WRITS OF ERROR-SUPERSEDEAS AND LETTING TO BAIL. § 1. Amends sections 5 and 6, division 5. 15, Act of 1874. (HOUSE BILL No. 97. Supersedeas-how issued. § 6. Letting to ball. APPROVED MAY 25, 1907.) AN ACT entitled "An Act to amend sections 5 and 6 of division 15 of an Act entitled "An Act to revise the law in relation to criminal jurisprudence," approved March 27, 1874, in force July 1, 1874. SECTION I. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 5 and 6 of division 15 of an Act entitled, "An Act to revise the law in relation to criminal jurisprudence," approved March 27, 1874, in force July 1, 1874, be and the same are hereby amended to read as follows: § 5. If, after inspecting the transcript, the court or judge is of the opinion that there is reasonable cause for allowing a writ of error, and shall also be of the opinion that there is a reasonable doubt as to the guilt of the defendant, or that there is serious or prejudicial error in the record, it shall be granted, by endorsement on the back of the transcript, with a direction that the same be made a supersedeas, and supersedeas shall issue in like manner and in like effect as in cases where the sentence is death. § 6. When the court or judge is of the opinion that there is reasonable cause for believing that the judgment will be reversed, or that the judgment will be reversed and remanded, and the offense is one for which the party accused was entitled to bail before conviction, it shall be the duty of the court or judge to make an order to admit such prisoner to bail upon his entering into a recognizance to the People of the State of Illinois, in such sum and with such security as said court or judge shall prescribe conditioned that the prisoner will appear at the next term of the court in which his trial took place, and at each subsequent term of said court, on the first days thereof, until the determination of such writ of error, and will not at any of the terms of said court depart the court without leave, and that in case the judgment is affirmed he will surrender himself to the sheriff, or warden, or other officer from whose custody he is bailed. APPROVED May 25, 1907. DRAINAGE. DRAINAGE COMMISSIONERS-ELECTIONS, OFFICERS. VACANCY. 1. Amends section 15a, Act of 1885. § 15a. As amended, provides for $ 2. Emergency. (HOUSE BILL No. 221. APPROVED FEBRUARY 27, 1907.) AN ACT to amend section 15a of an Act entitled, "An Act to provide for drainage for agricultural and sanitary purposes, and to repeal certain Acts therein named," approved June 27, 1885, in force July 1, 1885, as amended by Act approved June 21, 1895, in force July 1, 1895. SECTION I. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 15a of an Act entitled, "An Act to provide for drainage for agricultural and sanitary purposes, and to repeal certain Acts therein named," approved June 27, 1885, in force July 1, 1885, as amended by Act approved June 21, 1895, in force July 1, 1895, be amended so as to read as follows: § 15a. Upon the organization of any drainage district as provided in section 15 of this Act, the duties and obligations of the commissioners of highways, as said drainage commissioners of such district shall cease as soon as drainage commissioners shall have been elected and qualified as herein provided. It shall be the duty of the town clerk to call an election in each district in his township, including the new districts organized during the previous year, by giving ten (10) days' notice that an election will be held (specifying time and place), said notices shall be posted in three (3) conspicuous places in said districts. Elections shall be held in the several drainage districts organized under this Act on the second Saturday in March of each year, between the hours of 2:00 and 6:00 o'clock p. m. At the first election in each district there shall be elected three (3) commissioners, one for one year, one for two years, and one for three years, and annually thereafter, one drainage commissioner shall be elected who shall hold his office three years, and until his successor is elected and qualified. Every adult owner of land in the district, whether residing within or without the district, shall be a voter, and if a resident of the county in which the district or any part thereof lies, eligible to the office of drainage commissioner. Said elections shall be conducted after the manner provided by law governing school elections. Commissioners of highways shall act as judges and clerk of the first election held in any district; thereafter the drainage commissioners shall act as judges and clerk of elections in their respective districts. If said commissioners be not present, it shall be competent for the electors present to select judges and clerk of said election. Returns of said election shall be made to the town clerk, who shall record the same in a book kept for that purpose. Said commissioners shall take the oath of office before some officer authorized to administer oaths. Said commissioners shall be known by the corporate name of drainage commissioners of.......... district No......of the town of..........county of..........State of Illinois, and by that name shall be a body politic and corporate, and may sue and be sued, plead and be impleaded, contract and be contracted with, and shall be the corporate authority of their respective districts. Before entering upon their duties as herein provided, the drainage commissioners shall take and subscribe an oath substantially as follows, viz: We, ... drainage commissioners of drainage district No. do solemnly swear (or affirm) that we will faithfully and impartially perform the duties required of us to the best of our understanding and judgment and make assessment of damages and benefits (or benefits as the case may be), in favor of or against the land in said district, according to law. When a vacancy occurs amongst the drainage commissioners, elected under this Act, it shall be the duty of the surviving commissioner or commissioners to call an election to fill the vacancy. The commissioners shall give not less than ten (10) days' notice of the time when and place where the election will be held, and the ballot shall state that the commissioner or commissioners are being elected to fill a vacancy. § 2. WHEREAS, There are now vacancies among the commissioners in drainage districts in the State incorporated under this Act, and there is no provision in the Act for the filling of such vacancies, therefore an emergency exists, and this Act shall be in force from and after its passage. AN ACT to amend sections two (2), four (4), thirteen (13), sixteen (16), seventeen (17), seventeen and one-half (17 1-2), nineteen (19), twenty (20), twenty-one (21), twenty-two (22), thitv-seven (37), and fifty-eight (58), and to repeal sections twenty-five (25) of an Act entitled "An Act to provide for the construction, reparation and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes and to provide for the organization of drainage districts," approved and in force May 29, 1879, as amended by certain Acts herein entitled and to repeal certain laws therein named, approved June 30, 1885, in force July 1, 1885, as amended by an Act approved June 4, 1889, in force July 1, 1889, as amended by Act of June 23, 1895, in force July 1, 1895, as amended by Act approved May 10, 1901, in force July 1, 1901,, as amended by an Act approved May 11, 1901, in force July 1, 1901, as amended by Act approved May 14, 1903, in force July 1, 1903, and to add one new section to be known as section seventy-five." SECTION I. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections two (2), four (4), thirteen (13), sixteen (16), seventeen (17), seventeen and onehalf (172), nineteen (19), twenty (20), twenty-one (21), twenty-two (22), thirty-seven (37), and fifty-eight (58), and to repeal section twenty-five (25) of an Act entitled "An Act to provide for the construction, reparation and protection of drains, ditches and levees across the lands of others for agricultural, sanitary and mining purposes and to provide for the organization of drainage districts," approved and in force May 29, 1879, as amended by certain Acts therein entitled, and to repeal certain laws therein named, approved June 30, 1885, in force July 1, 1885, as amended by Act approved June 4, 1889, in force July 1, 1889, as amended by Act of June 24, 1895, in force July 1, 1895, as amended by Act approved May 10, 1901, in force July 1, 1901, as amended by Act approved May 11, 1901, in force July 1, 1901, as amended by Act approved May 14, 1903, in force July 1, 1903, and to add one new section to be known as section seventy-five, to be amended to read as follows: § 2. Whenever a majority of the owners of lands within a district proposed to be organized, who shall have arrived at lawful age and who represent one-third (1-3) in area of the land to be reclaimed or benefited, or whenever one-third (1-3) of the owners of lands within a district proposed to be organized, who shall have arrived at lawful age and who represent a major portion in area of the lands to be reclaimed or benefited, desire to construct a drain or drains, ditch or ditches, levee or levees, or other work to be known in this Act as a "drainage and levee district;" or "drainage and levee work," across the lands of others, for agricultural, sanitary or mining purposes, or to maintain and keep in repair any such drain or drains, ditch or ditches, levee or levees, heretofore constructed under any law of this State, or to establish in said district the combined system of drainage or protection from overflow, independent of levees, for agricultural, sanitary or mining purposes and maintain the same by special assessments upon the property benefited thereby, such owners may file, in the county court of any county in which the greater part of the lands to be affected by such drain or drains, ditch or ditches, levee or levees, or other work proposed to be constructed, maintained or repaired shall lie. a petition signed by the requisite number of land owners owning the required area as in this section provided within said district proposed to be organized as aforesaid, setting forth the proposed name of the said drainage district, the necessity of the same, with a description of the proposed starting points, route and terminus of the work and a general description of the lands proposed to be affected, with the names of the owners, when known, and, if the purpose of said owners is the repair and maintenance of a ditch or ditches, levee or levees, or other work, heretofore constructed under any law of this State, said petition shall give a general description of the same, with the particulars as may be deemed important and may pray for the organization of a drainage district, by the name and boundaries proposed, and for the appointment of commissioners for the execution of such proposed work according to the provisions of this Act: Provided, that the lands embraced in such drainage districts shall be liable for any and all damages which may be sustained by any lands laying [lying] above such drainage district by the construction of any levee, ditch or drain in such district under this Act, and the commissioners of any drainage district, composed of lands lying next below any other drainage district organized entirely in one county as aforesaid shall have the power to cause the lands lying in such district to be assessed in the manner prescribed by this Act for the assessments of benefits to pay all such damages to the lands lying in such lower district, and to pay any and all increased costs and expenses of constructing any levee, ditch or drain in such lower district which may be necessary to carry off waters flowing from the higher district, and such lower district shall have the power to connect its levees, ditches or drains with the levees, ditches or drains of such higher district and such higher district shall have power to connect its levees, ditches or drains with the levees, ditches or drains of such lower district. 84. The county court in which said petition shall be filed may hear the petition at any probate or common law term, and may determine all matters pertaining thereto, and all subsequent proceedings of the district when organized under this Act, and may adjourn the hearing from time to time, or continue the case for want of sufficient notice, or other good cause. The court, upon application of the petitioners, shall permit the petition, affidavit and orders to be amended, and no petitioner shall have the right to withdraw from said petition, except by the consent of the majority of the other petitioners thereon, or where it shall be shown to the satisfaction of the court that the signature of the petitioner was obtained by fraud or misrepresentation. § 13. Upon the report of the commissioners being filed with the clerk of the court appointing such commissioners, he shall cause three (3) weeks' notice to be given, addressed "To all persons interested," in the same manner as it is provided in section three (3) of the Act hereby amended, which notice shall state the time of filing said report, that a plat and description of the work laid off and proposed to be constructed, is on file in the office of the clerk of said court; a description of the additional lands, if any, recommended by the commissioners to be embraced in the proposed district, together with the names of the owners thereof, and the names of the owners of all lands proposed to be taken or dam |