apply to any property which is in any way used, directly or indirectly, as a source of revenue or profit to the owners or stockholders of such library.

Definition.

§ 2. Any library shall be deemed a public library which is kept open for the use of the public, free or by subscription, or by sale of stock-the proceeds of such sales or subscriptions being devoted exclusively to the maintenance of said library.

3. This act shall be deemed a public act, and shall be in force from and after its passage.

APPROVED March 30, 1869.

MACHINES, THRESHING.

In force April AN ACT to require owners of threshing and other machines to guard

1, 1869.

ers of threshing machines.

against accidents.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all Duty of own persons in this state who are or may hereafter own or run any threshing machine, corn sheller, or any other machine. which is connected to a horse power by means of tumbling rods or line of shafting, shall cause each and every length or section of such tumbling rod, (except the one next the horse power), together with the knuckles or joints and jacks thereof, to be safely boxed or secured while running.

Penalty.

2. Any person owning or running any machine, as mentioned in section one of this act, without complying with the requirements of the aforesaid section, shall be held liable to the person damaged for any damage which may be sustained by such person by reason of such neglect, and no action shall be maintained nor shall any legal liability exist for services rendered by or with any such machine, when it shall be inade to appear that the first section of this act has not been complied with.

3. This act shall be in force from and after the first day of April next.

APPROVED March 31, 1869.

MARRIED WOMEN.

AN ACT in relation to the earnings of married women.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a married woman shall be entitled to receive, use and possess her own earnings, and sue for the same in her own name, free from the interference of her husband or his creditors: Provided, this act shall not be construed to give to the wife any right to compensation for any labor performed for her minor children or husband.

APPROVED March 24, 1869.

In force June

19, 1869.

MECHANICS' LIEN.

AN ACT amendatory of the mechanics' lien law of this state.

In force April 5, 1869.

Who entitled to lien-upon

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every sub-contractor, mechanic, workman or other person who shall hereafter, in conformity with the terms of the contract what property. between the owner or lessee of any lot or piece of ground, or his agent, and the original contractor, perform any labor or furnish any materials in building, altering, repairing, beautifying or ornamenting any house or other building, or in any street or alley, and connected with such building, or appurtenance to any house or other building in this state, shall have a lien for the value of such labor and materials upon such house or building and appurtenances, and upon the lot of land upon which the same stands, to the extent of the right, title and interest of such owner or lessee at the time of the making the original contract for such house or the improvements. But the aggregate of all the liens hereby authorized shall not exceed the price stipulated in the original contract between such owner or lessee and the original contractor for such improvements; in no case shall the owner or lessee be compelled to pay a greater sum for or on account of such house, building or other im

Written no

tice-copy of

to be served.

Notice, when

lished.

provement, than the price or sum stipulated in said original contract or agreement.

§ 2. The person performing such labor or furnishing contract, when such materials shall cause a notice, in writing, to be served on such owner or lessee, or his agent, substantially in the following form: "To. You are hereby notified that I am (or have been) employed by as a laborer (or have furnished materials, or am about to furnish materials) on or for your house or building, and that I shall hold the house, building and your interest in the ground liable for my services thereon (or materials furnished)." If there shall be a contract, in writing, between the original contractor and the sub-contractor, a copy of such sub-contract, if the same can be obtained, shall be served with such notice and attached thereto, which notice shall be served within twenty days from the completion of such sub-contract, or within twenty days after payment should have been made to the person performing such labor or furnishing such material. § 3. In all cases where the owner or lessee can not be fied and pub- found in the county in which said improvements shall be made, or shall not reside therein, the person furnishing labor or materials shall file said notice in the office of the clerk of the circuit court, and the clerk of the circuit court shall enter, in a book to be kept for that purpose, alphabetically, the names of the owners or lessees, and opposite thereto the names of the persons claiming liens, for which the clerk shall receive a fee of fifty cents. A copy of said notice shall be published in some newspaper, printed in said county, for four successive weeks after filing such notice with the clerk, as aforesaid. If, however, there shall be no paper published in said county, then the claimant of lien shall post four notices in four of the most public places in the vicinity of said improvement for four weeks. Contractor to 4. The original contractor shall, as often as requested, make statement in writing, by the owner or lessee, or his agent, make out and give to him a statement of the number of persons in his employ, and sub-contractors, giving their names and the rate of wages or terms of contract, and how much, if anything, is due to them, or any of them, which statement shall be made under oath, if required.

Suit-transcript

5. And if the money due to such person shall not be paid within ten days after service of said notice as aforesaid, or within ten days after the money shall become due and payable, then such person may commence suit therefor, in any court having jurisdiction of the amount claimed to be due against the owner or lessee and contractor, jointly; execution to issue thereon as in other cases. If execution, issued on judgment obtained before justice of the peace, shall be returned not satisfied, a transcript of such judgment may be taken to the circuit court and spread

upon the records thereof, and have all the force and effect of judgments obtained in circuit courts, and execution issue thereon as in other cases.

§ 6. Whenever any suit shall be brought by any labo- Attorney fees. rer, the court shall allow, if before a justice of the peace, five dollars; and in courts of record, twenty dollars attorney fees, if judgment shall be given against the defendant, which fees shall be a part of the costs in suit.

contractor fail

87. Should the original contractor, for any cause, fail When original to complete his contract, any person entitled to a lien, as to complete con aforesaid, may file his petition in any court of record against tract. the owner or lessee and contractor, setting forth the nature of his claim, the amount due, as near as may be, and the names of the parties employed on such house or other improvement subject to liens, and notice of such suit shall be served on the persons therein named, and such as shall appear shall have their claims adjudicated, and decree shall be entered against the owner or lessee and original contractor for so much as the work and material shall be shown to be reasonably worth according to the original contract price, first deducting so much as shall have been rightfully paid on said original contract by the owner or lessee, the balance to be divided between such claimants in proportion to their respective interests, to be ascertained by the court; the premises to be sold within thirty days from date of such decree unless the judgment shall be sooner paid.

§ 8. No payments to the original contractor or to his Certain payorder shall be regarded as rightfully made, if made in vio- ments invalid. lation of the rights and interests of the persons intended

to be benefited by this act.

§ 9. The lien hereby created shall continue for three Duration months from the time of the performance of the sub-con- lien. tract, or doing of the work or furnishing materials as aforesaid, except where suit shall be commenced by petition as aforesaid, and in such cases all liens shall be barred by decree entered in said case.

§ 10. The act entitled "An act for the better security Repeal. of mechanics erecting buildings in the state of Illinois," approved February 14th, 1863, be and the same is hereby repealed: Provided, that the passage of this act, and the repeal of any or all former acts, shall not in any way affect pending proceedings or liens heretofore existing, but all such liens and proceedings are hereby saved, and may be enforced as now provided by law.

$11.

11. This act shall take effect and be in force from and after its passage.

APPROVED April 5, 1869.

of