1869

PRINCIPAL AND SURETY-PRINTING PAPER, ETO.

305

PRINCIPAL AND SURETY.

AN ACT in relation to principal and surety.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever the principal maker of a joint note shall depart this life, it shall be the duty of the payee or assignee thereof to present the same against the estate of decedent, for allowance, to the proper court, within two years after the granting of letters testamentary or of administration on his or her estate; and if said payee or assignee shall fail or neglect so to do, the surety or sureties on such note shall be released from the payment thereof: Provided, that this act shall not be so construed as to release any surety or sureties from the payment of the whole or any part of such debt that may remain unpaid after the estate of the decedent is fully administered, nor to prevent the holder of such notes from proceeding against the surety or sureties at any time before the expiration of two years after the granting of letters testamentary or administration upon said estate.

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

APPROVED March 4, 1869.

In force March 4, 1869.

PRINTING PAPER, ETC.

AN ACT in relation to contracts for printing paper and stationery for the In force March

use of the state.

20, 1869.

for proposals.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be the duty of the secretary of state, three months before Advertisements the meeting of each and every general assembly, to cause an advertisement, inviting proposals to furnish printing paper and stationery for the use of the state, to be published three weeks in the newspapers printed in the city of Springfield, and in some daily newspaper printed in each

Opening proposals.

of the following cities, to-wit: Chicago, St. Louis, Cleve-
land, Cincinnati, New York, Philadelphia and Boston; the
last insertion of such advertisement to be at least one
month previous to the time appointed for receiving such
proposals. Said advertisements shall specify the quantity,
size and quality of the paper which will be required for the
public printing, and the articles of stationery necessary for
the use of the state, designating the amount of each par-
ticular article required, the time and place of delivering the
same, and the time when and the place where sealed pro-
posals shall be received for furnishing the same.

of 2. At the time designated in said advertisement for
opening such proposals, the secretary of state shall proceed
to open the same in the presence of the governor, auditor
and treasurer, or any two of them, and such other persons
as may desire to witness the same, which said officers, or
any three of them, shall then and there award the contract
to the lowest responsible bidder or bidders. Each
Each person
or firm who shall present a bid to the secretary of state,
shall inclose in the same envelope with said bid a good and
sufficient bond, approved by the governor, in the penalty
of twenty thousand dollars, conditioned that he or they will
faithfully furnish and deliver the said paper and stationery,
in kind, quality and quantity at the times, places and upon
the terms mentioned in said advertisement, which said
bond shall be filed in the office of the secretary of state.

Inspection of paper.

3. The auditor and secretary of state shall cause all paper and stationery delivered under such contracts to be duly inspected upon its delivery, and shall reject all that is not equal to the sample or samples upon which said contracts were awarded, in kind, quality and weight. Upon the delivery of such paper or stationery in pursuance of and according to the contract, the accounts or bills of such contractor or contractors shall be certified by the secretary of state and approved by the governor, and thereupon the auditor shall draw his warrant upon the treasurer for the amount of money to which he shall be entitled therefor. Quantity re- 84. The quantity of paper to be furnished shall be ascertained by adding one-fourth to the quantity used by the public printer for the printing of the preceding session, and deducting from the whole amount the surplus paper remaining on hand at the time the contract is made.

quired.

Public printer to receipt, etc.

§ 5. The secretary of state is hereby required to take a receipt from the public printer for all paper drawn by him from the state on account of the public printing; and im mediately after the printing for any general assembly has been completed, and before his accounts for the same shall be settled, the quality [?] of the paper used by the public printer in executing such printing shall be ascertained, and he shall return any surplus paper which he may have re

ceived from the secretary of state, who shall store the same for the future use of the state: Provided, that said printer shall hereafter be allowed five per cent. of said paper for necessary wastage in performing the printing aforesaid, and no more.

8 6. All laws or parts of laws in conflict with this act are hereby repealed, and this act shall take effect and be in force froin and after its passage.

APPROVED March 30, 1869.

PRIZE FIGHTING.

AN ACT to prevent prize fighting and sparring or boxing exhibitions.

In force March 31, 1869.

Penalty for

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That any person who shall send or cause to be sent, published or otherwise made known, any challenge to fight what is prize fighting. commonly known as a prize fight, or shall accept such challenge, or who shall engage in such prize fight, or go into training preparatory to such fight, or act as trainer for any person contemplating a participation in such fight, and any person acting as aider or abetter, backer, umpire, trainer, second, surgeon, assistant, or reporter at such fight, or in preparation for such fight, shall, upon conviction thereof, be confined in the penitentiary not less than one year nor more than ten years.

with.

§ 2. Any person who shall be in any way connected For connection with any sparring or boxing exhibition shall, upon conviction thereof, be fined not less than one hundred dollars nor more than one thousand dollars, and confined in the county jail not less than thirty days nor more than one year.

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

APPROVED March 31, 1869.

RAILROADS.

In force Feb. 27, 1869.

motive.

AN ACT to amend the railroad law.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That secBell on loco tion thirty-eight of an act entitled "An act to provide for a general system of railroad corporations," approved November 5th, 1849, and any similar provision in any special railroad charter heretofore passed, be and the same is hereby amended so as to read as follows, viz: A bell of at least thirty pounds weight, or a steam whistle, shall be placed on each locomotive engine, which shall be rung or whistled by the engineer or fireman at the distance of at least eighty rods from the place where the railroad crosses any public street or highway, and be kept ringing or whistling until such street or highway is reached, under a penalty of not exceeding one hundred dollars for each neglect, one half of which penalty to go to the prosecuting witness, and the other half to go to the state; and the corporation owning the railroad shall be liable to any party injured for all damages sustained by reason of such neglect: Provided, that such penalty shall be sued for within three months from the time the cause of action accrues, and not thereaf

Penalty.

ter.

§ 2. This act shall not apply to suits now pending under the section hereby amended, except that the penalty recoverable in such suits shall be not exceeding one hundred dollars, instead of fifty as therein provided.

3. This act shall be in force from and after its passage.

APPROVED February 27, 1869.

In force March AN ACT to amend an act entitled "An act to provide for a general system 22, 1869. of railroad incorporations," approved November 5, A. D. 1849.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be lawful for any railroad company, organized and doing business, or which shall hereafter be organized under any law or laws of this state, by resolution of its board of directors or executive committee, to divide its board of di

rectors into three classes, numbered consecutively; the
term of office of the first class to expire on the day of the
annual election of said company then next ensuing, the
second class one year thereafter, and the third class two
years thereafter.
At each annual election after such classi-
fication, the stockholders of such company shall elect, for a
term of three years, a number of directors equal to the
number in the class whose term expires on the day of such
election. All other vacancies to be filled in accordance
with the by-laws of said company.

§ 2. This act shall be a public act, and take effect and
be in force from and after its
passage.

APPROVED March 22, 1869.

AN ACT concerning railroad rates for the conveyance of passengers and In force March freight in the state of Illinois.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all railroad corporations, organized or doing business in this state, under any act of incorporation or general law of this state, now in force, or which may hereafter be enacted, shall be and are hereby respectively limited to a just, reasonable and uniform rate, fare, toll and compensation for the conveyance or transportation of passengers and freight, and no more. And all such rules, regulations or by-laws of any such railroad corporation as fix, prescribe or establish any greater or different rate, fare, toll or compensation than is herein before prescribed, are hereby declared to be utterly null and void.

10, 1869.

Railroads limable rates.

ited to reasona

poration defined

82. The term "railroad corporation," contained in this Railroad coract, shall be deemed and taken to mean all corporations, companies or individuals now owning or operating, or which may hereafter own or operate any railroad in this state.

posted-penalty

3. It is hereby declared to be the duty of every such Printed tariff railroad corporation, on or before the twenty-fifth day of of rates to be April next, to fix and publish, by posting and keeping up for failure. in some public place in each station house and place where the business of such corporation shall be transacted, a printed tariff of such rates charged for the transportation of passengers and freight from and to every station on its road in this state, so that such rates may be easily ascertained, together with the name and residence of the officer or officers, agent or employee of such railroad corporation by whom and by whose authority the rates therein specified were fixed and established, and the name and residence