in the original contract between such owner and the original contractor for such improvements. In no case shall the owner be compelled to pay a greater sum for or on account of such house, building or other improvement than the price or sum stipulated in said original contract or agreement, unless payments be made to the original contractor, or to his order, in violation of the rights and interests of the persons intended to be benefited by section 35 of this act: Provided, if it shall appear to the court that the owner and contractor fraudulently, and for the purpose of defrauding subcontractors, fixed an unreasonably low price in their original contract for the erection or repairing of such building, then the court shall ascertain how much of a difference exists between a fair price for the labor and material used in said building or other improvements and the sum named in said original contract. Said difference shall be considered a part of the contract, and be subject to a lien, but in no case shall the original contractors' time or profits be secured by this lien only so far as the sum named in the original contract or agreement.

"Section 30. Notice-Form. The person performing such labor or furnishing such material shall cause a notice in writing to be served on such owner or his agent, substantially in the following form:

To

You are hereby notified that I have been enployed by to (here state whether to labor or furnish material, and substantially the nature of the undertaking or demand) upon your (here state the building and where situated in general terms), and that I shall hold the (building, or as the case may be,) and your interest in the grounds liable for the amount that (is or may become) due me on account thereof.

Signature .....

Date Provided, such notice shall not be necessary where the sworn statement of the contractor provided for in section 35 of this act shall serve to give the owner true notice of the amount due, and to whom due."

"Section 35. The original contractor shall, whenever any payment of money shall become due from the owner, or whenever he desires to draw any money from the owner, lessee or his agent on such contract, make out and give to the owner, lessee or his agent, a statement, under oath, of the number, name of every sub-contractor, mechanics or workmen in his employ, or person furnishing materials, giving their names and the rate of wages or the terms of contract, and how much, if anything, is due or to become due to them or any of them for work done or materials furnished, and the owner, lessee or his agent shall retain out of any money then due or to become due to the contractor an amount sufficient to pay all demands that are due or to become due such sub-contractors, mechanics and workmen or person furnishing materials, as shown by the contractor's statement, and pay the same to them, according to their respective rights, and all payments so made shall, as between such owner and contractor, be considered the same as if paid to such original contractor. Until the statement provided for

in this section is made in manner and form as herein provided, the contractor shall have no right of action or lien against the owner on account of such contract, and any payment made by the owner before such statement is made, or without retaining sufficient money, if that amount be due or is to become due, to pay the sub-contractors, mechanics, workmen or persons furnishing materials, as shown by the statement, shall be considered illegal, and made in violation of the rights of the persons intended to be benefited by this act, and the rights of such sub-contractors, mechanics, workmen or persons furnishing material to a lien shall not be affected thereby. In order that the owner, lessee or his agent may be protected, he may, at any time during the progress of the work, demand. in writing of the contractor the statement herein provided for, which shall be made by the contractor and given to the owner, lessee or his agent, and if such contractor fail to furnish such statement within five days after demand made, he shall forfeit to such owner the sum of fifty dollars ($50) for every such offense, which may be recovered in any action of debt before any justice of the peace.'

§ 2. That sections thirty-six (36), forty-two (42), forty-three (43) and forty-four (44) of said act, and all other acts or parts of acts in conflict herewith, be and the same are hereby repealed. APPROVED June 16, 1887.

LOCKS AND DAMS.

IN ILLINOIS RIVER, CEDED TO UNITED STATES.

1. Cedes the locks and dams in the Illi- § 2. Emergency.
nois river to the United States upon
conditions.

AN ACT to cede certain locks and dams in the Illinois river to the

United States.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That the locks and dams in the Illinois river, built by the State of Illinois, and all privileges and appurtenances belonging thereto, are hereby ceded to the United States upon the following express conditions, viz: The acceptance of this grant shall be construed as an agreement, on the part of the United States, to make the necessary improvements (to be determined by United States engineers) for a complete water-way for steam navigation (water seven (7) feet deep) from the Mississippi river to Lake Michigan, by way of the Illinois river, the Desplaines river, the Illinois and Michigan canal, or in part by each, or otherwise, as may be deemed most practical by said engineers. A further condition is, that when said improvements shall be completed, the

water-way opened thereby shall be maintained for commercial purposes, to be used by all persons without distinction, subject to such rules and regulations as Congress may prescribe.

§ 2. Whereas the subject matter of this bill is now pending before Congress, an emergency exists, therefore this act shall take effect and be in force from and after its passage.

APPROVED May 31, 1887.

LUNATICS.

CONSERVATORS.

§ 1. Amends the act of 1874, by adding five sections and amending the title. Section 24. Appointment of conservators.

Section 25. Bond; powers and duties. Section 26. Removal of conservator upon the restoration of lunatic to health.

Section 27. Notice of application for removal.

Section 28. Trial by jury; verdict, settlement of accounts of conservators. Section 29. Costs taxed against conservator.

Section 30. Appeals.

AN ACT to amend an act entitled "An act to revise the law in relation to the commitment and detention of lunatics," approved March 21, 1874, in force July 1, 1874, by amending the title thereof, and by adding additional sections to be known as sections 24, 25, 26, 27, 28, 29 and 30.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That "An act to revise the law in relation to the commitment and detention of lunatics," approved March 21, 1874, in force July 1, 1874, be amended by adding additional sections to be known as sections 24, 25, 26, 27, 28, 29 and 30, and that the title thereof be amended so as to read as follows: "An act to revise the law in relation to the commitment and detention of lunatics, and to provide for the appointment of, and removal of conservators."

"Section 24. That when it shall appear to the court, upon any trial wherein any person may be adjudged insane under the act to which this is an amendment, that any such person is the owner or possessed of any property, either real or personal, which, in the opinion of such court is in danger of waste or depreciation, it shall be the duty of the court to appoint some fit person to be the conservator of such insane person; or in case there is a probate court in the county then the court shall transmit to said probate court a duly certified copy of the record of the verdict of the jury finding said person insane, and upon presentation of the same said probate court shall in its discretion appoint some fit person to be conservator of such insane person: Provided, that the petition for an inquest shall also apply for the appointment of a conservator and the

necessity for the appointment of such conservator shall first be found by the jury, and such trial shall be had before a jury composed of twelve jurors.

"Section 25. That said conservator when so appointed shall give bond, qualify, have the same power and discharge the same duties as are now required by law of conservators in other cases.

"Section 26. When any person for whom a conservator has been appointed as aforesaid shall be discharged from any hospital [in] which he or she may have been confined, and shall be restored to reason so as to be able to manage and control his or her property, such person may file his petition, in writing, in the county court of the county in which such conservator was appointed, to have such conservator removed and the care and management of his property restored to him."

"Section 27. Notice of such application shall be given by service of summons as in other cases, ten days before the commencement of the term of court to which application shall be made.

"Section 28. It shall be the duty of the court to which any such application is made, on proof that such conservator has been duly notified of such application, to cause a jury to be summoned to try the issue whether such applicant is so far restored to reason as to be a fit person to have the custody and control of his property, and if the jury returns in their verdict that such person is fit to have the custody of his property as aforesaid, the court shall enter an order removing such conservator and fully restoring such person to all rights and privileges enjoyed by him before the appointment of such conservator: Provided, that such conservator so removed shall be allowed a reasonable time to settle his accounts as such, and pay all debts contracted by him, and pass over the money or property remaining in his hands, and such removal shall not invalidate any contracts made in good faith by such conservator while acting as such.

"Section 29. The costs of proceedings under this act for the removal of conservators, including the fees of the jury, shall be taxed against such conservator, to be paid by him out of the money or property in his hands.

"Section 30. Appeals shall be allowed to the circuit court from any order or judgment made or rendered under this act, upon the applicant giving such bond and security within such time as the

court may direct."

APPROVED June 15, 1887.

§ 1. Amends section 1 of the act of 1874, by prohibiting the marriage of cousins of the first degree.

AN ACT to amend section one of "An act to revise the law in relation to marriages," approved February 27, 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 one of "An act to revise the law in relation to marriages," approved February 27, 1874, in force July 1, 1874, be amended to read as follows:

"Section 1. That hereafter marriages between parents and children, including grand-parents and grand-children of every degree, between brothers and sisters of the half, as well as the whole blood, between uncles and neices, aunts and nephews, and between cousins of the first degree, are declared to be incestuous and void. This section shall extend to illegitimate as well as legitimate children and relations."

AN ACT to regulate the practice of medicine in the State of Illinois. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That no person shall practice medicine in any of its departments in this State unless such person possesses the qualifications required by this act. If a graduate in medicine, he shall present his diploma to the State Board of Health for verification as to its genuineness. If the diploma is