SENATORIAL AND REPRESENTATIVE APPORTIONMENT.

AN ACT to apportion the state of Illinois into senatorial districts. [Approved March 1, 1872. In force July 1, 1872. L. 1871-2, p. 120.

152. DISTRICTS EACH.] 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That until the taking and return of the next federal census, and the apportionment thereunder, as provided in the constitution, this state shall be divided into senatorial districts, each of which shall be entitled to one senator and three representatives, as follows, to-wit:

ONE SENATOR AND THREE REPRESENTATIVES FROM

First-The first, second, tenth and eleventh wards of the city of Chicago, in the county of Cook, shall constitute the first district.

Second-The third, fourth and fifth wards of the city of Chicago, in the county of Cook, and the townships of Hyde Park and Lake, in said county, shall constitute the second district.

Third-The sixth, seventh and eighth wards of the city of Chicago, in the county of Cook, shall constitute the third district.

Fourth-The ninth, twelfth and thirteenth wards of the city of Chicago, in the county of Cook, shall constitute the fourth district.

Fifth-The fourteenth, fifteenth and eighteenth wards of the city of Chicago, in the county of Cook, shall constitute the fifth district.

Sixth-The sixteenth, seventeenth, nineteenth and twentieth wards of the city of Chicago, in the county of Cook, shall constitute the sixth district.

Seventh-The townships of New Trier, Northfield, Wheeling, Palatine, Barrington, Hanover, Schaumberg, Elk Grove, Maine, Niles, Evanston, Lake View, Jefferson, Leyden, [Norwood Park], Proviso, Riverside, Cicero, Lyons, Lemont, Palos, Worth, Calumet, Thornton, Bremen, Orland, Rich and Bloom, in the county of Cook, shallconstitute the seventh district.

Eighth-The counties of McHenry and Lake shall constitute the eighth district. Ninth-The counties of Winnebago and Boone shall constitute the ninth dis

trict.

Tenth-The counties of JoDaviess and Stephenson shall constitute the tenth district. Eleventh-The counties of Carroll and Whiteside shall constitute the eleventh

district.

Twelfth-The counties of Ogle and Lee shall constitute the twelfth district. Thirteenth-The counties of DeKalb, Kendall and Grundy shall constitute the thirteenth district.

Fourteenth-The counties of Kane and DuPage shall constitute the fourteenth

district.

Fifteenth-The county of Will shall constitute the fifteenth district.

Sixteenth-The counties of Kankakee and Iroquois shall constitute the sixteenth district.

Seventeenth-The county of LaSalle shall constitute the seventeenth district. Eighteenth-The counties of Livingston and Ford shall constitute the eighteenth district.

Nineteenth-The counties of Bureau and Stark shall constitute the nineteenth

district.

Twentieth-The counties of Putnam, Marshall and Woodford shall constitute the twentieth district.

Twenty-first-The counties of Rock Island and Henry shall constitute the twenty-first district.

Twenty-second-The counties of Mercer and Kuox shall constitute the twentysecond district.

Twenty-third-The counties of Warren and McDonough shall constitute the twenty-third district.

Twenty-fourth-The counties of Henderson and Hancock shall constitute the twenty-fourth district.

Twenty-fifth-The counties of Fulton and Schuyler shall constitute the twentyfifth district.

Twenty-sixth-The county of Peoria shall constitute the twenty-sixth district. Twenty-seventh-The counties of Tazewell and Logan shall constitute the twenty-seventh district.

Twenty-eighth-The county of McLean shall constitute the twenty-eighth dis

trict.

Twenty-ninth-The counties of DeWitt and Macon shall constitute the twentyninth district.

Thirtieth-The counties of Piatt and Champaign shall constitue the thirtieth

district.

Thirty-first-The counties of Vermilion and Edgar shall constitute the thirtyfirst district.

Thirty-second-The counties of Douglas, Coles and Moultrie shall constitute the thirty-second district.

Thirty-third The counties of Shelby, Cumberland and Effingham shall constitute the thirty-third district.

Thirty-fourth-The counties of Christian and Montgomery shall constitute the

thirty-fourth district.

Thirty-fifth-The county of Sangamon shall constitute the thirty-fifth district. Thirty sixth-The counties of Mason, Brown, Cass and Menard shall constitute the thirty sixth district.

Thirty-seventh-The county of Adams shall constitute the thirty-seventh dis

trict.

Thirty-eighth-The counties of Scott, Pike and Calhoun shall constitute the thirty-eighth district.

Thirty-ninth-The counties of Greene and Morgan shall constitute the thirtyninth district.

Fortieth-The counties of Macoupin and Jersey shall constitute the fortieth

district.

Forty-first-The county of Madison shall constitute the forty-first district.

Forty-second-The counties of Bond, Clinton and Washington shall constitute the forty-second district.

Forty-third--The counties of Fayette and Marion shall constitute the fortythird district.

Forty-fourth-The counties of Clay, Wayne, Richland, Edwards and Wabash shall constitute the forty-fourth district.

Forty fifth-The counties of Clark, Crawford, Lawrence and Jasper shall constitute the forty-fifth district.

Forty-sixth-The counties of Jefferson, Hamilton and White shall constitute the forty-sixth district.

Forty-seventh-The counties of Franklin, Williamson, Saline and Gallatin shall constitute the forty-seventh district.

Forty-eighth-The counties of Monroe, Randolph and Perry shall constitute the forty-eighth district.

Forty-ninth-The county of St. Clair shall constitute the forty-ninth district. Fiftieth-The counties of Jackson, Union and Alexander shall constitute the fiftieth district.

Fifty-first-The counties of Pulaski, Massac, Johnson, Pope and Hardin shall constitute the fifty-first district.

SECTION

CHAPTER 47.

EMINENT DOMAIN.

[For former laws, see R. S. 1845. p. 477; L. 1852, p. 146; L. 1853, p. 201; L. 1869, p. 873.

SECTION

9. View of premises-verdict. 10. Judgment-payment.

11. Cross petition.

12. Appeal.

13.

Right to use land on giving bond in case of appeal.

14. Payment-to whom it may be made.

15. Judgment to be entered of record.

16. Repeal

17. Lands of state institutions not to be taken.

AN ACT to provide for the exercise of the right of eminent domain. [Approved April 10, 1872. In force July 1,

1872. L. 1871-2, p. 402.]

1. COMPENSATION-JURY.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That private property shall not be taken or damaged for public use without just compensation; and that in all cases in which compensation is not made by the state in its corporate capacity, such compensation shall be ascertained by a jury, as hereinafter prescribed. [See Const., art. 2, § 13, p. 60; art. 11, § 14, p. 79.

2. PROCEEDINGS-PARTIES.] § 2. That in all cases where the right to take private property for public use, without the owner's consent, or the right to construct or maintain any public road, railroad, plankroad, turnpike road, canal or other public work or improvement, or which may damage property not actually taken, has been heretofore or shall hereafter be conferred by general law or special charter upon any corporate or municipal authority, public body, officer or agent, person, commissioner or corporation, and the compensation to be paid for or in respect of the property sought to be appropriated or damaged for the pur poses above mentioned cannot be agreed upon by the parties interested, or in case the owner of the property is incapable of consenting, or his name or resi dence is unknown, or he is a non resident of the state, it shall be lawful for the party authorized to take or damage the property so required, or to construct, operate and maintain any public road, railroad, plank road, turnpike road, canal or other public work or improvement, to apply to the judge of the circuit or county court, either in vacation or term time, where the said property or any part thereof is situate, by filing with the clerk a petition, setting forth, by reference, his or their authority in the premises, the purpose for which said property is sought to be taken or damaged, a description of the property, the names of all persons interested therein as owners or otherwise, as appearing of record, if known, or if not known stating that fact, and praying such judge to cause the compensation to be paid to the owner to be assessed. If the proceedings seek to affect the property of persons under guardianship, the guardians, or conservators of persons having conservators, shall be made parties defendant, and if of married women their husbands shall also be made parties. Persons interested, whose names are unknown, may be made parties defendant by the description of the unknown owners; but in all such cases an affidavit shall be filed by or on behalf of the pe titioner, setting forth that the names of such persons are unknown. In cases

where the property is sought to be taken or damaged by the state for the purpose of establishing, operating or maintaining any state house or state charitable or other state institutions or improvements, the petition shall be signed by the gov ernor or such other person as he shall direct, or as shall be provided by law.

3. PETITION IN VACATION.] § 3. If such petition be presented to a judge in vacation, the judge shall note thereon the day of presentation, and shall also note thereon the day when he will hear the same, and shall order the issuance of summons to each resident defendant, and the publication of notice as to each nonresident defendant, and the clerk of the court shall at once issue the summons and give the notices accordingly.

4. SERVICE-NOTICE.] §4. Service of such summons and publication of such notice shall be made as in cases in chancery.

5. HEARING.] § 5. Causes may be heard by such judges in vacation as well as in term time, but no cause shall be heard earlier than ten days after service upon defendant, or upon due publication against non-residents.

SEVERAL TRACTS.] Any number of separate parcels of property, situate in the same county, may be included in one petition, and the compensation for each shall be assessed separately, by the same or different juries, as the court or judge may direct.

AMENDMENTS.] Amendments to the petition, or to any paper or record in the cause, may be permitted whenever necessary to a fair trial and final determination of the questions involved.

NEW PARTIES-PRACTICE.] Should it become necessary at any stage of the proceedings to bring a new party before the court or judge, the court or judge shall have the power to make such rule or order in relation thereto as may be deemed reasonable and proper; and shall also have power to make all necessary rules and orders for notice to parties of the pendency of the proceeding, and to issue all process necessary to the execution of orders and judgments as they may be entered.

6. JURY IN VACATION.] 6. In cases fixed for hearing of petition in vacation, it shall be the duty of the clerk of the court in whose office the petition is filed, at the time of issuing summons or making publication, to write the names of each of sixty-four disinterested freeholders of the county on sixty-four slips of paper, and, in presence of two disinterested freeholders, cause to be selected from said sixty-four names twelve of said persons to serve as jurors-such selection to be made by lot and without choice or discrimination; and the said clerk shall thereupon issue venire, directed to the sheriff of his county, commanding him to summon the twelve persons so selected as jurors to appear at the court house in said county, at a time to be named in the venire.

7. IMPANELING JURY.] $7. The petitioner, and every party interested in the ascertaining of compensation, shall have the same right of challenge of jurors as in other civil cases in the circuit courts. If the panel be not full by reason of non-attendance, or be exhausted by challenges, the judge hearing such petition shall designate by name the necessary number of persons, of proper qualification, and the clerk or justice shall issue another venire, returnable instanter, and until the jury be full.

OATH OF JURY.] § 8. When the jury shall have been so selected, the court shall cause the following oath to be administered to said jury :

You and each of you do solemnly swear that you will well and truly ascertain and report just compensation to the owner (and each owner) of the property which it is sought to take or damage in this case, and to each person therein interested, according to the facts in the case, as the same may be made to appear by the evidence, and that you will truly report such compensation so ascertained: so help you God.

9. VIEW OF PREMISES VERDICT.] § 9. Said jury shall, at the request of either party, go upon the land sought to be taken or damaged, in person, and examine the same, and after hearing the proof offered make their report in writing, and the same shall be subject to amendment by the jury, under the direction of the court or the judge, as the case may be, so as to clearly set forth and show the compensation ascertained to each person thereto entitled, and the said verdict Shall thereupon be recorded: Provided, that no benefits or advantages which may

accrue to lands or property affected shall be set off against or deducted from such compensation, in any case.

10. JUDGMENT-PAYMENT.] $ 10. The judge or court shall, upon such report, proceed to adjudge and make such order as to right and justice shall pertain, ordering that petitioner enter upon such property and the use of the same, upon payment of full compensation, as ascertained as aforesaid; and such order, with evidence of such payment, shall constitute complete justification of the taking of such property.

11. CROSS PETITION.] § 11. Any person not made a party may become such by filing his cross petition, setting forth that he is the owner or has an interest in property, and which will be taken or damaged by the proposed work; and the rights of such last named petitioner shall thereupon be fully considered and determined.

12. APPEAL.] § 12. In all cases, in either the circuit or county court, or before a circuit or county judge, an appeal shall lie to the supreme court.

13. BOND-USE OF PREMISES.] § 13. In cases in which compensation shall be ascertained as aforesaid, if the party in whose favor the same is ascertained shall appeal such proceeding, the petitioner shall, notwithstanding, have the right to enter upon the use of the property upon entering into bond, with sufficient surety, payable to the party interested in such compensation, conditioned for the payment of such compensation as may be finally adjudged in the case, and in case of appeal by petitioner, petitioner shall enter into like bond with approved surety. Said bonds shall be approved by the judge before whom such proceeding shall be had, and executed and filed within such time as shall be fixed by said judge.

14. PAYMENT TO COUNTY TREASURER, ETC.] § 14. Payment of compensation adjudged may, in all cases, be made to the county treasurer, who shall, on demand, pay the same to the party thereto entitled, taking receipt therefor, or payment may be made to the party entitled, his, her or their conservator or guardian.

15. JUDGMENT ENTERED.] § 15. The court or judge shall cause the verdict of the jury and the judgment of the court to be entered upon the records of said

court.

16. REPEAL.] § 16. All laws and parts of laws in conflict with the provisions of this act are hereby repealed: Provided, that this act shall not be construed to repeal any law or part of law upon the same subject passed by this general assembly; but in all such cases this act shall be construed as providing a cumulative remedy.

AN ACT for the further protection of the state institutions. [Approved and in force March 9, 1867. L. 1867, p. 165.]

17. LANDS OF STATE INSTITUTIONS NOT TAKEN.] § 1. No part of any land heretofore or hereafter conveyed to the state of Illinois, for the use of any benevolent institutions of the state (or to any such institutions), shall be entered upon, appropriated or used by any railroad or other company for railroad or other purposes, without the previous consent of the general assembly; and no court or other tribunal shall have or entertain jurisdiction of any proceeding instituted or to be instituted for the purpose of appropriating any such land for any of the purposes aforesaid, without such previous consent.