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if at any time there shall not be sufficient moneys belonging to such fund to pay the allowances of such board to its beneficiaries, then they shall be paid pro rata from such fund, but no allowance or order of such board shall be held to create any liability against any such city, village or town, except upon the fund so set apart as aforesaid for the payment thereof.
APPROVED April 29, 1887.
CHICAGO DRAINAGE DISTRICT.
$ 1. Organizes the city of Chicago into a $ 3. Water diverted by cut-off. drainage district, under the act of
§ 4. Dam may be constructed across Mud 1885.
Lake Valley. $ 2. Cut-off drain or ditch to be constructed
$ 5. Right of way.
$ 6. Compensation for damages and cost of Lake Michigan.
improvements, how provided for. An Act to organize the city of Chicago into a drainage district, and
to define the powers and duties of the corporate authorities thereof.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the city of Chicago is hereby organized as a drainage district, and the corporate authorities of such city may exercise the powers conferred by an act entitled “An act to vest the corporate authorities of cities and villages with power to construct, maintain and keep in repair drains, ditches, levees, dykes and pumping works for drainage purposes, by special assessment upon the property benefited thereby," approved June 22, 1835, and are hereby vested with the further powers hereinafter granted.
§ 2. Such corporate authorities may lay out, construct and maintain a cut-off drain or ditch for the diversion of the flood waters of the Desplaines River into Lake Michigan, at some point north of the city of Chicago, for the relief and in aid of the drainage system established or to be established within said district, the location and route, dimensions and capacity of such cut-off to be determined by said corporate authorities. If the location of such cut-off shall occupy a portion of the North Branch of the Chicago River, said North Branch may be widened and deepened as shall be ed. Such cut-off or diversion may be so constructed and maintained as to answer the purpose of a drain for the lands through which it shall pass, and such corporate authorities may allow said lands to be drained into the same upon such terms and conditions as they may determine: Provided, such corporate authorities shall not be allowed to interfere with any right of drainage which the owners of land have or would have, if such cut-off had not been made.
§ 3. No more of the water of the Desplaines River shall be di. verted by any such cut-off than the excess above the ordinary water mark in said stream. At the point of diversion there shall be constructed and maintained such dams and sluices as shall control and regulate the amount of such diversion at all times. During dry weather no water shall be diverted in Lake Michigan, and during floods no more water shall be allowed to pass said point of diversion down the river than three thousand (3,000) cubic feet per second.
$ 4.. Such corporate authorities may construct and maintain, if the same shall be found desirable and expedient, a dam across what is known as the Mud Lake Valley on or near the west line of sections six and seven, township thirty-eight north, range thirteen east of the third principal meridian, of such dimensions and elevation as may be determined upon.
§ 5. Such corporate authorities may acquire by purchase, gift, condemnation or otherwise all the real and personal property, rights of way and easements within or without the district necessary for the construction and maintenance of the works hereby authorized, and shall have the same control and jurisdiction of the property without as of that within the district. They shall have the right to construct the cut-off herein authorized, across, under, over, along or upon any water-course, street, highway, public ground, railroad or turnpike, which the route of the same may intersect or touch; but shall not interrupt the use thereof longer, nor to a greater extent, than shall be necessary for the purpose.
$ 6. Whenever it shall be necessary to take or damage private property, for any purpose contemplated by this act, whether within or without said drainage district, the compensation therefor may be ascertained and the proceedings for the condemnation thereof may be had in the manner provided in article nine of an act entitled “An act to provide for the incorporation of cities and villages, approved April 10, 1872, and the cost of constructing and maintaining the improvements herein provided for may be defrayed by special assessment upon the property benefited thereby, within such district only, said assessments to be levied and collected as provided in said article nine.
APPROVED June 6, 1887.
CONVEYING REAL ESTATE FOR SCHOOL PURPOSES, § 1 Authorizes corporate authorities of cities, towns and villages under special charters to
convey real estate for school sites, to school trustees of the township. An Act to permit towns, cities and villages incorporated by special
charter to convey real estate for school purposes. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any town, city or village incorporated by a special charter granted by the General Assembly of the State of Illinois, holding title to or having an interest in any real estate, may, by proper deed of conveyance, executed by the corporate authorities of said town, city or village, when authorized by ordinance, sell and convey the same to the trustees of schools of the township in which such real estate is situated, to be used as a school site for the school district in which such real estate is situated.
APPROVED May 21, 1887,
§ 1. Repeals section 4, act 1869, amending the charter. An Act to repeal section number four (4) of "An act to amend the
charter of the village of Lockport," passed February 12, 1853, amended and in force February 26, 1869.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section number four of “An act to amend the charter of the village of Lockport,” in force February 26, 1869, be and the same is hereby repealed.
APPROVED June 15, 1887.
§ 1. Repeals the charter of the town of Trenton. An Acr to repeal an act to incorporate the town of Trenton, in the
county of Clinton and State of Illinois. 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 incorporate the town of Trenton, in the county of Clinton and State of Illinois," approved February 16, 1865, be and the same is hereby repealed.
APPROVED June 15, 1887.
CLERKS OF COURTS.
BOOKS OF RECORD, DOCKETS AND INDICES, OPEN TO THE I'UBLIC.
§ 1. Amends section 16 act 1874, by providing that all persons shall have free access to such
records, dockets and papers, and to make memoranda and abstracts thereof. An Act to amend section sixteen (16) of an act entitled "An act to
revise the law in relation to clerks of courts," approved March 25, 1874, in force July 1, 1874.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section sixteen (16) of an act entitled “An act to revise the law in relation to clerks of courts," approved March 25, 1874, in force July 1, 1874, be and the same is hereby amended so as to read as follows:
“Section 16. The respective clerks of the circuit courts, the superior court of Cook county, and the county court, shall keep in their offices the following books, to-wit:
First-A general docket upon which shall be entered all suits in the order in which they are commenced.
Second—Two well-bound books to be denominated, “ Plaintiff's Index to Court Records," and "Defendant's Index to Court Records," to be ruled and printed substantially in the following manner:
In which all cases shall be entered in alphabetical order, by the name of each plaintiff and defendant. Said books shall set forth the names of the parties, kind of action, term commenced, the record books and pages on which said cases are recorded, the term disposed of, date of judgment, books and pages of the judgment dockets, execution dockets, fee books, certificates of levy, sale and redemption, records on which they are entered, satisfied or not satisfied, and number of case. The defendant's index shall be ruled and printed in the same manner as the plaintiff's, except the parties shall be reversed.
Third-Proper books of record, with indices, showing the names of all the parties to any suit or judgment therein recorded, with a reference to the page where it is recorded.
Fourth-A judgment and execution docket, in which all final judgments and decrees shall be minuted at the time they are entered, or within sixty days thereafter, in alphabetical order, by the name of every person against whom the judgment or decree is entered, showing, in the proper columns ruled for that purpose, the names of the parties, the date, nature of the judgment or decree, amount of debt, damages and costs in separate items, for which it is issued, to whom issued, when returned, and the manner of its execution; a blank column shall be kept, in which may be entered a note of the satisfaction or other disposition of the judgment or decree, and when satisfied by execution or otherwise, or set aside or enjoined, the clerk shall enter a minute thereof in such clum 1, showing how disposed of, the date, and the book and page where the evidence thereof is to be found. Such dockets may be searched by persons at all reasonable times, without fee.
Fifth-A fee book, in which shall be distinctly set down, in items, the proper title of the cause, and heads, the cost of each suit, including clerk's, sheriff's and witness fees, stating the name of each witness having claimed his attendance during the term, wit the number of days he attended at each term. It shall not be necessary to insert the costs in the judgment or decree; but whenever a suit is determined and final judgment entered, the costs of each party litigant shall be made up and entered in such fee book, which shall be considered a part of the record and judgment, subject, however, at all times to be corrected by the court; and the prevailing party shall be considered as having recovered judgment for the amount of the costs so taxed in his favor, and the same shall be included in the execution issued upon such judgment or decree, and a bill thereof accompanying each execution. If any clerk shall issue a fee bill, or a bill of costs, with the execution, without first entering the same in his fee book, or if any such bill of costs or fee bill shaïl be issued which shall not be in substance a copy of the recorded bill, the same shall be void. Any person having paid such bill of costs or fee bill, may recover from the clerk the amount thereof, with costs of suit, in any court of competent jurisdiction.
Sixth—The clerk's, judge's and bar docket, as provided by section fourteen of the act in relation to practice in courts of record, with the alphabetical indices thereto, by the name of each plaintiff and defendant.
Seventh-Such other books of record and entry as are provided by law, or may be required in the proper performance of their duties. All records, dockets and books required by law to be kept by such clerks shall be deemed public records, and shall at all times be open to inspection without fee or reward. And all persons shall have free access for inspection and examination to such records, dockets and books, and also to all papers on file in the different clerk's offices, and shall have the right to take memoranda and abstracts thereof."
APPROVED June 16, 1887.