in all cases be taken and be deemed to be included in and a part of all judgments hereafter given or made directing the imprisonment of such persons in a county jail.

ILLINOIS.

CONSTITUTION.

ARTICLE 4.-Protection of miners. (a)

SECTION 29. It shall be the duty of the general assembly to pass such laws as may be necessary for the protection of operative miners, by providing for ventilation, when the same may be required, and the construction of escapement shafts, or such other appliances as may secure safety in all coal mines, and to provide for the enforcement of said laws by such penalties and punishments as may be deemed proper.

ARTICLE 4.-Exemption from execution, etc.

SEC. 32. The general assembly shall pass liberal homestead and exemption laws.

SEPARATE SECTIONS.-Convict labor.

Hereafter it shall be unlawful for the commissioners of any penitentiary or other reformatory institution in the State of Illinois, to let by contract to any person or persons, or corporations, the labor of any convict confined within said institution. [This section was submitted to the voters at the election in November, 1886, as an amendment, was adopted, and became a part of this constitution.]

REVISED STATUTES OF 1891.

CHAPTER 3.-Wages preferred-In administration.

SECTION 70. All demands against the estate of any testator or intestate shall be divided into classes, in manner following, to-wit:

First. Funeral expenses and necessary cost of administration.

Second. The widow's award, if there is a widow; or children, if there are children, and no widow.

Third. Expenses attending the last illness, not including physician's bill, and demands due common laborers, or household servants of deceased for labor.

CHAPTER 6.-Employment of aliens on public works.

SEC. 12. It shall be unlawful for any board or commission, or any officer or other person acting for the State, or for any county, township, city, village, district, or other municipality in the State, or any contractor, or subcontractor, under any or either of said municipalities, to employ any person or persons, other than native born or naturalized citizens, or those who have in good faith declared their intentions to become citizens of the United States, when such employees are to be paid, in whole or in part, directly or indirectly, out of any funds raised by taxation. SEC. 13. It shall be the duty of any person or persons employing labor or other services, to be paid for, in whole or in part, directly or indirectly, out of any funds raised by taxation, to file with the treasurer or disbursing officer of such funds a certificate showing to the best of his knowledge and belief that the persons so employed are citizens of the United States, or have in good faith declared their intentions to become such citizens, or are of such age or sex that they can not declare their intentions to become citizens, or can not be formally declared to be citizens by an order of a court of record.

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SEC. 14. Any treasurer or disbursing officer, who shall knowingly or willfully pay out any of the funds in his hands, raised by taxation, to any person not a native born or naturalized citizen, or who has not in good faith declared his intentions to become a citizen, for labor or any other services, shall be liable to the municipality to which such funds belonged for the amount so paid, to be recov ered in any court of competent jurisdiction: Provided, That when such payment is made on the requisite certificate of the employer, no liability shall attach to such treasurer or disbursing officer.

a See Decision, page 1268.

SEC. 15. Any employer, contractor or subcontractor, or other person, whose employees are to be paid in whole or in part, directly or indirectly from funds raised by taxation, who shall knowingly or negligently make false certificate that said employees are native or naturalized citizens, or have declared their intentions to become citizens for the purpose of drawing such funds or any part thereof, shall be personally liable to the municipality to which such funds belonged for the amort so drawn, and any alien who earns wages, the pay for which is to come out of any such public funds by falsely representing that he is a native or naturalized citizen, or has declared his intention to become a citizen, shall forfeit the amount so earned. Such contract is declared null and void.

SEC. 16. Whenever any employer, contractor or subcontractor, by written_or oral information, or from any source has reason to believe that he has in his employ persons other than native or naturalized citizens, or those who have in good faith declared their intentions to become citizens, whose pay is to be drawn in whole or in part, directly or indirectly, from such public funds, he shall at once investigate the matter, and if he shall find said information to have been correct, he shall discharge such employee or employees, and a failure to do so shall render him liable to the municipality for any of such funds paid to such alien SEC. 17. În all cases where an alien, after filing his declaration of intention to become a citizen of the United States, shall, for the space of three months after he could lawfully do so, fail to take out his final papers and complete his citizenship, such failure shall be prima facie evidence that his declaration of intentions was not made in good faith.

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CHAPTER 10 a.-Wages preferred-In assignments.

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SEC. 6. * * Provided, however, That all claims for the wages of any laborer or servant, which have been earned within the term of three months next preceding the making of such assignment [for the benefit of creditors], and which have been filed within said terin of three months after such assignment, and to which no exception has been made, or to which exceptions have been made and the same have been adjudicated and settled by the court, shall, after the payment of the costs. commissions and expenses of assignment, be preferred, and first paid to the exclusion of all other demands and claims: Provided, further, That such claims for wages of any laborer or servant, shall recite upon their face that they are for such wages, and when exceptions are taken to such claims, the said court, in adjudicating and settling the same, shall find that the claim so adjudicated and settled, is for wages of such laborer or servant.

CHAPTER 12.-Liens on vessels.

SEC. 1. Every sail vessel, steamboat, steam dredge, tug boat, scow, canal boat, barge, lighter, and other water craft of above five tons burthen, used or intended to be used in navigating the waters or canals of this State, or used in trade and commerce between ports and places within this State, or having their home port in this State, shall be subject to a lien thereon, which Hen shall extend to the tackle, apparel and furniture of such craft, as follows:

First-For all debts contracted by the owner or part owner, master, clerk, steward, agent or shipshusband of such craft, on account of supplies and provisions furnished for the use of such water craft, on account of work done or services rendered on board of such craft by any seaman, master or other employee thereof, or on account of work done or materials furnished by mechanics, tradesmen or others, in or about the building, repairing, fitting, furnishing or equipping such craft.

Third-For sums due for towage, labor at pumping out or raising, when sunk or disabled, and to shipshusband or agent of such watercraft, for disbursements due by the owner on account of such watercraft.

SEC. 3. Any such lien may be enforced in the manner herein provided at any time within five years: Provided, No creditor shall be allowed to enforce such lien as against or to the prejudice of any other creditor or subsequent incumbrancer, or bona fide purchaser, unless proceedings be instituted to enforce such lien within nine months after the indebtedness accrues or becomes due.

SEC. 4. The person claiming to have a lien under the provisions of this act may file with the clerk of any court of record of competent jurisdiction, in the county where any such water craft may be found, a petition setting forth the nature of his claim, the amount due after allowing all payments and just offsets, the name of

the water craft, and the name and residence of each owner known to the petitioner; and when any owner or his place of residence is not known to the petitioner, he shall so state, and that he has made inquiry and is unable to ascertain the same; which petition shall be verified by affidavit of the petitioner or his agent or attor ney. If the claim is upon an account or instrument in writing, a copy of the same shall be attached to the petition.

SEC. 5. The petitioner, or his agent or attorney, shall also file with such petition a bond, payable to the owner of the craft to be attached, or, if unknown, to the unknown owners thereof, in at least double the amount of the claim, with security to be approved by the clerk, conditioned that the petitioner shall prosecute his suit with effect, or, in case of failure therein, will pay all costs and damages which the owner or other person interested in such water craft may sustain, in consequence of the wrongful suing out of such attachment, which bond may be sued by any owner or person interested, in the same manner as if it had been given to such person by his proper name. Only such persons shall be required to join in such suit as have a joint interest; others may allege breaches and have assessment of damages, as in other cases of suits on penal bonds.

SEC. 6. Upon the filing of such petition and bond as aforesaid, the clerk shall issue a writ of attachment against the owners of such water craft, directed to the sheriff of this county, commanding him to attach such water craft, which writ shall be tested and returnable as other writs of attachments. Such owners may be designated by their reputed names, by surnames, and joint defendants by their separate or partnership names, or by such names, styles or titles as they are usually known. If the name of any owner is unknown, he may be designated as unknown owner. SEC. 11. Any person having a lien upon or any interest in the water craft attached, may intervene to protect such interest, by filing a petition as hereinbefore provided, entitled an intervening petition; and any person interested may be made a defendant at the request of himself, or any party to the suit, and may defend any petition by filing an answer as hereinafter provided, and giving security, satisfactory to the court, to pay any costs arising from such defense; and upon the filing of any intervening petition, a summons, as herein before provided, shall issue; and if the same shall be returned not served, notice by publication may be given as aforesaid; and several intervening petitioners may be united with each other, or the original, in one notice.

SEC. 12. Any person intervening to enforce any lien or claims adverse to the owners of the craft attached shall, at the time of filing his petition, file with the clerk a bond as in the case of original attachment.

SEC. 13. Intervening petitions may be filed at any time before the vessel is bonded, as provided in section fifteen (15); or, if the same is not so bonded, before order for distribution of the proceeds of the sale of the craft. And the same proceeding shall thereupon be had as in the case of claims filed before sale.

SEC. 14. All liens upon any water craft which shall not be filed hereunder before sale under decree or judgment, as hereinafter provided, shall cease.

SEC. 30. In an action brought before a justice of the peace against the owner of any boat to recover any debt contracted by such owner, or by the master, agent, clerk or consignee thereof, for supplies furnished or for labor done in, about or on such boat, or for materials furnished in building, repairing, fitting out, furnishing or equipping the same, or to recover for the nonperformance of any contract relative to the transportation of persons or property thereon, made by any of the persons aforesaid, or to recover injuries to persons or property by such boat, or the officers or the crew thereof, done in connection with the business of such boat, an attachment may issue against such boat as hereinafter provided.

SEC. 42. Any raft found in the waters of this State shall be liable to attachment for all debts contracted by the owner, agent, clerk or pilot thereof, on account of work done, services rendered, or supplies furnished for such raft; and the action may be brought directly against the raft, and the same rules shall govern, and the same process shall be had in such action as are in this act prescribed for actions against boats before justices of the peace.

SEC. 46. No lien shall be allowed under this act in proceedings before justices until the levy of the writ of attachment, and then only as against owners, subsequent purchasers and creditors; and, except as herein provided, the practice and proceedings shall be the same as in other civil actions in justices' courts.

CHAPTER 13.-Attorney's fee in suits for wages. (a)

SEC. 13. Whenever a mechanic, artisan, miner, laborer, or servant, or employee, shall have cause to bring suit for his or her wages earned and due, and owing

a See Decision, page 1268.

according to the terms of the employment, and he or she shall establish by the decision of the court or jury that the amount for which he or she has brought suit is justly due and owing, and that a demand has been made in writing at least three days before suit is brought, for a sum not exceeding the amount so found due and owing, then it shall be the duty of the court before which the case shall be tried to allow to the plaintiff, when the foregoing facts appear, a reasonable attorney fee, in addition to the amount found due and owing for wages, and in justice court such attorney's fee shall not be less than $5, and in the county or circuit court, not less than $10, to be taxed as costs of suit.

CHAPTER 17a.—Board of commissioners of labor.

SEC. 1. It shall be the duty of the governor with the advice and consent of the Senate, to appoint a board of commissioners of labor, to consist of five members, who shall hold office for two years, three of whom shall be manual laborers, the remaining members of the commission shall be manufacturers or employers of labor in some productive industry, and they shall meet annually state capital, *

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SEC. 2. The duties of such board shall be to collect, assort, systematize and present in biennial report to the General Assembly, statistical details relating to all departments of labor in the State, especially in its relations to the commercial, industrial, social, educational and sanitary conditions of the laboring classes, and to the permanent prosperity of the mechanical manufacturing and productive industry of the State.

CHAPTER 23.-Industrial home for the blind.

SEC. 71. For the manual training and furnishing of employment to the blind, a corporation is hereby created, to be known and designated as the Illinois Industrial Home for the Blind, and to have perpetual succession, with power to contract and be contracted with, to sue and be sued, to plead and be impleaded, to receive by any legal mode of transfer or conveyance, and to have, hold and use property of every description, but not to sell or convey any such property, except the goods, wares, merchandise and other personal property prepared by said home for sale, and such property shall be held in trust as the property of the State; also to have and to use a common seal, with the power to change the same; also to adopt by-laws, rules and regulations for the government of its members, officers, agents, employees and inmates: Provided, Such by-laws shall not be contrary to the letter or spirit of the constitution of the State of Illinois, or of the United States. SEC. 72. The object of said corporation shall be to promote the welfare of the blind by teaching them trades and affording them a home and such employment as shall best tend to make them self-supporting and consequently independent, using therefor the best known means and appliances.

CHAPTER 24.-Tenement and lodging houses--Construction of, etc.

SEC. 303. It shall be the duty of any architect or architects, builder, or builders of, or other person or persons interested in any projected tenement, lodging house, or other places of habitation, in any incorporated city of fifty thousand (50.000) inhabitants, to submit plans and specifications of any such building or buildings to the health commissioner or cominissioners of such incorporated city; that the said health commissioner or commissioners may examine the said plans and specifications, for his or their approval or rejection, as to the proposed plans for the ventilation of rooms, light and air shafts, windows, ventilation of waterclosets drainage and plumbing.

SEC. 304. It shall be the duty of any plumber or other person or persons interested in the contract for the plumbing work of such building or buildings, to receive a written certificate of instruction from the health commissioner or commissioners before commencing work on the said building or buildings, and to proceed according to the plans, specifications and instructions, as approved by the health commissioner or commissioners of said city.

SEC. 305. It shall be the duty of any plumber or other person or persons interested in the plumbing work, after the completion of said plumbing work, and before any of the said plumbing work is covered up in any building or buildings, or on the premises connected with said building or buildings, to notify in writing the health commissioner or commissioners, that said building or buildings, or other premises are now ready for inspection, and it shall be unlawful for any plumber or other person or persons to cover up, or in any way conceal such plumbing work in or about such building or buildings, until the health commissioner or commissioners approve of the same.

SEC. 306. If any architect or architects, builder or builders, violate the provisions of this act, he or they shall be fined in a sum not less than one hundred (100) nor more than two hundred (200) dollars for each offense.

SEC. 307. If any plumber or other person or persons interested in the plumbing work, violate any of the provisions of this act, he or they shall be fined in the sum not less than one hundred (100) nor more than two hundred (200) dollars for the first offense, and the further penalty of ten dollars ($10) for each and every day such plumbers or other interested person or persons shall, after first conviction, neglect or refuse to comply with any provisions of this act, or the written instructions of the health commissioner or commissioners, and for the second offense, a like penalty and a forfeiture of his or their license to do business in said city for one (1) year after conviction.

CHAPTER 24.-Examination, licensing, etc., of stationary engineers.

SEC. 424. The city council in cities, and the president and board of trustees in towns and villages, shall have power to adopt ordinances within their respective limits, to provide for the examination, licensing and regulation of persons having charge of steam boilers under steam pressure, exhausting through an engine, to fix the amount, terms and manner of issuing and revoking licenses to such persons; to provide that it shall not be lawful for any person to exercise, within the limits of the respective cities, towns and villages which may adopt such ordinances, the business of operating steam boilers, under steam pressure, exhausting through an engine, without a license; and to provide that any person violating the provisions of such ordinances shall be liable to a penalty for each breach thereof.

SEC. 425. To require that all persons engaged in such occupation within the jurisdiction of such towns, cities and villages, so adopting such ordinances, shall submit to an examination by a competent board of examiners to be appointed by such councils and boards of trustees, touching their competency and qualifications in regard to such vocations, with power to such board of examiners to license such persons as may be found capable and trustworthy in that behalf.

CHAPTER 32.-Cooperative associations.

SEC. 103. Whenever any number of persons not less than three nor more than seven, may desire to become incorporated as a cooperative association for the purpose of prosecuting any branch of industry, they shall make a statement to that effect under their hands and seals, duly acknowledged before some officer in the manner provided for the acknowledgment of deeds, setting forth the name of the proposed corporation, its capital stock, its location, and duration of the association, and the particular branch of industry which they intend to prosecute, which statement shall be filed in the office of the secretary of state. The secretary of state shall thereupon issue to such persons a license as commissioners to open books for subscription to the capital stock of such associations, at such time and place as they may determine. No license shall be issued to two associations of the same name. The name of the city, village or town in which the association may be located shall form no part of the name.

SEC. 104. No person shall be permitted to subscribe more nor less than one share to the capital stock of such association, nor shall any person be permitted in any manner to own or control more or less than one share in such association.

SEC. 105. As soon as ten shares or more of the capital stock shall be subscribed, the commissioners shall convene a meeting of the subscribers for the purpose of electing directors, adopting by-laws and transacting such other business as shall properly come before them. Notice thereof shall be given by depositing in the post office, properly addressed to each subscriber, at least ten days before the time fixed, a written or printed notice, stating the object, time and place of such meeting. Directors of associations organized under this act shall be elected, classified, and hold their office for such period of time as is provided by general law governing the election and classification of directors, trustees or managers of corporations. SEC. 106. The commissioners shall make a full report of their proceedings, including therein a copy of the notice provided for in the foregoing section, a copy of the subscription list, a copy of the by-laws adopted by the association, and the names of the directors elected and their respective terms of office, which report shall be sworn to by at least a majority of the commissioners, and shall be filed in the office of the secretary of state. The secretary shall thereupon issue a certificate of the complete organization of the association, making a part thereof a copy of all papers filed in his office in and about the organization of the corporation, and duly authenticated under his hand and seal of state; and the same shall be recorded