evidence in said cause: Provided, that the parties to such appeal or writ of error, may by agreement, have the original bill of exceptions, or certificate of evidence, instead of a copy, incorporated in such transcript of the record, without paying, or being liable to pay, any fees or costs therefor.

APPROVED June 24, 1921.

TOWN OFFICERS.

§ 1. Amends section 36, Act of 1872.

$ 36. Fees and compensation of town officers.

(SENATE BILL No. 382. APPROVED JUNE 28, 1921.)

AN ACT to amend 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, as subsequently amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That section 36 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, as subsequently amended, be amended to read as follows:

§36. The following named town officers shall be entitled to compensation at the following rates, for each day necessarily devoted by them to the services of the town, in the duties of their respective offices:

The town clerk, supervisor and overseer of the poor, shall receive for their services three dollars per day, when attending to town business out of town, and two dollars and fifty cents for town business in their towns. This additional pay per diem to include the supervisors and assistant supervisors who are residents of the county seat while the board of supervisors are in regular session, or engaged in regular committee work: Provided, that the supervisors when attending to their duties as overseers of the poor, shall be regarded as town officers, and their compensation for services as such overseers of the poor shall be fixed by the town board of auditors and be paid out of the town fund, and a tax levy be made to cover same at the annual town meeting. The compensation of the overseer of the poor to be fixed at the annual meeting in March each year: And, provided, further, that the town clerk shall receive fees, and not a per diem for the following services:

For serving notices of election upon town officers, as required by law, twenty-five cents each.

For filing any paper required by law to be filed in his office, ten

cents each.

For posting up notices required by law, twenty-five cents each. For recording any order or instrument of writing authorized by law, eight cents for each one hundred words.

For copying any record in his office, and certifying to same, eight cents for every one hundred words, to be paid by the person applying for the same.

For copying by-laws for posting or publication, eight cents for each one hundred words, to be paid by the town.

The town assessor shall receive for his services as assessor, a sum of not less than three dollars and fifty cents, nor more than five dollars per day to be fixed by the board of town auditors, which amount shall be in full of all compensation for services to be performed by town assessors in making assessments of property, and for the collection and return of agricultural, or other statistics to be collected and returned by him: Provided, that in towns of fifty thousand inhabitants and upwards, in counties of the third class, the assessor shall receive five dollars per day for all services required by law to be performed by such assessors including return of such statistical information.

The pound master shall be allowed the following fees for his services, to wit:

For taking into the pound and discharging there from horses, asses, mules and meat cattle, ten cents each; sheep or lambs, three cents each; and swine, large or small, five cents each.

He may also be allowed to receive his reasonable charges for the keeping of such animals. The amount which he shall charge therefor may be regulated by the town meeting.

The officers composing the board of appointment, in case of vacancy, when they shall meet for that purpose, and the officers composing the board of town auditors, shall each be entitled to one dollar and fifty cents a day for their services.

No justice of the peace, or town officer shall be entitled to any fee or compensation from any individual elected or appointed to a town office, for administering to him the oath of office.

Each town or district collector shall be allowed a commission of two per cent, on all moneys collected by him, to be paid out of the respective funds collected: Provided, that in any case where the compensation so allowed shall be insufficient, the town or county board may allow an additional compensation or per diem in lieu of other or greater commissions, in which case said additional compensation shall be paid out of the town or county treasury, as the case may require: And, provided, further, that all excess of commissions and fees over fifteen hundred dollars in counties of the first and second class and over three thousand dollars in counties of the third class shall be paid into the town or district treasury: Provided, however, that the town board of auditors of any town may, prior to election of a town collector, fix the maximum amount at a lesser sum than provided herein.

APPROVED June 28, 1921.

FORCIBLE ENTRY AND DETAINER.

LANDLORD AND TENANT.

§ 1. Amends sections 10 and 11, Act of § 2. Emergency.
1874 and adds section 17a
thereto.

§ 10. Trial by jury.

§ 11. Waiver by jury.

§ 17a. Execution for possession

stay -rents- how and when paid.

(SENATE BILL No. 85. APPROVED MAY , 1921.)

AN ACT to amend sections 10 and 11 of “An Act in regard to forcible entry and detainer," approved and in force February 16, 1874, as amended, and to add section 17a thereto.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Sections 10 and 11 of "An Act in regard to forcible entry and detainer," approved and in force February 16, 1874, are amended, and section 17a is added thereto, the amended and additional sections to read as follows:

§ 10. In trials under this Act before justices of the peace, either party may have the case tried by a jury if he shall so determine before the trial is entered upon, and will first advance the fees of the jurors. The number of the jurors shall be six, or any greater number not exceeding twelve, as either party may desire. In any case relating to premises used for residence purposes, either party may demand trial by a jury, notwithstanding any waiver of jury trial contained in any lease or contract.

§ 11. Trials under this Act in courts of record, shall be the same as in other cases at law in such courts; provided, no special pleading shall be required, but the defendant may, under the plea of "not guilty" give in evidence any matter in defense of the action. In any case relating to premises used for residence purposes, either party may demand trial by a jury, notwithstanding any waiver of jury trial contained in any lease or contract.

§ 17a. In any case under paragraph 4 of section 2 of this Act, in which the plaintiff is entitled to judgment and execution for possession of property used for residence purposes, within the corporate limits of cities, towns or villages a stay of execution not exceeding six months from the expiration of the term or tenancy may upon application of the defendant be granted in the discretion of the court, upon the giving of such bond as may be approved by the court, the condition of the bond being that the defendant will pay all rents that shall become due during the period of the stay. No stay shall be granted unless the applicant therefor shall pay all rent then due and shall also pay all rent which may accrue until the end of the calendar month in which the stay is granted. The rent accruing thereafter shall be paid in such installments as shall be directed by the court at the time the stay is granted, each such installment to be payable on the first day of the period which it covers, so that all such rents shall be payable in advance. In case of ten days default in the payment of any such installment the court on application of the plaintiff shall set aside the order staying the execution. The defendant shall be obligated to pay rent for the entire

period of the stay granted unless the court shall on application of the plaintiff have set aside any such stay, in which case the defendant shall be liable only for the period up to the time when the defendant shall have given up possession of the premises in question.

If prior to the expiration or termination of a tenancy the lessor or his assignee shall have made in writing upon the lessee or his assignee to give notice of his intention, if it be his intention, to apply for a stay of execution in case of judgment for possession, no stay shall be granted to such lessee or assignee unless he shall have given notice in writing to such lessor or assignee of his intention to apply for such a stay in the event of a judgment for possession against him, within ten days after the receipt of such demand, or, at lessee's option, thirty or more days prior to the termination or expiration of the term or tenancy. Said demand shall expressly refer to section 17a of "An Act in regard to forcible entry and detainer," approved and in force February 16, 1874, as amended.

The payments herein required shall be made to the plaintiff or his duly authorized agent, unless the court shall direct that they be paid into court, in which event the amounts so paid into court shall be paid to the plaintiff or his duly authorized agent in such manner as the court may order. No bond shall be required in case the applicant for the stay shall pay the rent then due and shall also pay the entire amount which may be determined by the court as reasonable rent for the whole period of such stay. The term rent, for the purposes of this section, shall be deemed to include all compensation for use and occupation, and the amount of such compensation shall be fixed at the rate for which the defendant was liable as rent for the month immediately prior to the expiration of his term or tenancy plus such additional amount, if any, as the court may determine to be reasonable. The court shall have authority upon application of the plaintiff after hearing to set aside any such stay of execution. This section shall cease to be in effect July 1, 1923.

§ 2. Whereas, an emergency exists, this Act shall take effect and be in full force from and after its passage and approval.

(HOUSE BILL No. 421. APPROVED JUNE 28, 1921.)

AN ACT to amend sections 5, 6 and 13 of "An Act to provide for the creation and management of forest preserve districts, and repealing certain Acts therein named," approved June 27, 1913, in force July 1, 1913, as amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Sections 5, 6 and 13 of "An Act to

provide for the creation and management of forest preserve districts, and repeal certain Acts therein named," approved June 27, 1913, in force July 1, 1913, as amended, are amended to read as follows:

§ 5. Any forest preserve district organized under this Act, shall have the power to create forest preserves, and for that purpose shall have the power to acquire in the manner hereinafter provided, and hold lands containing one or more natural forests or parts thereof or land or lands connecting such forests or parts thereof, for the purpose of protecting and preserving the flors, fauna and scenic beauties within such district, and to protect and preserve such lands, as nearly as may be, in their natural condition, for the purpose of the education, pleasure and recreation of the public.

86. The board of commissioners of every such forest preserve district, shall have the power to acquire by gift, grant, devise or purchase, or by condemnation, any and all grounds and lands within such district containing one or more natural forests or parts thereof or land or lands connecting such forests or parts thereof, for the purpose of creating, laying out and maintaining such forest preserves as it may deem proper or desirable. Such board of commissioners shall have the power to establish, lay out, improve and maintain, such convenient and appropriate paths, drivways and roadways in and through such forest preserves, as they shall deem desirable or necessary for the use of such forest preserves by the public.

In all cases where any such forest preserve district acquires any land by condemnation, the title thereto shall be in fee simple absolute, and such title shall not terminate or be defeated by cessation or abandonment of the use for which it was acquired. The board of commissioners of any such forest preserve district may, by ordinance passed by the affirmative vote of all of the members of such board, sell and dispose of any lands acquired by such board. However, no such sale or disposal shall be effective until it is approved by the board of county commissioners or board of supervisors of the county in which such district is located: Provided, however, that in counties of the third class if the boundaries of the forest preserve district are co-terminous with the boundaries of such county of the third class, the board of commissioners of such forest preserve district may by ordinance passed by the affirmative vote of three-fourths of the members of such board sell and dispose of any land acquired by such board. But nothing in this section contained shall authorize a sale of land for less than the district itself paid for the land to be sold or disposed of nor shall anything in this section contained prevent the board of commissioners of any forest preserve district from dedicating land for public purposes for the same procedure and vote as is herein provided for the sale of land.

§ 13. The board of commissioners of any forest preserve district, organized hereunder, shall have power to raise money by general taxation, for any of the purposes enumerated in this Act, and power to borrow money upon the faith and credit of such dis