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GARNISHMENT.

ADMINISTRATORS AND EXECUTORS AS GUARNISHEES.

1. Amends section 1, Act of 1872.

1. As amended, adds paragraphs providing administrators and executors may be garnished-no assignment by an heir, etc., of his share shall defeat the garnishment unless reduced to writing and filed before the service of process of garnishment.

(HOUSE BILL No. 737. APPROVED JUNE 25, 1915.)

AN ACT to amend an Act entitled, "An Act in regard to garnishment," approved March 9, 1872, in force July 1, 1872, as subsequently amended by amending section one (1) thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act entitled, "An Act in regard to garnishment," approved March 9, 1872, in force July 1, 1872, as subsequently amended be and the same is hereby amended by amending section one (1) thereof so that the said section when amended shall read as follows:

§ 1. That whenever a judgment shall be rendered by any court of record, or any justice of the peace in this State, and an execution against the defendant in such judgment shall be returned by the proper officer "no property found," on the affidavit, of the plaintiff, or other credible person, being filed with the clerk of such court or justice of the peace; that said defendant has no property within the knowledge of such affiant, in his possession, liable to execution, and that such affiant hath just reason to believe that any other person is indebted to such defendant, or hath any effects or estate of such defendant in his possession, custody or charge, it shall be lawful for such clerk or justice of the peace to issue a summons against the person supposed to be indebted to, or supposed to have any of the effects or estate of the said defendant, commanding him to appear before said. court or justice, as a garnishee; and said court or justice of the peace shall examine and proceed against such garnishee or garnishees, in the manner as is required by law against garnishees in original attachments.

It shall be lawful to summon administrators and executors as garnishees, and they may be garnished with respect to any moneys, goods, chattels, lands, tenements or other estates belonging to any devisee or legatee under any will, or belonging to any heir or distributee of any estate; but no final judgment shall be rendered against such administrator or executor until after an order of distribution has been made by the county court of which his letters testamentary or of administration issued.

No assignment, transfer or other disposition by an heir, legatee or devisee, of his distributive share, legacy or devise in the hands of any administrator or executor shall operate to defeat the garnishment of the same unless the said assignment, transfer or other disposition is reduced to writing and filed in the office of the county court out of which such letters testamentary or of administration were issued before

the service of process of garnishment upon such administrator or executor.

APPROVED June 25th, 1915.

GENERAL ASSEMBLY.

COMPENSATION OF MEMBERS.

§ la. Repeal.

§ 1. Amends section 1, Act of 1908, as amended in 1909.

§ 1. As amended, fixes salary of mem-
bers of the General Assembly.

(HOUSE BILL No. 386. APPROVED JULY 3, 1915.)

AN ACT to amend section 1 of an Act to provide for and fix the compensation of the members of the General Assembly of the State of Illinois, approved December 6, 1907, in force July 1, 1908, as said section 1 was amended by Act approved and in force February 8, 1909, and to add a section known as "la".

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 1 of "An Act to provide for the compensation of the members of the General Assembly in the State of Illinois, approved December 6, 1907, in force July 1, 1908," as said section was amended by Act approved and in force February 8, 1909, be, and the same hereby is amended so as to read as follows:

§ 1. That the members of the General Assembly elected in the year 1916 and hereafter elected, shall receive for the period for which members of the House of Representatives of the General Assembly are elected, the sum of three thousand five hundred ($3,500.00) dollars, payable during the first regular session of the General Assembly, held after the general election for members of the House of Representatives and ten cents per mile for each mile necessarily traveled in going to and returning from the seat of government at each session, to be computed by the Auditor of Public Accounts, and also fifty ($50.00) dollars per session for each member which shall be in full for stationery, newspapers, postage and all other incidental expenses.

§ 1a. All parts of Acts in conflict herewith are hereby repealed. APPROVED July 3d, 1915.

HOUSE OF CORRECTION.

PENSION FUND-EMPLOYEES, ACT OF 1911 REVISED.

1. How House of Correction employees fund may be created.

2. Term employee includes whom-withdrawal -dismissal or resignation-who may become contributor.

§ 3. City treasurer custodian-bond.

§ 4. Board of trustees of pension fund-election -body politic to administer fund.

5. Board of trustees two ex officio and three elective members-terms.

§ 6. When elective member ceases to be in employ of board-vacancies how filled-powers and duties-retirement of contributor.

8. To whom annuity paid.

§ 9. Retirement from service after 20 yearsnotice etc.

§ 10. Contributor for 3 years-retirement on account of disability.

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(SENATE BILL No. 195. APProved June 29, 1915.)

AN ACT, to amend an Act, entitled, “An Act to provide for the setting apart, formation and disbursement of a House of Correction Employees' Pension Fund in cities having a population exceeding 150,000 inhabitants," approved and in force July 1st, 1911.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act, entitled, "An Act to provide for the formation and disbursement of a House of Correction Employees' Fund, in cities having a population exceeding 150,000 inhabitants," approved June 10, 1911, and in force July 1, 1911, be amended as follows:

[§ 1.] That the board of inspectors of the various houses of correction, organized under an Act of General Assembly of the State of Illinois, entitled, "An Act to establish houses of correction and authorized the confinement of convicted persons therein," approved April 25th, 1871, and maintained thereunder in cities having a population exceeding 150,000 inhabitants, shall have power, and it shall be its duty to create a House of Correction Employees' Pension Fund, which shall consist of two (2) per cent of the salary or wages of the employees, deducted in equal monthly installments from such salaries or wages at the regular time or times of the payment thereof, and three (3) per cent of the gross earnings of the house of correction and three (3) per cent of the fines and costs collected for violation of city ordinances where the persons convicted of such violations have been incarcerated in the house of correction for the non-payment of such fines and costs both of which last two mentioned payments shall be for a period of three years, beginning with the year 1915.

§ 2. The term "employee" under this Act, shall include all persons in the employ of any such house of correction under and by virtue of an Act entitled, "An Act to regulate civil service of cities," approved and in force March 20th, 1895, and for those who were appointed prior to the passage of such Act and who were in the service of such house of correction July 1st, 1911: Provided, however, that the provisions of this Act shall not apply to temporary or probationary employees, nor to those defined as "sixty-day employees" nor to any employee

who is fifty or more years of age at the time this Act is in force and
effect and who at said time has not been in the service of such house of
correction for at least ten (10) years: And, provided, further, that this
Act shall apply only to those employees who voluntarily accept and
agree to comply with its provisions. Any employee on sick leave or
leave of absence from such house of correction who has contributed
to said pension fund, will be considered a member of said pension
fund, and will be entitled to all benefits and annuities under this Act,
while he or she remains on said sick leave or leave of absence from
said house of correction: Provided the said employee does not take
employment other than at such house of correction while on sick leave
or leave of absence from such house of correction, and if said employee
goes to work at employment other than at such house of correction
while on said sick leave or leave of absence, from such house of cor-
rection, he or she will not be considered an employee of such house of
correction, and will not be entitled to any benefits under this Act:
And provided further, that any woman employee contributing to said
pension fund, who marries and then takes a leave of absence for
reasons other than sickness of self, will not be entitled to any benefits
or annuities under this Act, while on such leave of absence, unless she
is employed at least three (3) months of each year at such house of

correction.

Any employee, a part of whose salary may be set apart hereafter to provide for the fund created by this Act, may be released from the necessity of making further payments to said fund by filing a written notice of his or her desire to withdraw from complying with the provisions of this Act, with the board of trustees hereinafter mentioned, which resignation shall operate and go into effect immediately upon its receipt by said board of trustees.

Any employee who has contributed to the said fund for three (3) years or more, and who shall be dismissed or resigned from the service of the said house of correction, may, upon application made within three (3) months, after such dismissal or resignation, receive one-half (1-2) of the total amount paid into said fund by such person so dismissed or resigned.

Any person in the employ of the house of correction July 1st, 1911, shall be eligible to become a contributor to said pension fund, and shall be given credit for the time of his or her past service, upon the payment of two (2) per cent of the salary he or she has received while in such employment.

§ 3. The city treasurer, subject to the control and direction of the board of trustees hereinafter mentioned, shall be the custodian of said pension fund and shall secure and safely keep same and shall keep books and accounts concerning said fund in such manner as may be prescribed by said board of trustees, which said books and accounts shall always be subject to the inspection of said board of trustees, or any member thereof.

The city treasurer shall within ten (10) days after his election or appointment, execute a bond to the city, with good and sufficient securities, in such penal sum as the said board of trustees shall direct, and shall be conditioned for the faithful performance of the duties of

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said office, and that he will safely keep and well and truly account for all moneys belonging to said pension fund, and all interest thereon, which may come into his hands, as such treasurer, and on the expiration of his term of office, or upon his retirement therefrom for any cause, he will surrender and deliver over to his successor all unexpended moneys, with such interest as he may have received thereon, and all property which may come into his hands as treasurer of said pension fund.

Such bond shall be filed in the office of the city clerk of said city for the use of said board of trustees, or any person or persons injured by such breach.

§ 4. The board of inspectors of any such house of correction, shall in the month of September immediately following the date of this Act going into effect arrange for the election of a board of trustees of said pension fund composed of five members to be chosen as hereinafter provided, which election shall be held not later than two (2) months after this Act goes into effect. The same [said] board of trustees shall have power, and it shall be its duty to administer said fund and to carry out the provisions of this Act for the purpose of enabling such board of trustees to perform the duties imposed and exercise the powers created by this Act, the board of trustees shall be and is hereby created a body politic and corporate, and said board of trustees may invest the accumulation of said funds in the government, State, county or municipal bonds, and the city treasurer shall be the custodian of said securities.

§ 5. The said board of trustees shall consist of the chairman of the board of inspectors and the superintendent of the house of correction, to [two] employees contributing to the fund and one member from the beneficiaries. The chairman of said board of inspectors and the superintendent of the house of correction shall be ex officio members of such board of trustees, and the three (3) other members of such board of trustees shall be elected by ballot, the two members of the contributors to be elected by the employees contributing to said fund at the time and for the terms respectively as follows: At the first election the contributors to the said fund shall elect one of their number to serve for the term of two (2) years and one of their number for the term of one (1) year, and annually thereafter said contributors shall elect one of their number to hold office for the term of two (2) years. At each election the beneficiaries shall elect one of their number to serve as a member of such board of trustees for a term of one year. And in case the beneficiary or beneficiaries be a child or children the guardian of such child or children may cast the votes to which such child or children may be entitled.

§ 6. Whenever any elective member of said board of trustees shall cease to be in the employ of or to be a member of said board of inspectors of said house of correction, or a beneficiary of the house of correction employees' fund, his or her membership in said board of trustees shall cease. All vacancies in said board of trustees shall be

filled by a ballot as aforesaid.

Said board of trustees shall have power and it shall be its duty: 1. To make all payments from said pension fund pursuant to the provisions of this Act.

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