the mines as to safety and ventilation, and the general result of his examination into the causes of all accidents in and about the coal mines and collieries of his county, he shall fully set forth in an annual report to the governor, with his recommendations as to such other legislation on this subject as may be proper. He shall also furnish such information as he may have obtained on this subject, when called for by the state geologist.

inspect

coal

§ 13. It shall be lawful for the inspector provided for in To enter and this act to enter, examine and inspect any and all coal mines mines. or collieries, and the works and machinery belonging thereto, at all reasonable times by day or night, but so as not to hinder or obstruct the necessary working of such coal mines or collieries; and the owner or agent of every such coal mine or colliery is hereby required to furnish all necessary facilities for such entry, examination and inspection; and if the said owner or agent, as aforesaid, shall refuse to permit such inspection, or to furnish the necessary facilities therefor, the inspector may file his affidavit, setting forth such refusal, with the judge of the circuit in which said mine may be situated, either in term time or in vacation, or in the absence of the judge, with the master in chancery for the county in which said mine may be situate and obtain an order on such owner or agent so refusing as aforesaid, commanding him to permit and furnish such necessary faciltiies for the inspection of such coal mine or colliery, or be adjudged to stand in contempt of court, and punished accordingly; and if the said inspector shall, after an examination of any coal mine or colliery and the works and machinery pertaining thereto, find the same to be worked contrary to the provisions of this act, or unsafe for the workmen therein employed, said inspector may, through the state's attorney of his county, acting in the name and on behalf of the state, proceed against the owner or agent of any such coal mine or colliery by injunction, without bond, after giving at least two days' notice to such owner or agent, and the said owner or agent shall have the right to appear before the judge or master to whom the application is made, who shall hear the same, and affidavits in support thereof as well as affidavits in opposition; and if sufficient cause appear, the court or judge in vacation, by order, may prohibit the further working of any such coal mine or colliery in which persons may be unsafely employed, contrary to the provisions of this act, until the same shall have been made safe and the requirements of this act shall have been complied with; and the court shall award such costs in the matter of the said injunction as may be just; but any such proceedings, so commenced, shall be without prejudice to any other remedy permitted by law for enforcing the provisions of this act.

Right of action for injury.

ties.

§ 14. For any injury to person or property occasioned by any willful violations of this act, or willful failure to comply with any of its provisions, a right of action shall accrue to the party injured for any direct damages sustained thereby; and in case of loss of life by reason of such willful violation or willful failure, as aforesaid, a right of action shall accrue to the widow of the person so killed, or his lineal heirs or adopted children, or to any other person or persons who were, before such loss of life, dependent for support on the person or persons so killed, for a like recovery of damages for the injuries sustained by reason of such loss of life or lives.

Injury to the 15. Any miner, workman or other person who shall works- penal knowingly injure any water-gauge, barometer, air-course or brattice, or shall obstruct or throw open any air-ways, or carry lighted lamps or matches into places that are worked by the light of safety-lamps, or shall handle or disturb any part of the machinery of the hoisting engine, or open a door in the mine and not have the same closed again, whereby danger is produced either to the mine or those at work therein; or who shall enter into any part of the mine against caution; or who shall disobey any order given in pursuance of this act; or who shall do any willful act whereby the lives and health of persons working in the mine, or the security of the mine or mines, or the machinery thereof, is endangered, shall be deemed guilty of a misdemeanor, and upon conviction, shall be punished by fine or imprisonment, at the discretion of the court. Approved March 27, 1872.

NOTARIES PUBLIC.

In force July 1, AN ACT to provide for the appointment, qualification and duties of notaries public, and certifying their official acts.

1872.

Governor

appoint.

Petition.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the to governor may appoint, by and with the advice and consent of the senate, and commission as notaries public, as many persons having the qualifications of electors, and resident in the county in this state for which they are appointed, as may deem necessary.

he

§ 2. No person shall be appointed a notary public, except upon the petition of at least fifty legal voters of the city, town, village or precinct in which such person resides.

§3. Each notary public so appointed and commissioned Term of office. shall hold his office for the term of four years, unless sooner

removed by the governor.

of office.

§ 4. Before entering upon the duties of his office he Bond and oath shall give a bond, payable to the "People of the State of Illinois," in the sum of one thousand dollars, with sureties, to be approved by the governor, conditioned for the faithful discharge of the duties of his office, and shall take and subscribe the oath of office prescribed by the constitution. The oath and bond shall be deposited in the office of the secretary of state.

of appointment.

§ 5. He shall also, before entering upon the duties of Memorandum his office, have a memorandum of his appointment, and the time when his office will expire, entered in the office of the county clerk of his county, in a book to be kept for that purpose by said clerk, for which entry he shall pay a fee of twenty-five cents.

§ 6. The county clerk of the county in which such memorandum is entered, or the secretary of state, may grant certificates of magistracy of notaries public. The certificate of a clerk shall be under his hand and official seal, and that of the secretary of state under the great seal of the state; the fee for such certificate shall be twenty-five cents.

Certificates of magistracy.

§ 7. Each notary public hereafter appointed shall, upon omcial seal. entering upon the duties of his office, provide himself with a proper official seal, with which he shall authenticate his official acts, upon which [shall] be engraved the words "notarial seal," and the name of the county in which he resides. § 8. On the expiration of the term of office of a notary Expiration of public, he, or in case of his decease, his legal representatives, shall deposit the records of his office in the office of the county clerk of his county: Provided, that when he is continued in office by reappointment, he may retain such records so long as he shall remain in office.

89. A notary public duly qualified, shall have authority, while he resides in the same county in which he was appointed, to execute the duties of his office throughout the state.

official term.

May execute duties throughout the state.

to notes and written instruments.

§ 10. It shall be the duty of each and every notary Duties relative public in this state, whenever any bill of exchange, promis- other sory note or other written instrument, shall be by him protested for non-acceptance or non-payment, to give notice in writing thereof to the maker, and to each and every indorser of any bill of exchange, and to the maker or makers of, and each and every security or indorser of any promissory note or other written instrument, on the same day the said protest is made, or within forty-eight hours from the time of such protest.

§ 11. It shall be the duty of each and every notary pub- To serve notice lic personally to serve the notice upon the person or per

sons protested against, provided he or they reside in the

Record of notices.

evidence.

town, precinct, city or village where such protest was made, or within one mile thereof; but if such person or persons reside more than one mile from such town, precinct, city or village, then the said notice may be forwarded by mail or other safe conveyance. If the city where the protest is made contains ten thousand or more inhabitants, the notice may be forwarded by mail.

812. Each notary public shall keep a correct record of all such notices, and of the time and manner in which the same are served, the names of all the parties to whom the same are directed, and the description and amount of the instrument protested.

Record to be § 13. Said record, or a copy thereof duly certified, under the hand and seal of the notary public or county clerk having the custody of the original record, shall be competent evidence to prove the facts therein stated, but the same may be contradicted by other competent evidence.

Certificate to show name of

14. It shall not be an objection to the validity of any city, town, etc. act of a notary public, done before the taking effect of this act, that the certificate thereof does not show the name of the city, town or county for which the notary was commissioned, if it shall appear from the certificate that the act was done within this state.

Acts repealed.

15. Chapter seventy five of the Revised Statutes of 1845, entitled "Notaries Public;" and an act entitled "An act entitled an act to amend an act entitled 'notaries public,' approved March 3d, 1845," approved February 18th, 1857; and an act entitled "An act to increase the number of notaries public in this state," approved February 28th, 1867; and an act entitled "An act concerning notaries public," approved April 19th, 1869, are hereby repealed. This section shall not be construed to affect any appointment to the office of notary public made prior to the taking effect of this act, or the validity of any official act which may at that time have been done in pursuance of the acts hereby repealed.

APPROVED April 5, 1872.

NOTICE IN LEGAL PROCEEDINGS-OBSCENE BOOKS.

577

NOTICE IN LEGAL PROCEEDINGS.

1872.

AN ACT to repeal an act entitled "An act to regulate the manner of giving In force July 1, notice in legal proceedings (in Randolph county)," approved March 27, A. D. 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That an act entitled "An act to regulate the manner of giving notice in legal proceedings (relating to Randolph county)," approved March the twenty-seventh, in the year of our Lord eighteen hundred and sixty-nine, be and the same is hereby repealed.

APPROVED March 29, 1872.

OBSCENE BOOKS.

1872.

AN ACT to prevent the sale or bringing into this state of obscene books, In torce July 1, pamphlets, prints or paintings, and to repeal section one hundred and twenty-eight (128), division eleven (11), of chapter thirty (30), of the Revised Statutes of 1845.

SECTION 1. Be it enacted by the People of the State of Penalty. Illinois, represented in the General Assembly, That if any person shall hereafter bring or cause to be brought into this state, for sale or for exhibition, or shall sell or offer to sell or exhibit, any obscene book, pamphlet, print or painting, every such person shall, on conviction, be fined in a sum not less than twenty-five dollars nor more than five hundred dollars.

2. That section one hundred and twenty-eight (128), of division eleven (11), of chapter thirty (30), of the Revised Statutes of eighteen hundred and forty-five, be and the same is hereby repealed: Provided, however, that said section shall continue in force as to any violation against the same prior to the taking effect of this act.

APPROVED March 7, 1872.

Repealed.