several counties of this State with reference thereto," approved March 29, 1872; title as amended by act approved March 28, 1874, be and the same hereby is amended so as to read as follows:

"Section 31. The clerks of all the courts of record, the treasurer, sheriff, coroner and recorder of deeds of Cook county, elected after the adoption of the present constitution of this State, shall receive as their only compensation for their services the following named salaries, to be paid out of the fees of their respective offices actually collected, to-wit:

The clerk of the circuit court the sum of five thousand dollars per annum.

The clerk of the superior court the sum of five thousand dollars per annum.

The clerk of the county court the sum of three thousand dollars per annum.

The county clerk the sum of two thousand dollars per annum. The clerk of the criminal court the sum of five thousand dollars per annum.

The clerk of the probate court of Cook county the sum of five thousand dollars per annum.

The county treasurer the sum of four thousand dollars per

annum.

The sheriff the sum of six thousand dollars per annum.

The coroner the sum of five thousand dollars per annum.

The recorder of deeds of Cook county the sum of five thousand dollars per annum.

The clerk of the superior court of Cook county, the clerk of the probate court of Cook county, and the county clerk, the clerk of the county court, the clerk of the circuit court, the county treasurer, the sheriff, coroner and recorder of deeds of Cook county, shall, from the time when their salaries or salary begins, as herein provided, each of them, in a book provided for the purpose, keep a full, true and minute account of all the fees and emoluments of his office, designating, in corresponding columns, the amount of all the fees and emoluments earned and payments received on account thereof, and shall also keep an account of all expenditures made by him cn account of clerk hire, stationery and other necessary expenses; such accounts shall always be open to the inspection of the board of commissioners. Every such officer, respectively, shall, on the first day of June and the first day of December in each year, during the term of his office and while receiving a salary as herein provided, make to the chairman of the board of commissioners a report in writing, under oath, of all the fees and emoluments of his office, of every name and description whatsoever, and of all necessary expenses for clerk hire, stationery and other expenses for the half year, or fraction thereof, ending at the time of said report; such report shall state fully the manner in which such fees and emoluments accrued. It shall be the duty of said board of commissioners to audit such accounts as soon as may be, and

correct and adjust the same in accordance with the facts. The balance found in the hands of any such officer (except the county treasurer) over and above the amount due such officer as compention for services, stationery, clerk hire and other necessary expenses as herein before set forth, shall be paid over by such officer to the county treasurer as soon as his account shall have been audited, as aforesaid; and in the case of the county treasurer, the balance found in his hands shall be accounted for and paid out upon the order of the county board. And if, in the county of Cook, upon auditing of such accounts, there shall be found any balance due to the county of Cook from the county treasurer, the county of Cook shall account for and pay over to the city of Chicago its just proportion of the same. Deputy and assistant clerks shall be employed under the direction of the board of commissioners for said county, and shall be paid a salary, to be fixed by said board: Provided. that until the employment of such deputy or assistant clerk shall be authorized and his compensation fixed as aforesaid, a reasonable allowance may be made for any clerk, deputy or assistant necessarily employed by such officer."

APPROVED June 6, 1887.

WITNESS FEES AND MILEAGE.

§ 1. Amends section 47, act of 1872, by allowing witnesses in criminal cases, in foreign counties, the same mileage as in other cases.

AN ACT to amend section 47 of an act entitled "An act concerning fees and salaries and to classify the several counties of this State with reference thereto," approved March 29, 1872, and in force July 1, 1872, amended by act approved March 28, 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 47 of an act entitled "An act concerning fees and salaries and to classify the several counties of this State with reference thereto," approved March 29, 1872, in force July 1, 1872, title as amended by an act approved March 28, 1874, in force July 1, 1874, be and the same is hereby amended so as to read as follows:

"Section 47. Every witness attending in his own county upon trials in the courts of record shall be entitled to receive the sum of one dollar for each day's attendance and five cents per mile each way for necessary travel. For attending in a foreign county, going and returning, accounting twenty miles for each day's travel, for each day one dollar. Every witness attending for the purpose of having his deposition taken, one dollar, and the same mileage as provided in this section for witnesses in courts of records: Provided, no allowance or charge shall be made for the attendance of witnesses aforesaid, unless the witness shall make affidavit of the

number of days he or she actually attended, and that such attendance was at the instance of one or both of the parties or his attorney. In criminal cases where a witness shall be required to attend from a foreign county or State, he shall be allowed five cents per mile each way in full of all compensation, except the per diem for actual attendance upon such court, which shall be one dollar per day for each day's necessary attendance, to be paid out of the county treasury of the county where the crime was comImitted on the certificate of the clerk of the court where the trial is being had: Provided, he shall make affidavit of the distance traveled, that it was the usually traveled and most direct route, of the number of days' actual attendance, and that such attendance was at the instance of the State's attorney, or the accused or his attorney, to which shall be added the certificate of the judge that the amount is reasonable and that he was a material witness in the court." APPROVED June 16, 1887.

FENCES.

BARB WIRE.

§ 1. Amends section 2 of the act of 1874 making barb wire a legal fence.

AN ACT to amend section 2 of "An act to revise the law in relation to fences," approved March 21, 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 two (2) of chapter fifty-four (54), be amended so as to read as follows:

"Section 2. Fences four and one-half feet high, and in good repair, consisting of rails, timber, boards, stone, hedges, barb wire, or whatever the fence viewers of the town or precinct where the same shall lie shall consider equivalent thereto, shall be deemed legal and sufficient fences: Provided, that in counties under township organization, the electors, at any annual town meeting, may determine what shall constitute a legal fence in the town; and i counties not under township organization, the power to regulate the height of fences shall be vested in the county board."

APPROVED May 4, 1887.

AN ACT to encourage the propagation and cultivation and to secure the protection of fishes in all the waters of this State.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That it shall be unlawful for any person to catch or kill any fish with any seine, or any other device used as a seine, in or upon any of the rivers, creeks, streams, ponds, lakes, sloughs, bayous or other water courses wholly within or running through the State of Illinois; nor shall the meshes of any weir, basket or trap, or any device used for catching fish in such waters not above prohibited, except for catching minnows for bait, be less than two inches square: Provided, however, that seining shall be lawful and allowed between the first day of July in each year and the first day of March in the following year, with seines, the meshes of which shall not be less than two inches square, in such rivers or streams as are used for navigation wholly within the State, and not above or beyond any private or corporate dams on said rivers or streams; and also in the navigable bays or lakes connected with such navigable streams wholly within the State, and not extending beyond the overflowed bottoms of such rivers or streams: Provided, also, that it shall be lawful for the fish commissioners, or persons authorized by them, to take fish in any way at any time they deem best for purposes of propagation or distribution.

§ 2. That no person shall place, cause to be placed or erected, any seine, weir, net, fish dam or other obstruction in or across any of the rivers, creeks, streams, ponds, lakes, sloughs, bayous or other water courses wholly within this State, in such manner as shall obstruct the free passage of fish up and down or through such water courses; and that it shall be unlawful for any person to catch or take fish, except minnows for bait, with any device other than a hook and line, within one-half mile of any dam constructed across any of the rivers or creeks of this State.

§ 3. That it shall be the duty of any person or persons who now own, or hereafter may erect, any dam or other obstruction across any of the rivers, creeks, streams, bayous or other water courses within this State, to place therein suitable fish-ways, in order that the free passage of fish up and down such waters may not be obstructed; and in case the owners, operators, lessors, or other persons operating, using or controlling any dam or other obstruction across any of the rivers, creeks, streams, bayous or other water courses of the State, shall fail or refuse, after ten days' notice by the fish commissioners of this State, or any one of them, to construct and maintain suitable fish-ways, as provided in this act, then the fish commissioners may construct, or cause to be constructed, suitable fish-ways, and recover in action of debt in the name of the People of the State of Illinois, before any justice of the peace, or any court of competent jurisdiction, double the cost of constructing said fishway; said fund, in excess of the actual cost, shall be paid to the county superintendent of schools.

§ 4. That it shall be unlawful for any person or persons, at any time, to catch or kill any fish in any of the rivers, creeks, ponds, lakes, sloughs, bayous or other water courses within the jurisdiction of this State, by use of spear, lime, acid, medicinal or chemical compound or explosive.

§ 5. It shall be unlawful for any person or persons to take by any device or means whatsoever, brook trout from any of the streams, lakes or other water courses within the State, between the fifteenth day of July and the first day of April following, in each year, and at no time with any device whatever except a hook and line.

§ 6. Any person or persons violating any of the provisions of the preceding sections of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten (10) nor more than two hundred dollars ($200) and cost of suit.

§ 7. Any person or persons who shall, for the purpose of fishing without the consent of the owner, trespass upon the lands of another, containing any fish pond or lake, whether natural or artificial, when and where the waters of such pond or lake are not directly connected with any water course of this State, shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not less than ten nor more than one hundred dollars, and costs of suit for the first offense, and not less than thirty nor more than two hundred dollars for the second offense, and the same for each subsequent offense as for the second offense.

§ 8. To enforce the provisions of this act, all suits brought under the same shall be brought in the name of the People of the State of Illinois, and shall be brought on the complaint of any person or persons showing by affidavit that some section of this act has been violated, giving the names of the person or persons violating, if known, and if unknown, such affidavit shall state by some person or persons whose name or names are unknown, and such complaint shall be made before any justice of the peace of the county in which such violation has been made.