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assessment or installments and interest together with his warrants; or, in case of an assessment levied to be paid by installments with a brief description of the nature of the warrant or warrants received by him authorizing the collection thereof, which report shall be accompanied with the oath of the collector that the list is a correct return and report of the land, town lots and real property on which the special assessment (or special tax levied by the authorty of the city of...

or town or village.... ...as the case may be), or installments thereof, or interest, remaining due and unpaid; that he is unable to collect the same, or any part thereof, and that he has given notice required by law that such warrants have been received by him for collection; Provided, that in cities of this State having a population of one hundred thousand (100,000) or more by the last preceding census of the United States or of this State, it shall be the duty of the officer authorized to collect special assessments or special taxes for said city to make the aforesaid report in writing to the county collector of said county on or before the first day of August in each year, instead of on or before the first day of April in each year as above provided."

"S 67. When such general officer shall receive the report above provided for, he shall proceed to obtain judgment against said lots and parcels of land and property for said special assessments and said special taxes, or installments thereof, and interest remaining due and unpaid, in the same manner as is or may be by law provided for obtaining judgment against lands for taxes due and unpaid the county or State; and shall in the same manner proceed to sell the same for the said special assessments, special taxes, or installments thereof, and interest remaining due and unpaid. In obtaining such judgments and making such sale, the said officer shall be governed by the general revenue law of the State, except when otherwise provided herein. No application for judgment against lands for unpaid special taxes or special assessments shall be made at a time different from the annual application for judgment against lands upon which general taxes remain due and unpaid. The application for judgment upon delinquent special assessments or special taxes in each year shall include only such special assessments, special taxes, or installments thereof, and interest as shall have been returned as delinquent to the county collector on or before the first day of April in the year in which said application is made: Provided, that such judgment of sale shall include interest on matured installments up to the date of such judgment, as herein provided: Provided, further, that in cities in this State having a population of one hundred thousand (100.000) or more by the last preceding census of the United States or of this State, no application for judgment against any lot, block, tract or parcel of land for unpaid special taxes or special assessments shall be made before the September term of court. The application for judgment upon delinquent special assessments or special taxes in each year shall include only such special assessments, special taxes, or installments thereof, and interest, as shall have been returned as delinquent to the county collector on or before the first day of August in the year in which said application is made, and marked on the general tax books of the county collector on or before the tenth day of March, as provided in

section 64a hereof. Provided, further, that such judgment of sale shall include interest on matured installments up to the date of such judgment, as herein provided.

FILED June 29, 1917.

This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being in session, it has thereby become a law. Witness my hand this twenty-ninth day of June, A. D. 1917. LOUIS L. EMMERSON, Secretary of State.

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(SENATE BILL No. 485. FILED JUNE 28, 1917.)

AN ACT to amend sections 23, 30, 31 and 49 of an Act entitled, "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, as subsequently amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 23, 30, 31 and 49 of an Act entitled "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, as subsequently amended, be and they are hereby amended and made to read as follows:

§ 23. Upon the return of said summons, or as soon thereafter as the business of the court will permit, the court shall proceed to a hearing of the said cause, and shall impanel a jury to ascertain the just compensation to be paid to all such owners of property to be taken or damaged; and if objections shall be filed to the confirmation of the assessment of benefits, such objections shall be submitted to the same jury at the same time; and thereupon such jury shall ascertain the just compensation to be paid to the owner of each lot, block, tract or parcel of land to be taken or damaged in said proceeding, and shall also determine whether or not any lot, piece or parcel of land assessed in said proceeding, for which objections have been filed, has been assessed more than it will be benefited by said improvement, and on such hearing the commissioners' report so returned and filed as aforesaid, shall be prima facie evidence, both of the amount of the compensation to be awarded, and of the benefits to be assessed, and either party may introduce such other evidence as may bear upon the said issue or issues."

" 30. Any final judgment or judgments, rendered by said court, upon any finding or findings of any jury or juries or of any judge or judges where trial by jury is waived by the parties concerned, shall be a lawful and sufficient condemnation of the land or property to be taken, upon the payment of the net amount of such finding, as hereinafter provided. It shall be final and conclusive as to the damages and benefits caused by such improvement, unless such judgment or judgments shall be appealed from; but no appeal or writ of error upon the same shall delay proceedings under said ordinance, if the petitioner shall file in the

case its written election to proceed with the improvement notwithstanding such appeal or writ or error and shall deposit, as directed by the court, the amount of judgment and costs, after deducting the benefits assessed and adjudged against such property, if any. If the petitioner so elects to make such deposit prior to the final determination of any appeal or writ of error, it shall thereby become liable to pay to the owner or owners of and parties interested in the property in question, the difference if any between the amount so deposited and the amount ultimately adjudged to be the just compensation to be paid on account of such property, and interest on any such difference at the rate of five. (5) per cent per annum from the date of the making of such deposit, and costs."

" 31. The court, upon proof that the amount of said just compensation, so found by the jury or by the court in case a trial by jury is waived by the parties concerned, (in excess of the benefits so assessed and adjudged against the same property), has been paid to the person entitled thereto, or has been deposited as directed by the court, shall enter an order that the petitioner shall have the right, at any time thereafter. to take possession of or damage the property, in respect to which compensation shall have been so paid or deposited as aforesaid. Such order shall not be appealable as a separate order, if the same be entered in time to be made a part of the record on appeal or writ of error from the judgment, or before the cause is taken under advisement upon hearing by the Supreme Court, but may be reviewed upon appeal or writ of error from the judgment.

"S 49. If it be objected on the part of any property assessed for such improvement, that it will not be benefited thereby to the amount. assessed thereon, and that it is assessed more than its proportionate share of the cost of such improvement, and a jury be not waived by agreement of parties, the court shall impanel a jury to try the said issue, and in such case, unless otherwise ordered by the court, all such objections shall be tried and disposed of before a single jury. The assessment roll, as returned by the officer making the same, or as revised and corrected by the court on the hearing of the legal objections, shall be prima facie evidence of the correctness of the amount assessed against each objecting owner but shall not be counted as the testimony of any witness or witnesses in the cause. Such assessment roll may be submitted to the jury and may be taken into the jury room by the jury when it retires to deliberate on its verdict. Either party may introduce such other evidence as may bear upon the said issue or issues. The hearing shall be conducted as in other cases at law, and if it shall appear that the premises of any objector are assessed more than they will be benefited by the said improvement or more than its proportionate share of the cost of such improvement, the jury shall so find, and shall also find the amount for which such premises ought to be assessed, and judgment shall be rendered accordingly.

§ 2. Said sections 23, 30, 31 and 49 as amended by this Act shall apply to all proceedings brought under said Act entitled "An Act concerning local improvements," which may be pending when this Act

takes effect as well as to proceedings which may be instituted under said Act thereafter.

FILED June 28, 1917.

This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being in session, it has thereby become a law. Witness my hand this twenty-eighth day of June, A. D. 1917. LOUIS L. EMMERSON, Secretary of State.

LOCAL IMPROVEMENTS.

§ 1. Amends Act of 1897, by adding section 33b.

§ 33b. Provides for levy of direct annual tax of not more than three mills on the dollar in addition to other taxes levied warrants how drawn.

(HOUSE BILL No. 541. FILED JUNE 28, 1917.)

AN ACT to amend an Act entitled, "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, by adding thereto section 33-B.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That an Act concerning local improvements, approved June 14, 1897, in force July 1, 1897, be amended by the addition thereto of section 33-B, which said section 33-B, shall read as follows, to-wit:

§ 33-B. Any city, village or incorporated town, having over 15,000 and not more than 200,000 inhabitants, may provide by ordinance for the levy in addition to the taxes now authorized by law, a direct annual tax for not exceeding twenty successive years and not exceeding three mills on the dollar, of all taxable property in such city, town or village, the same to be levied and collected with and in like manner as the general tax in such city, town or village, and to be known as the public benefit tax, which fund shall be used solely for the purpose of paying that portion of the several amounts heretofore assessed against such municipality for public benefits as well as for paying any such amounts as may be hereafter so assessed for such benefits under and in pursuance of any ordinance that may be hereafter passed.

Where any such tax shall have been so levied, warrants may be drawn against the same, as and in the manner and with like force and effect as is provided in and by an Act of the General Assembly of the State of Illinois, entitled, "An Act to provide for the issuing of warrants upon the treasurer of any county, township, city, school district or municipal corporation and jurors certificates," approved May 31, 1879, in force July 1, 1879, and all amendments thereto.

FILED June 28, 1917.

This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being in session. it has thereby become a law. Witness my hand this twenty-eighth day of June, A. D. 1917. LOUIS L. EMMERSON, Secretary of State.

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AN ACT to amend sections 14, 92, 93 and 94 of an Act entitled, “An Act concerning local improvements," approved June 14, 1897, and in force July 1, 1897, as subsequently amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 14, 92, 93 and 94 of an Act entitled "An Act concerning local improvements," approved June 14, 1897, in force July 1, 1897, as subsequently amended, be and the same are hereby amended, said sections as amended to read as follows:

§ 14. CONTENTS OF PETITION COMMISSIONERS.] Such petition shall contain a reasonably accurate description of lots, blocks, tracts and parcels of land which shall be taken or damaged. There shall be filed. with or attached to such petition a copy of said ordinance, certified by the clerk, under the corporate seal, but the failure to file such copy shall not affect the jurisdiction of the court to proceed in said cause, and to act upon said petition; but if it shall appear in any such cause that a copy of the ordinance has not been attached to or filed with said petition before the report of the commissioners shall be filed, as provided in section 15, then, upon motion of any person whose real estate is to be taken, or to be assessed, the entire petition and proceedings shall be dismissed. Upon the filing of the petition the court shall enter an order designating two competent persons as commissioners, to act with the superintendent of special assessments (where such officer is provided for by this Act and in other cases the president of said board of local improvements) who shall investigate and report to the court the just compensation to be made to the respective owners of private property which shall be taken or damaged for the said improvement, and also what real estate will be benefited by such improvement, and the amount of such benefits to each parcel. Neither shall be employees of the petitioning municipality and both shall be disinterested persons. They shall be allowed a fee for their services which shall be fixed by the court in advance, and the amounts so allowed may be reviewed by the court upon motion, and may be taxed as costs and included in the amount to be assessed, provided, however, that in cities of this State having a population of one hundred thousand (100,000) or more by the last preceding census of the United States or of this State, the fee of said commissioners shall be paid by the city out of its general fund, except that the fees of said commissioners may be included among the expenses to be defrayed out of the sum not to exceed five per centum of the amount of the assessment, for which provision is

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