ations, and with the amounts paid as taxes on real property, as against any taxes which may be extended against such real property, for the year or years for which such payments may appear to have been made. If the amount of taxes extended against such persons, corporations or real property under the provisions of the act, shall not exceed in amount the payments to be credited as aforesaid, then nothing shall be collected of such persons, corporations, or property; but if the taxes so extended shall exceed such payments, then the excess only shall be collected. In case such payments shall exceed the taxes extended, as aforesaid, nothing herein contained shall be so construed as to give a right of action against any city, or make it liable for such excess, it being the intention of this act that such payments shall not be credited beyond the amount of the taxes to be extended as aforesaid. [Laws 1877, § 3, p. 57.

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

1.

[COMPENSATION-JURY.] § 1. 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. [R. S. 1874, Ch. 47, Sec. 1 p. 475.

2. [MANNER OF PROCEEDING-PETITION.] § 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, plank road, 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 purposes 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 residence 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 petitioner, 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 governor or such other person as he shall direct, or as shall be provided by law. [R. S. 1874, ch. 47, Sec. 2 p. 475.

3. [PETITION PRESENTED IN VACATION.] 8 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 non-resident defendant, and the clerk of the court shall at once issue the summons and give the notices accordingly. [R. S. 1874, ch. 47, § 3, p. 476.

4. [SERVICE OF SUMMONS.] § 4. publication of such notice shall be [R. S. 1874, ch. 47, § 4, p. 476.

Service of such summons and made as in cases in chancery.

5. [CAUSES HEARD IN VACATION.] § 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. 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 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. 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. [R. S. 1874, ch. 47 § 5, p. 476.

6. [DUTY OF THE CLERK OF COURT-JURY.] § 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 sixtyfour 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. [R. S. 1874, ch. 47, § 6, p. 476.

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. [R. S. 1874, ch. 47, § 7, p. 476.

8. [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. [R. S. 1874, ch. 47, 8, p. 476.

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. [R. S. 1874, ch. 47, § 9, p. 476.

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. [R. S. 1874, ch. 47, § 10, p. 477.

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. [R. S. 1874, ch. 47, § 11, p. 477.

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. [R. S. 1874, ch. 47, § 12, p. 477.

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. [R. S. 1874, ch. 47 § 13, p. 477.

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. [R. S. 1874, ch. 47, § 14, p. 477.

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. [R. S. 1874, ch. 47, § 15, p. 477.

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. [R. S. 1874, ch. 47, § 16, p. 477.

AN ACT for the further protection of the state institutions. In force March 9, 1867. 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. [R. S. 1874, ch. 47, § 17, p. 477.