tion of twenty thousand (20,000) inhabitants or less, ascertained as aforesaid, situate within any county of the third class, may be improved or constructed with State aid, to connect or complete, by the most direct route, a State aid road already improved or constructed or being improved or constructed to the corporate limits of such city or village.

§ 32. REPAIR AND MAINTENANCE OF STATE AID ROADS.] Whenever any State aid road shall be constructed or improved in any county under the provisions of this Act, the State Highway Commission, either directly or through the State Highway Engineer, the assistant State Highway Engineer or the county superintendent of highways, shall thereafter keep all such roads in proper repair, and the total cost of such maintenance shall be paid out of the State road and bridge funds upon the warrant of the Auditor, whenever such payment shall be ordered by the State Highway Commission. For the purpose of keeping such roads in proper repair, the State Highway Commission shall have authority to purchase all necessary tools, machinery, supplies and materials, and may employ, or authorize the State Highway Engineer to employ, all labor necessary therefor.

(A) For the purpose of improving, repairing and maintaining the proposed system of State aid roads in the respective counties under the provisions of this Act, and for the purpose of assisting the townships and road districts in improving, repairing and maintaining township and district roads, the board of supervisors or county commissioners in the respective counties are hereby authorized to purchase machinery and appropriate the necessary funds for carrying on such work and such boards of supervisors or county commissioners are further authorized to lease said machinery to the townships or road districts within the respective counties for the work of improving, repairing, and maintaining the roads in their respective townships and road districts.

APPROVED June 29th, 1915.

TAX FOR CONSTRUCTION OF HARD ROADS.

§ 1. Amends sections 108, 115 and 122, Act of 1913.

§ 108. Petition for road-notice-election-
vote-type of road-rate per cent.

§ 115. Surveys, estimates-maps, etc.

§ 122. Construction of road-material-oil treat earth roads.

(HOUSE BILL No. 240. APPROVED JUNE 25, 1915.)

AN ACT to amend an Act entitled, "An Act to revise the law in relation to roads and bridges," approved June 27, 1913, in force July 1, 1913, by amending sections 108, 115, and 122, thereof.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act to amend an Act entitled, "An Act to revise the law in relation to roads and bridges," approved June 27, 1913, in force July 1, 1913, be and the same is hereby amended by amending section 108, section 115 and section 122 thereof, so that the said sections when amended shall read as inserted at length herein:

§ 108. PETITION FOR ROAD NOTICE ELECTION-VOTE-RATE PER CENT.] On the petition of twenty-five per cent of the land owners who are legal voters of any township to the town clerk thereof, in counties under township organization or road districts in counties not under town

ship organization, to the district clerk, he shall, when giving notice of the time and place for holding the next annual town meeting or road district election, also give notice that a vote will be taken at said election or meeting for or against an annual tax not to exceed one dollar on each one hundred dollars assessed valuation of all the taxable property, including railroads in the township or road district, for the purpose of constructing and maintaining gravel, rock, macadam or other hard roads, or for improving and maintaining dirt or earth roads to be graded, drained, dragged or oil treated, applying either to roads to be constructed or repaired by the township or road district. Said petition shall state the location and route of the proposed road or roads, and shall also state the annual rate per cent not exceeding one dollar on each one hundred dollars, and the number of years not exceeding five, for which said tax shall be levied. If in any such petition a special election shall be requested for such purposes it shall be called in the manner provided for calling special elections in section 112 of this Act.

§ 115. SURVEYS, ESTIMATES, ETC.] Whenever it shall be voted to construct gravel, rock, macadam or other hard roads or to improve dirt or earth roads and to oil treat the same or to oil treat roads in any township or district it shall be the duty of the county superintendent of highways of the county in which said township so voting is located to at once survey (or cause to be surveyed) the route of the road thus to be improved and to prepare suitable maps, plans, specifications, and estimates of the cost of the proposed improvement. The county superintendent of highways shall divide the same into convenient sections, each of which shall be numbered. The county superintendent of highways, upon the completion of said maps, plans, specifications and estimates, shall file one copy of the same with the town or district clerk of the township wherein the proposed road is to be constructed and one copy with the commissioners of highways of said township, and in case of State aid road construction or improvement the county superintendent of highways shall also file copies of such maps, plans, specifications and estimates with the State Highway Commissioners.

§ 122. CONSTRUCTION OF ROAD MATERIAL.] The commissioners and the county superintendent of highways may, in their discretion, cause the road to be constructed wholly of earth, and by a thorough system of tile and other drainage, when gravel, stone and other suitable. hard materials can not be obtained at a cost within the means in the hands of the commissioners or oil treat earth roads.

(HOUSE BILL No. 557. APPROVED JUNE 29, 1915.)

AN ACT to make uniform the law relating to the sale of goods.

PART I.

FORMATION OF THE CONTRACT.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: CONTRACTS TO SELL AND SALES.] (1) A contract to sell goods is a contract whereby the seller agrees to transfer the property in goods to the buyer for a consideration called the price.

(2) A sale of goods is an agreement whereby the seller transfers the property in goods to a buyer for a consideration called the price. (3) A contract to sell or a sale may be absolute or conditional.

(4) There may be a contract to sell or a sale between one part owner and another.

§ 2. CAPACITY-LIABILITIES FOR NECESSARIES.] Capacity to buy and sell is regulated by the general law concerning capacity to contract, and to transfer and acquire property.

Where necessaries are sold and delivered to an infant, or to a person who by reason of mental incapacity or drunkenness is incompetent to contract, he must pay a reasonable price therefor.

Necessaries in this section mean goods suitable to the condition in life of such infant or other person, and to his actual requirements at the time of delivery.

FORMALITIES OF THE CONTRACT.

§ 3. FORM OF CONTRACT OR SALE.] Subject to the provisions of this Act and of any statute in that behalf, a contract to sell or a sale may be made in writing (either with or without seal), or by word of mouth, or partly in writing and partly by word of mouth, or may be inferred from the conduct of the parties.

§ 4. STATUTE OF FRAUDS.] (1) A contract to sell or a sale of any goods or choses in action of the value of five hundred dollars or upwards shall not be enforceable by action unless the buyer shall accept part of the goods or choses in action so contracted to be sold or sold, and actually receive the same, or give something in earnest to bind the contract, or in part payment, or unless some note or memorandum in writing of the contract or sale be signed by the party to be charged or his agent in that behalf.

(2) The provisions of this section apply to every such contract or sale, notwithstanding that the goods may be intended to be delivered at

some future time or may not at the time of such contract or sale be actually made, procured, or provided, or fit or ready for delivery, or some act may be requisite for the making or completing thereof, or rendering the same fit for delivery; but if the goods are to be manufactured by the seller especially for the buyer and are not suitable for sale to others in the ordinary course of the seller's business, the provisions of this section shall not apply.

(3) There is an acceptance of goods within the meaning of this section when the buyer, either before or after delivery of the goods, expresses by words or conduct his assent to becoming the owner of those specific goods.

SUBJECT MATTER OF CONTRACT..

§ 5. EXISTING AND FUTURE GOODS.] (1) The goods which form the subject of a contract to sell may be either existing goods, owned or possessed by the seller, or goods to be manufactured or acquired by the seller after the making of a contract to sell, in this Act called "future goods".

(2) There may be a contract to sell goods, the acquisition of which by the seller depends upon a contingency which may or may not happen. (3) Where the parties purport to effect a present sale of future goods, the agreement operates as a contract to sell the goods.

§ 6. UNDIVIDED SHARES.] (1) There may be a contract to sell or a sale of an undivided share of goods. If the parties intend to effect a present sale, the buyer, by force of the agreement, becomes an owner in common with the owner or owners of the remaining shares.

(2) In the case of fungible goods, there may be a sale of an undivided share of a specific mass, though the seller purports to sell and the buyer to buy a definite number, weight or measure of the goods in the mass, and though the number, weight or measure of the goods in the mass is undetermined. By such a sale the buyer becomes owner in common of such a share of the mass as the number, weight or measure bought bears to the number, weight or measure of the mass. If the mass contains less than the number, weight or measure bought, the buyer becomes the owner of the whole mass and the seller is bound to make good the deficiency from similar goods unless a contrary intent

appears.

§ 7. DESTRUCTION OF GOODS SOLD.] (1) Where the parties purport to sell specific goods, and the goods without the knowledge of the seller have wholly perished at the time when the agreement is made, the agreement is void.

(2) Where the parties purport to sell specific goods, and the goods without the knowledge of the seller have perished in part or have wholly or in a material part so deteriorated, in quality as to be substantially changed in character, the buyer may at his option treat the sale

(a) As avoided, or

(b) As transferring the property in all of the existing goods or in so much thereof as have not deteriorated, and as binding the buyer to pay the full agreed price if the sale was indivisible or to pay the agreed price for the goods in which the property passes if the sale was divisible.