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in which he resides, in counties under township organization, or before a justice of the peace of the county in which he resides, in counties not under township organization, within not less than ten nor more than forty days after any such animals are killed or injured, and make affidavit stating the number of such animals killed or injured, the amount of damages and the owner or owners of the dog or dogs, if known. The damages shall be proven by not less than two witnesses who shall be free holders of the county. Supervisors and magistrates. are hereby authorized to administer oaths in such cases. They shall keep a record in each case of the names of the owners of the animals and amount of the damage proven and the number of animals killed or injured. The damages allowed in no event shall exceed the following amounts:

(1) For sheep or goats killed or injured, fifteen dollars per head. (2) For cattle killed or injured, fifty dollars per head.

(3) For horses or mules killed or injured, seventy-five dollars per head.

In case the owner of the dog or dogs is solvent, the owner, of any such animals shall not be entitled to be paid such damages out of the county dog license fund.

Upon a written report being filed with the county treasurer by the supervisor or magistrate as to the right of any owner of sheep. goats, cattle, horses or mules to be paid damages out of the county dog license fund, and as to the amount thereof the county treasurer shall, on the first Monday of March in each year, pay to the owner of the animals the amount of damages to which he is entitled. If there is not sufficient money in the fund to pay all claims for damages in full, then the county treasurer shall pay to such owner of animals his pro rata share of the money available.

The owner of any goats, cattle, horses or mules killed or injured by dogs at any time since the first day of January, 1923, shall, upon filing claim and making proper proof, be reimbursed according to the provisions of this Act.

§ 3a. On the thirtieth day of September of each year all moneys in excess of two thousand dollars ($2,000.00) shall be distributed by the county treasurer to each township or road district in the county in proportion to the payment into such fund from the township or road district.

§ 4. The payment to any owner of sheep, goats, cattle, horses, or mules of money out of the county dog license fund for damages resulting from loss or injury to any such animals, shall not be a bar to an action by such owner against the owner or keeper of the dog or dogs committing such injury or causing such loss for the recovery of damages therefor. The court or jury before whom such action is tried shall ascertain from evidence what portion, if any, of the damages sought to be recovered in such action has been paid to the plaintiff in such action by the county treasurer; and in case the plaintiff in such action recovers damages, the court shall enter judgment against the defendant, in the name of the plaintiff, for the use of the county, for the amount which the plaintiff has received on account of such

damages from the county treasurer, if such recovery shall equal or exceed the amount so received by such plaintiff from the county treasurer; and the residue of such recovery, if any there be, shall be entered in the name of the plaintiff in such action to his own use; if the amount of the recovery in such action shall not equal the amount previously paid the plaintiff on account of such damages by the county treasurer, than the judgment shall be entered as aforesaid for the use of the county, for the full amount of such recovery. Writs of execution issued upon such judgment shall show on their face what portion of the judgment is to be paid to the county, and what portion is to be paid to the plaintiff in such action, and the judgment when collected shall be paid over to the parties entitled thereto in their proper proportions.

§ 2. The title of said Act is amended to read as follows: “An Act in relation to licensing dogs and the disposal of the license fees." APPROVED June 29, 1923.

TUBERCULOSIS AMONG DOMESTIC CATTLE.

§ 1. Amends section 6 and adds sec-
tion 6a to Act of 1919.
§ 6.

Appraisal of animals des-
troyed.

§ 6a.

Reimbursement if Federal government ceases payment of share of expense.

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AN ACT to amend section 6 of "An Act in relation to the suppression, eradication and control of tuberculosis among domestic cattle and to provide an appropriation therefor," approved June 28, 1919, and to add section 6a thereto.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. Section 6 of "An Act in relation to the suppression, eradication and control of tuberculosis among domestic cattle and to provide an appropriation there for," approved June 28, 1919, is amended, and section 6a is added thereto, the amended and added sections to read as follows:

§ 6. If any cattle tested for tuberculosis under the provisions of this Act shall react to the test, and the owner shall consent to the destruction thereof, such cattle shall be appraised by a board of appraisers, consisting of a representative of the United States Department of Agriculture, and a representative of the Department of Agriculture of the State of Illinois. In case of a failure to agree on the valuation, or if the owner refuses to accept the appraised value, the two appraisers, together with the owner, shall select a third appraiser agreeable to all. The owner shall be bound by the appraisal. The State of Illinois shall pay to the owner of cattle destroyed under the provisions of this Act one-third of the difference between the appraised value of such cattle and the proceeds from the sale of the salvage. which the owner shall receive, provided that in no case, except as hereinafter provided, shall any payment hereunder exceed $25.00 for any grade animal or $50.00 for any pure-bred animal, and no pay

ment shall be made unless the owner has complied with all lawful quarantine regulations.

§ 6a. If at any time the Congress of the United States fails or refuses to make an appropriation to assist in the eradication of tuberculosis and in the payment for cattle destroyed under the provisions of this Act, or if for any other reason or in any other way the cooperation of the United States government is withdrawn, the State of Illinois shall pay to the owner of cattle destroyed under the provisions of this Act two-thirds the difference between the appraised value of such cattle and the proceeds from the sale of the salvage, which the owner shall receive, provided that in no case shall any such payment exceed fifty dollars ($50.00) for any grade animal nor one hundred dollars ($100.00) for any pure-bred animal.

Whenever the cooperation of the United States Department of Agriculture is withdrawn, the tests as hereinbefore provided shall be made under the direction of the State Department of Agriculture, and the appraisal herein provided for shall be made by a board of appraisers consisting of a representative of the State Department of Agriculture, and a representative selected by the owner of the cattle and the two said appraisers shall select a third appraiser and the owner shall be bound by the appraisal then made by such board of three.

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(SENATE BILL NO. 1. APPROVED MARCH 20, 1923.)

AN ACT making an appropriation to meet a deficiency and to provide for necessary expenses in the Department of the Adjutant General until June 30, 1923.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. The sum of one hundred twenty thousand, four hundred twenty-eight dollars and seventy-three cents ($120,428.73) or so much thereof as may be necessary, is hereby appropriated to the Adjutant General for the purpose of meeting pay rolls of troops of the Illinois National Guard while serving on active duty, with interest, pay permanent salaried officers, stenographers, clerks, custodians and caretakers, and for camp and garrison equipage, equipment, repairs and supplies, to June 30, 1923.

§2. This appropriation is subject to the provisions of "An Act in relation to State finance," approved June 10, 1919, as amended. § 3. Because of an emergency this Act shall take effect upon its passage.

APPROVED March 20, 1923. (Repealed by H. B. No. 812.)

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AN ACT making an appropriation to meet a deficiency and to provide for necessary expenses in the Department of the Adjutant General. WHEREAS, the appropriation made for the ordinary expenses of the Illinois National Guard by the Fifty-second General Assembly has been exhausted by reason of unforseen conditions and by the necessity of calling troops into active service and the emergency fund of $500,000 passed by the Fifty-second General Assembly from which said expenses would have been paid, was declared unconstitutional, and;

WHEREAS, the Fifty-third General Assembly by Senate Bill No. 1, undertook to make funds available to meet this deficiency, and,

WHEREAS, by a recent decision of the Supreme Court of Illinois the amount appropriated by said bill is no longer available, now, therefore,

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. The sum of fifty-seven thousand three hundred and thirteen dollars and sixty-four cents ($57,313.64) or so much thereof as may be necessary, is hereby appropriated to the Adjutant General for the purpose of meeting pay rolls of troops of the Illinois National Guard while serving on active duty, with interest, pay permanent salaried officers, stenographers, clerks, custodians and care takers, and for camp and garrison equipage, equipment, repairs and supplies.

§ 2. This appropriation is subject to the provisions of "An Act in relation to State finance," approved June 10, 1919, as amended.

§3. WHEREAS, The expenditure of all the money appropriated for the Illinois National Guard for the biennium for the purposes set forth and the rendering unavailable the amount attempted to be appropriated by the Fifty-third General Assembly have created an emergency, therefore this Act shall take effect upon its passage.

APPROVED May 17, 1923.

ADJUTANT GENERAL REPEAL.

§ 1. Repeals Act approved March 20, 1923.

(HOUSE BILL No. 812. APPROVED JUNE 25, 1923.)

AN ACT to repeal "An Act making an appropriation to meet a deficiency and to provide for necessary expenses in the Department of the Adjutant General until June 30, 1923," approved March 20, 1923.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. "An Act making an appropriation to meet a deficiency and to provide for necessary expenses in the department of the Adjutant General until June 30, 1923," approved March 20, 1923, is hereby repealed.

APPROVED June 25, 1923.

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AN ACT to establish and maintain an agricultural experimental station in Northern Illinois, and making an appropriation therefor. (1) WHEREAS, there are approximately five thousand farmers and truck farmers in Cook County; and

WHEREAS, there are approximately two hundred eighty-eight thousand acres of land under cultivation in said county; and

(2) WHEREAS, the said county produces the greater part of the truck garden products of the State of Illinois, including over ninety per cent of the onion sets used in the United States; and

WHEREAS, there is at present no agricultural experiment station in said county nor in the northern part of Illinois; therefore,

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

SECTION 1. The University of Illinois shall select lands for and establish in Cook County an agricultural experimental station, and may purchase or lease real estate in said county upon which may be erected and maintained buildings which, together with said lands, shall be utilized by the agricultural department of the University of Illinois for the purpose of growing vegetables and flowers, and for other purposes of agricultural experiment. The university may purchase, hold and use personal property for the care and maintenance of such real estate in connection with such experimental purposes.

§ 2. There is appropriated to the University of Illinois, for the purpose of establishing and maintaining such agricultural experimental station in Cook County, the sum of fifteen thousand dollars ($15,000) for the year ending July 1, 1924 and the sum of ten thousand dollars ($10,000) for the year ending July 1, 1925.

§ 3. Upon the order of the president and board of trustees of the University of Illinois, countersigned by its secretary and with the corporate seal of said university attached thereto, the Auditor of Public Accounts is authorized and directed to draw his warrants on the State Treasurer for the sums hereby appropriated.

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(SENATE BILL NO. 3. FILED MARCH 8, 1923.)

AN ACT making additional appropriations to the Attorney General. WHEREAS, On June 21 and 22, 1922, a riot occurred about midway between Marion and Herrin, in Williamson County, Illinois, causing great loss of human life and great destruction of property; and

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