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the provisions of this act, until the same shall have been made safe and the requirements of this act shall have been complied with; and the court shall award such costs in the matter of the said injunction as may be just; but any such proceedings, so commenced, shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this act.

14. REMEDIES IN FAVOR OF WIDOW, ETC.] § 14. For any injury to person or property occasioned by any willful violations of this act, or willful failure to comply with any of its provisions, a right of action shall accrue to the party injured for any direct damages sustained thereby; and in case of loss of life by reason of such willful violation or willful failure, as aforesaid, a right of action shall accrue to the widow of the person so killed, or his lineal heirs or adopted children, or to any other person or persons who were, before such loss of life, dependent for sup port on the person or persons so killed, for a like recovery of damages for the injuries sustained by reason of such loss of life or lives. [See "Injuries," ch. 70, §1. 15. PENALTY FOR INJURY TO MACHINERY, ETC., CARELESSNESS, DISOBEDIENCE, ETC.] § 15. Any miner, workman or other person who shall knowingly injure any water-gauge, barometer, air-course or brattice, or shall obstruct or throw open any air-ways, or carry lighted lamps or matches into places that are worked by the light of safety-lamps, or shall handle or disturb any part of the machinery of the hoisting engine, or open a door in the mine and not have the same closed again, whereby danger is produced either to the mine or those at work therein; or who shall enter into any part of the mine against caution; or who shall disobey any order given in pursuance of this act; or who shall do any willful act whereby the lives and health of persons working in the mine, or the security of the mine or mines, or the machinery thereof, is endangered, shall be deemed guilty of a misdemeanor, and, upon conviction, shall be punished by fine or imprisonment, at the discretion of the court.

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AN ACT to revise the law in relation to mines. [Approved March 21, 1874. In force July 1, 1874.]

1. MAKING DRAINS, ROADS OR RAILROADS-EMINENT DOMAIN.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any mine or mining place shall be so situated that it cannot be conveniently worked without a road or railroad thereto, or ditch to drain the same or to convey water thereto, and such road, railroad or ditch shall necessarily pass over, through or under other land owned or occupied by others, the owner or operator of any such mine or mining place may enter upon such lands, and construct such road, railroad or ditch, upon complying with the law in relation to the exercise of the right of eminent domain. [See "Eminent Domain," ch. 47.

PUBLIC AND PRIVATE WAYS-HORSE AND DUMMY RAILROAD.] And the commissioners of highways of any county under township organization, and the county board in counties not under township organization, may, when the public good requires, cause to be laid out and opened public highways, or private roads or cartways, from any coal mine to a public highway or to a rail. way, as the public good may require, in the same way as now is or may hereaf ter be provided by law for the laying out and opening of public highways or pri vate roads or cartways, and may permit the owner, lessee or operator of any coal mine to lay down and operate a horse or dummy railway thereon, or upon any highway or private road or cartway now or hereafter laid out and opened for public or public and private use, but always in such a manner and way, and upon such place thereon, as to not unnecessarily interfere with ordinary public. travel. [See "Roads and Bridges," ch. 121. 2d L. 1867, p. 39, § 1, 7.

2. TRESPASS-SURVEYOR APPOINTED.] § 2. If the owner of any land adjacent to any lands worked as lead, coal, iron or other mine, shall make complaint, in writing, verified by affidavit, to the judge of any court of record in the county where the land is situated, that he has reasonable grounds to believe, and does believe, that the owner or operator of such mine is trespassing upon his lands by mining thereon, it shall be the duty of the judge to appoint some county surveyor or other competent and suitable person to descend into such mine, and make such examinations and surveys as may be necessary to ascertain whether the same is being worked upon the land of the person making the complaint. [L. 1859, p. 126, § 1.

3. POWERS OF SURVEYOR-PENALTIES.] § 3. The person so appointed shall have the right, at all reasonable times, to descend into such mine and make such examinations and surveys; and whoever shall willfully obstruct or hinder such person from entering into any such mine, or any gallery or place therein, or from

making any such examination or survey, shall, for each offense, be fined not exceeding $200, to be recovered before any justice of the peace of the county. Any person accepting any such appointment, and failing or refusing to make such survey upon the request of the petitioner, may be proceeded against as for a contempt of court, or he may be fined not exceeding $500. [L. 1859, p. 126, § 2. 4. EXPENSES.] § 4. The expense of such examination and survey shall be paid by the person making the complaint, but if such person shall recover damages against the owner or operator of such mine for working the same upon his land, he shall have the right to have such expenses added to the damages. [L. 1859, p. 126, § 3.

5. PENALTY FOR TRESPASS.] § 5. Whoever shall willfully trespass upon the land of another by mining thereon, shall, in addition to the damages now authorized by law, be liable to a penalty not to exceed $500, which may be recovered in an action of debt by the owner thereof, in any court of competent jurisdiction.

6. CONVEYANCE OF MINING RIGHT.] § 6. Any mining right, or the right to dig for or obtain iron, lead, copper, coal, or other mineral from land, may be con veyed by deed or lease, which may be acknowledged and recorded in the same manner and with like effect as deeds and leases of real estate. [L. 1861, p. 146, § 2.

7. EFFECT OF CONVEYANCE.] § 7. When the owner of any land shall convey, by deed or lease, any mining right therein, such conveyance shall be considered as so separating such right from the land that the same shall be taxable separately, and any sale of the land for any tax or assessment shall not include or affect such mining right. [L. 1861, p. 146, § 1.

8. RECORD OF PURCHASES OF LEAD MINERAL TO BE KEPT.] § 8. Every person purchasing lead mineral shall keep a book, in which he shall keep an account of all lead mineral purchased by him, stating clearly the amount, from whom and time when purchased, and the place where it was dug; and for the purpose of ascertaining such facts, he shall make diligent inquiry of the person offering such mineral for sale, and if satisfactory answers are not given, it shall not be lawful for him to buy the same. [L. 1861, p. 140, § 1; p. 141, § 4.

9. BOOK OPEN FOR INSPECTION.] § 9. Such purchaser shall keep such book at his usual place of business, open at all reasonable times for the inspection of miners, owners of mineral lands, and smelters of lead ore. [L. 1861, p. 140, § 1.

10. WHEN PURCHASER NO PLACE OF BUSINESS.] § 10. When any such purchaser has not a usual place of business, he shall, within twenty-four hours from the time of making any such purchase, make return to the nearest smelter of lead ore to the place of procuring the same, stating the amount thereof, when, of whom and where purchased, and from what place the same was dug or taken; and such smelter shall minute the same in his book, to be kept pursuant to this act. [L. 1861, p. 141, § 2.

11. PURCHASE FROM CHILD UNDER 12 FORBIDDEN.] § 11. No person shall be allowed to purchase lead mineral from any child under twelve years of age. [L. 1861, p. 141, § 3.

12. PENALTIES.] § 12. Any person who shall purchase lead mineral without keeping the book or making the entries or returns as herein provided, or shall refuse to allow their inspection as herein provided, shall forfeit for each offense the sum of $25; and whoever violates any of the other provisions of the four preceding sections, shall forfeit for the first offense the sum of $5 and costs, and for every subsequent offense $10 and costs-one half to the informer, and the other half to the school fund of the school district where the suit is brought. Said penalties shall be recoverable by action of debt before any justice of the peace of the county where the offense is committed. [L. 1861, p. 141, § 5.

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AN ACT to revise the law in relation to mortgages of real and personal property. [Approved March 26, 1874.

force July 1, 1874.]

CHATTEL MORTGAGES.

1. WHAT NECESSARY TO VALIDITY-DEFINITION.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no mortgage, trust deed or other conveyance of personal property having the effect of a mortgage or lien upon such property, shall be valid as against the rights and in terests of any third person, unless possession thereof shall be delivered to and remain with the grantee, or the instrument shall provide for the possession of the property to remain with the grantor, and the instrument is acknowledged and recorded as hereinafter directed; and every such instrument shall, for the purposes of this act, be deemed a chattel mortgage. [R. S. 1845, p. 91, § 1; p. 92, § 7.

2. ACKNOWLEDGMENT-FORM.] § 2. Such instrument may be acknowledged before a justice of the peace of the town or district where the mortgagor resides; or if the mortgagor is not a resident of this state at the time of making the ac knowledgment, then before any officer authorized by law to take acknowledgments of deeds. The certificate of acknowledgment may be in the following form:

18..

This (name of instrument) was acknowledged before me by (name of grantor;) (when the acknowledgment is by a resident, insert the words: "and entered by me") this day of Witness my hand and (Seal.)

seal.

[R. S. 1845, p. 91, § 2.

3. ACKNOWLEDGMENT DOCKETED.]

(name of officer.)

3. If the acknowledgment is of a res

ident of this state, the justice of the peace shall enter in his docket a memorandum thereof, substantially as follows:

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4.

RECORD-EFFECT OF.] § 4. Such mortgage, trust deed or other conveyance of personal property acknowledged as provided in this act, shall be admit ted to record by the recorder of the county in which the mortgagor shall reside at the time when the instrument is executed and recorded; or in case the mortgagor is not a resident of this state, then in the county where the property is situated and kept; and shall thereupon, if bona fide, be good and valid from the time it is filed for record until the maturity of the entire debt or obligation: Provided, such time shall not exceed two years. [R. S. 1845, p. 92, § 3.

5. COPIES EVIDENCE.] § 5. A copy of any such instrument made, acknowledged and recorded as aforesaid, certified by the proper recorder from the record thereof, may be read in evidence in like cases, and upon the same conditions as copies of deeds and conveyances of land, so certified. [See "Conveyances," ch. 30, § 35, 36. R. S. 1845, p. 92, § 4; L. 1869, p. 359, § 1.

6. SALE WITHOUT NOTICE TO PURCHASER.] § 6. Any person having so conveyed any personal property who shall, during the existence of the title or lien created by such instrument, sell the same or any part thereof to another person for a valuable consideration, without informing him of the existence of such conveyance, shall forfeit and pay to the purchaser twice the value of the property so sold, which sum may be recovered by such purchaser, in an action of debt, in any court of competent jurisdiction, or before a justice of the peace, if within his jurisdiction. [R. S. 1845, p. 92, § 6.

7. SALE, ETC., WITHOUT CONSENT OF MORTGAGEE.] § 7. Any person hav ing so conveyed any personal property who shall, during the existence of such title or lien, sell, transfer, conceal, take, drive or carry away, or in any manner dispose of such property or any part thereof, or cause or suffer the same to be done without the written consent of the holder of such incumbrance, shall be guilty of a misdemeanor, and on conviction may be fined in a sum not exceeding twice the value of the property so sold or disposed of, or confined in the county jail not exceeding one year, or both, at the discretion of the court. [L. 1861, p. 174, § 1.

RELEASE OF MORTGAGES OF REAL OR PERSONAL PROPERTY.

8. RELEASE ON MARGIN OF RECORD.] § 8. Every mortgagee of real or personal property, his assignee of record or other legal representative, having re ceived full satisfaction and payment of all such sum or sums of money as are really due to him from the mortgagor, shall, at the request of the mortgagor, his heirs, legal representatives or assigns, enter satisfaction upon the margin of the record of such mortgage in the recorder's office, which shall forever thereafter discharge and release the same, and shall bar all actions or suits brought or to be brought thereupon. All releases of mortgages and deeds of trust which have heretofore been made in accordance with the provisions of this section shall be held legal and valid and have the same force and effect as if made under the provisions of this act. [R. S. 1845, p. 110, § 37.

9. RELEASE BY DEED.] § 9. A mortgage or trust deed of real or personal property may be released by an instrument in writing executed by the mort gagee, trustee or his executor, administrator, heirs or assignee of record, and such instrument may be acknowledged or proved in the same manner as deeds for the conveyance of land. [R. S. 1845, p. 110, § 37.

10. FAILURE TO RELEASE-PENALTY.] § 10. If any mortgagee or trustee, in a deed in the nature of a mortgage, of real or personal property, or his execu tor or administrator, heirs or assigns, knowing the same to be paid, shall not, within one month after the payment of the debt secured by such mortgage or trust deed, and request and tender of his reasonable charges, release the same, he shall, for every such offense, forfeit and pay to the party aggrieved the sum of $50, to be recovered in an action of debt before a justice of the peace. [R. S. 1845, p. 110, § 38.

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