further, that all fees and costs arising from the prosecution of convicts for crimes committed in the penitentiary, which the county is now required to pay in like cases, shall be paid by the State.

§ 2.

Whereas an emergency exists, the bill shall take effect and be in force on and after its passage.

APPROVED June 29, 1885.

SOUTHERN PENITENTIARY.

§ 1. Adds section 15 to the act of 1877, concerning jurisdiction of crimes committed in the

penitentiary.

AN ACT to amend an act entitled "An act to locate, construct and carry on the Southern Illinois Penitentiary," approved May 24, 1877, in force July 1, 1877.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That "An act to locate, construct and carry on the Southern Illinois Penitentiary," approved May 24, 1877, in force July 1, 1877, be amended by the addition of a section, to be numbered section 15, said section to read as follows:

"Section 15. The several courts of Randolph county, having criminal jurisdiction, shall take cognizance of all crimes committed within the Southern Illinois Penitentiary by the convicts therein confined, and said courts shall try and punish all such convicts charged with such crimes, in the same manner and subject to the same rules and limitations as are now established by law in relation to other persons charged with crimes in said county, but, in case of conviction, the sentence of said convict shall not commence to run until the expiration of the sentence under which he is then held in confinement in said penitentiary: Provided, that in case such convict shall be sentenced to punishment by death, such sentence shall be executed at such time as the court shall fix, without regard to the sentence under which such convict may be held in said penitentiary: Provided, further, that all fees and costs arising from the prosecution of convicts for crimes committed in said penitentiary, which the county is now required to pay in like cases, shall be paid by the State."

APPROVED June 29, 1885.

§ 1.

FEE BILL IN APPELLATE COURT.

Amends section 83, act 1872, by authorizing the clerk of the Appellate Court to issu fee bills, in cases taken to Supreme Court and by that court reversed and remanded..

AN ACT to amend section eighty-three (83) of an act entitled “An act in regard to practice in courts of record," approved February 22, 1872.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section eighty-three (83) of an act entitled "An act in regard to practice in courts of record," approved February 22, 1872, be amended so as to read as follows:

"Section 83. When any cause or proceeding either at law or in chancery is remanded by the Supreme Court or Appellate Court, as the case may be, for a new trial or hearing by the court in which such cause was originally tried, the Supreme Court, or Appellate Court, as the case may be, shall issue its mandate reversing and remanding such cause directly to such trial court; and upon a transcript of the order of the Supreme Court, or Appellate Court, as the case may be, remanding the same, being filed in the court in which such cause was originally tried, and not less than ten days notice thereof being given to the adverse party or his attorney, the cause or proceeding shall be reinstated therein. In case of non-resident parties, or parties who cannot be found, so that personal notice cannot be served upon them, the notice may be given as in cases in chancery or as may be directed by the court. In case of reversal and remandment by the Supreme Court of any cause removed thereto from the Appellate Court, upon the filing in such Appellate Court of a certificate of such reversal and remandment, the clerk of the Appellate Court shall have the right to issue a fee bill for all such costs as accrued in said Appellate Court and did not abide the final action in the Supreme Court."

APPROVED June 27, 1885.

RAILROADS.

CONSOLIDATION.

1. Extension of lines beyond the limits of § 2. May borrow money, issue bonds, mort this State.

gage property, increase capital stock; restrictions under this act; Illinois Central charter.

AN ACT to increase the powers of railroad corporations.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all railroad companies now organized, or hereafter to be organized, under the laws of this State, which

now are, or hereafter may be, in possession of and operating in connection with or extension of their own railway lines, any other railroad or railroads in this State, or in any other State or States, or owning and operating a railroad which connects at the boundary line of this State with a railroad in another State, are hereby authorized and empower d to purchase and hold in fee simple or otherwise, and to use and enjoy, the railway property, corporate rights and franchises of the company or companies owning such other road or roads, upon such terms and conditions as may be agreed upon between the directors and approved by the stockholders, owning not less than two-thirds in amount of the capital stock of the respective corporations becoming parties to such purchase and sale; such approval may be given at any annual or special meeting, upon sixty days' notice being given to all shareholders, of the question to be acted on, by publication in some newspaper published in the county where the principal business office of the corporation is situated: Provided, that notice of any special meeting called to act upon such question, shall be given to each shareholder whose postoffice address is known, by depositing in the postoffice, at least thirty days before the time appointed for such meeting, a notice properly addressed and stamped, signed by the secretary of the company, stating the time, place and object of such meeting: And, provided, further, that no railroad corporation shall be permitted to purchase any railroad which is a parallel or competing line with any line owned or operated by such corpora

tion.

§ 2. Any railroad company now organized or hereafter to be organized under the laws of this State, shall have power from time to time to borrow such sums of money as may be necessary for the funding of its indebtedness, paying for constructing, completing, improving or maintaining its lines of railroad, and to issue bonds therefor, and to mortgage its corporate property, rights, powers, privileges and franchises, including the right to be a corporation, to secure the payment of any debt contracted for such purposes; and to increase its capital stock to any amount required for the purposes aforesaid, not exceeding the cost of the roads and works owned or constructed and equipped by it, such increase of capital stock to be made in such manner and in accordance with and subject to such regulations, preferences, privileges and conditions as the company at any general or special meeting of its shareholders, held at the time such creation of new shares may be authorized, shall think fit: Provided, that no stock or bonds shall be issued, except for money, labor or property actually received and applied to the purposes for which such corporation was created; nor shall the capital stock be increased for any purpose except upon giving sixty days' public notice in the manner provided in the first section of this act: And, provided, further, that nothing contained in this act shall be held or construed to alter, modify, release or impair the rights of this State as now reserved to it in any railroad charter heretofore granted, or to affect in any way the rights or obligations of any railroad company derived from, or imposed by such charter: And, provided, further, that nothing herein contained shall be so construed as to authorize or permit the Illinois Central Railroad Company to sell the railway constructed under its charter, approved February 10th, 1851, or to mortgage the same, except subject to the rights of the State under its contract with said company, contained in its said charter, or to dissolve its corporate existence, or to relieve itself or its corporate

property from its obligations to this State, under the provisions of said charter; nor shall anything herein contained be so construed, as to, in any manner, relieve or discharge any railroad company, organized under the laws of this State, from the duties or obligations imposed by virtue of any statute now in force or hereafter enacted: And, provided, further, that nothing in this act shall be so construed as to authorize any corporation, other than those organized in and under the laws of this State, to purchase or otherwise become the owner, owners, lessee or lessees of any railroad within this State.

APPROVED June 30, 1885.

STOPS AT CROSSINGS AND BRIDGES.

§ 1. Amends section 12 of the act of 1874 by requiring trains approaching crossings or drawbridges to come to a full stop within 800 feet therefrom. Amends section 13 by providing penalties for violation of the law, and fixing the time when suits shall be brought; defines the scope of this act.

AN ACT to amend sections twelve (12) and thirteen (13) of an act entitled "An act in relation to fencing and operating railroads," approved March 31, 1874.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections twelve (12) and thirteen (13) of an act entitled "An act in relation to fencing and operating railroads," approved March 31, 1874, be amended so as to read as follows:

"Section 12. All trains running on any railroad in this State, when approaching a crossing with another railroad upon the same level, or when approaching a swing- or draw-bridge, in use as such, shall be brought to a full stop before reaching the same, and within eight hundred (800) feet therefrom, and the engineer or other person in charge of the engine attached to the train shall positively ascertain that the way is clear and that the train can safely resume its course before proceeding to pass the bridge or crossing.

"Section 13. Every engineer or other person having charge of such engine, violating the provisions of the preceding section, shall be liable to a penalty of two hundred dollars for each offense, to be recovered in an action of debt in the name of the People of the State of Illinois, and the corporation on whose road such offense is committed shall be liable to a penalty of not exceeding two hundred dollars, to be recovered in like manner, the amount so recovered to be paid into the treasury of the county in which the offense occurs, but no recovery shall be had in any case for any offense committed more than sixty days prior to the commencement of the action. The provisions of this and of the preceding section shall extend to and govern all cases of neglect or failure to stop the train as required by law before passing any bridge or railroad crossing, whether occurring before or after the said provisions shall take effect, and no act or part of an act inconsistent with such operation and effect being given to this law shall in any way apply hereto."

APPROVED June 19, 1885.

PUBLICATION OF SCHEDULES OF RATES.

1. Amends section 8, act 1871, by abolishing the provision requiring schedules to be published in a newspaper in the city of Springfield.

AN ACT to amend section 8 of an act entitled "An act to prevent extortion and unjust discrimination in the rates charged for the transportation of passengers and freights on railroads in this State, and to punish the same, and prescribe a mode of procedure and rules of evidence in relation thereto," and to repeal an act entitled "An act to prevent unjust discrimination and extortion in the rates to be charged by the different railroads in this State, for the transportation of freights on said roads," approved April 7, 1871, approved May 2, 1873, in force July 1, 1873.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section eight (8), of the above named act, be and the same is hereby amended, to read as follows:

"Section 8. The Railroad and Warehouse Commissioners are hereby directed to make, for each of the railroad corporations doing business in this State, as soon as practicable, a schedule of reasonable maximum rates of charges for the transportation of passengers and freights and cars of each of said railroads; and said schedule shall, in all suits brought against such railroad corporations wherein is in any way involved the charges of any such railroad corporation for the transportation of any passenger or freight, or cars, or unjust discrimination in relation thereto, be deemed and taken in all courts of this State as prima facie evidence that the rates therein fixed are reasonable maximum rates of charges for the transportation of passengers and freights. and cars upon the railroads for which said schedules may have been respectively prepared. Said commissioners shall, from time to time, as often as circumstances may require, change and revise said schedules. When any schedule shall have been made or revised, as aforesaid, it shall be the duty of said commissioners to have the same printed by the State printer, under the contract governing the State printing, and said commissioners shall furnish two copies of such printed schedule to the president, general superintendent or receiver of each railroad company or corporation doing business in this State. All such schedules heretofore or hereafter made shall be received and held in all such suits as prima fucie the schedules of said commissioners, without further proof than the production of the schedule desired to be used as ev dence, with a certificate of the Railroad and Warehouse Commissioners that the same is a true copy of a schedule prepared by them for the railroad company or corporation therein named."

APPROVED June 30, 1885.