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$ 4. In trials for murder, it shall be a cause for chal- Disqualifica

tion of furor. lenge of any juror who shall, on being examined, state that he has conscientious scruples against capital punishment, or that he is opposed to the same.

$ 5. Every person who shall feloniously steal any pro len property tiaperty in any state, place or territory outside of this state, to this state. and shall bring into or be found with such property in this state, may be tried and punished in this state, in the same manner as if such property was originally stolen in this state. § 6. Every person who shall feloniously steal, take and stealing load

pipe. carry away any lead pipe, faucet or faucet and stop.cock from any dwelling-house or other building, whether the same be attached to such house or building or not, or whether the same be laid in the ground separate from such house or building, shall be deemed guilty of larceny and punished accordingly.

$ 7. Every person who shall unlawfully take, lead, ride Stosling horses, or drive away any horse or horses, mule or mules, ass or asses, from the place where the same may be left by the owner or lawful possessor thereof, shall be deemed guilty of a high misdemeanor, and, upon conviction thereof, may be punished by confineinent in the county jail for a period not more than one year, or be fined not more than one hundred dollars, in the discretion of the court before which the conviction is had.

$ 8. Every person who shall be engaged in making or Poisonous canmanufacturing any candy or candies, or who shall mix with the same any destructive or poisonous liquid or substance, or shall sell such candy or candies, knowing the same to be so mixed, every such person or persons shall be deemed guilty of a misdemeanor, and, on conviction thereof, may be punished by confinement in the county jail for a period of not more than one year, or be fined not more than one thousand dollars, in the discretion of the court before which the conviction is had.

$ 9. Whever any person who is accused of a crime or Bail forfoited, misdemeanor shall give bail for his or her appearance at thereon.

proceedings any term of court, or from day to day, in any term of court, and such person does not appear in accordance with the terms of the recognizance there, the court shall declare such recognizance forfeited, and the clerk of the court shall thereapon issue a scire facias against such person and his or her securities, returnable on the first day of the next terin of the court, to show cause why judgment should not be rendered against such person and his or her securities for the amount of the recognizance, which scire facias shall be served by the sheriff of the county where the court is held upon such person and his or her securities, by reading the same to the defendants named in such scire facias, at least

five days before the first day of the term to which the same is returnable; and in case the person aforesaid can not be found by the sheriff, he shall make return of that fact to the court, and the court shall thereupon enter judgment by default against the defendants for the amount of the recognizance, unless the defendants shall appear and defend such cause; and if the defendants shall appear and interpose a defense, then the cause shall be tried in the same manner as other causes of a like nature, after any such recognizance shall be declared forfeited as aforesaid; and, before judgment thereon, the court may, in its discretion, set aside such forfeiture, upon the accused being brought or coming into open court, and showing to the

court, by affidavit, that he or she was unable to appear in court according to the terms of the recognizance, by reason of sickness or some other cause which shall satisfy the court that the accused had not been guilty of any laches or negligence: Provided, that no such forfeiture of a recognizance shall be set aside until the accused shall pay the costs of such recognizance.

APPROVED March 31, 1869.

CRUELTY TO ANIMALS.

In force March AN ACT to incorporate the Illinois Society for the Prevention of Cruelty 25, 1869.

to Animals.

Powers privileges.

SECTION 1. Be it enacted by the People of the State of

Illinois, represented in the General Assembly, That George and C. Walker, Thomas B. Bryan, Julian S. Ramsey, Belden

F. Culver, Ranch S. N. Wilcox and T. D. Brown, their
associates and successors, are hereby made a corporation
by the name of “The Illinois Society for the Prevention of
Cruelty to Animals,” with all the powers and privileges,
and subject to all the duties, liabilities and restrictions set
forth in all general laws which now are or hereafter may
be in force relating to such corporations, with authority to
hold such real and personal estate, for the purposes of the
corporation, not exceeding in amount one hundred thousand
dollars.

$ 2. This act shall take effect upon its passage.
APPROVED March 25, 1869.

AN ACT for the prevention of cruelty to animals.

In force March

31, 1869.

SECTION 1. Be it enacted by the People of the State of Minois, represented in the General Assembly, That whóever shall overdrive, overload, overwork, torture, torment, Penalty deprive of necessary sustenance, cruelly' beat, mutilate or overwerking of

beating animals kill, or cause or procure to be so overdriven, overloaded, overworked, tortured, tormented, deprived of necessary sustenance, cruelly beaten, mutilated or killed, any horse, ox or other animal, and whoever, having the charge or custody of any such animal, either as owner or otherwise, shall unnecessarily fail to provide such animal with proper food, drink and shelter or protection from the weather, shall, for each and every offense, be punished by a fine not less than fifty dollars and not exceeding one hundred dollars, to be recovered on complaint before any justice of the peace, or by indictment in the county where such offense shall be committed.

§ 2. Every owner of, or person having the charge or For permitting custody of any horse, ox, or other animal, who shall know- mall. ingly and willfully authorize or permit the same to be subjected to or suffer any unnecessary torture or cruelty, shall be punished for every such offense in the manner provided in section one.

§ 3. Every owner, driver or possessor, or person hav- Cruelty to old ing charge or custody of an old, maimed, or disabled or dis- mals. eased horse, mule or other animal, who shall cruelly work the same when unfit for work, or cruelly abandon the same, shall be punished, for every such offense, in the same manper provided in section one.

§ 4. Any person who shall carry or cause to be carried, mCarrying cand; in or upon any vehicle or otherwise, any animal in an manner. unnecessarily cruel or inbuman manner, shall be punished in the same manner provided in section one. § 5. No railroad company in this state, in the carrying

may be confined and transportation of cattle, sheep, swine or other animals, in cars. shall confine the same in cars for a longer period than twenty-eight consecutive hours, unless delayed by storm or other accidental causes, without unloading for rest, water and feeding, for a period of at least five consecutive hours. In estimating such confinement, the time the animals have been confined, without such rest, on connecting roads from which they are received, shall be computed—it being the intention of this act to prevent their continuous confinement beyond twenty-eight hours, except upon contingencies hereinbefore stated.

$ 6. If the owner or person in charge of said animals owner's neglect refuses or neglects to pay for the care and feed of animals so rested, the railroad company may charge such expense to

Time animals and sixth sections.

cute.

animals.

the owner or consignee, and retain a lien upon the animals until the same is paid, and no claim of damages for detention shall be recovered by the owner or shipper of any animals for the time they are detained under the provisions

of this act. Violating fifth $ 7. Any railroad company, owner, consignee or person

in charge of said cattle, sheep, swine or other animals, who shall violate any provision of the fifth or sixth sections of this act shall, for each and every such violation, be liable for and forfeit and pay a penalty of one hundred dollars, to be recovered in the name of the people of the state of Illinois, before any justice of the peace of the proper

county. Who to prose- $ 8. It shall be the duty of all sheriffs, deputy sheriffs,

police commissioners, and police officers and constables to prosecute all violations of this act which shall come to their notice or knowledge; and it shall be the duty of all sheriffs and police commissioners to discharge all their subordinate officers who fail to perform their duty as prescribed in this act, and any officer neglecting or failing to perform the duties required under this act shall be liable to a fine not exceeding one hundred dollars, to be recovered before any

justice of the peace of the proper county. Impounded $ 9. Any person who shall impound or cause to be im

pounded in any pound, any creature, shall supply the same, during such continennent, sufficient quantity of good and wholesome food and water, and in default thereof shall, upon conviction, be punished, for every such offense, in the

same manner provided in section one. Food and water $ 10. In case any creature shall be, at any time, im

pounded as aforesaid, and shall continue to be without necessary food and water for fmore than twelve successive hours, it shall be lawful for any person, from time to time, and as often as it shall be necessary, to enter into and upon any pound in which such creature shall be so confined and supply it with necessary food and water, so long as it shall remain so confined. Such person shall not be liable to any action for such entry, and the reasonable cost of such food and water may be collected by him of the owner of such creature, and the said creature shall not be exempt from levy and sale, upon execution issued upon a judgment therefor.

$ 11. If any maimed, sick, infirm or disabled animal shall be abandoned to dié by any owner or person having charge of the same, (such person shall, Ifor every such offense, be punished in the same manner provided in section

one. Fighting ani- $ 12. Any person who shall keep or use, or in any way

Sick animals.

be connected with or interested in the management of, or shall receive money for the admission of any person to any

mals.

place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock or other creature, and every person who shall encourage, aid or assist therein, or who shall permit or suffer any place to be so kept or used, and every person who shall visit such place so kept or used, or who shall be found therein, shall, upon conviction thereof, be pun. ished, for every such offense, in the same manner provided Sec. 5 not to

in in section one.

$ 13. The provisions of section five (5) of this act, requiring animals to be unloaded, shall not apply when they are properly fed and watered on the cars in which they are transported.

$14. This act shall take effect on and after its passage. APPROVED March 31, 1869.

cases.

CITIZENSHIP.

AN ACT to restore certain persons to citizenship.

In force March

18, 1869,

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That George Washington Lucas and Edward Baines, who were convicted of the crime of larceny in and by the circuit court in and for the county of Wabash, in the state of Illinois, be and they are hereby restored to all the rights and privileges of a citizen of the state of Illinois, as fully and amply as if no such conviction had ever taken place.

$ 2. This act to take effect and be in force from and after its passage.

APPROVED March 13, 1869.

AN ACT to restore Thomas Davis to citizenship.

In force March

30, 1869.

Section 1. Be it enacted by the People of the State of Mlinois, represented in the General Assembly, That Thomas Davis, of the county of Logan, in the state of Illinois, who was convicted of the crime of larceny, be and is hereby restored to all the rights and privilegee of a citizen of the state of Illinois, as fully and amply as if no such conviction had ever taken place

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