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every offense, to be recovered by a complaint made to the county court, who shall thereupon issue summons to the party in fault to appear forth with, and if, upon hearing, the party in fault shall be found guilty, he shall be adjudged to pay said penalty into the county treasury.

This act shall be in force from and after its pasBage.

APPROVED March 8, 1869.

COURT, SUPREME.

AN ACT in relation to practice in the supreme court.

In force Marc

26, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That in all cases taken to the supreme court of this state, by appeal or writ of error, the appellee and defendant in error shall have the right to assign cross errors; and it shall be the duty of said court to proceed in the disposition of such cases in the same manner as when cross errors are assigned by consent.

§ 2. This act shall take effect and he in force from and after its passage.

APPROVED March 26, 1869.

DAIRIES

AN ACT to protect butter and cheese manufacturers.

ID force March

9, 1869.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whoever shall knowingly snpply or bring to be manufactured, to any cheese manufactory in this state, any milk diluted with water or in any way adulterated, or milk from which cream or milk commonly known as “stripping” has been taken, or whoever shall knowingly bring or supply milk to any

cheese factory that is tainted or partly sour for want of proper care in keeping pails, strainers or any vessel in which said milk is kept, clean and sweet, after being notified or such taint or carelessness, or any cheese manufacturer who shall knowingly use or direct any of his employees to use, for his or their individual benefit, any cream from the milk brought to said cheese manufactory, without the consent of all the owners thereof, shall, for each and every offense, forfeit and pay a sum not less than twenty-five dollars por more than one hundred dollars, with costs of suit, to be sued for in any court of competent jurisdiction, for the benefit of the person or persons, firm or association or corporation, or their assigns, upon whom such fraud may be committed.

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

APPROVED March 9, 1869.

DIVORCE.

In force April AN ACT in relation to divorce, alimony and maintenance in certain cases 5, 1869.

of bigamy.

money maintenance.

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

Illinois, represented in the General Assembly, That any Divorce-all- woman who, in good faith, has intermarried or may hereand after intermarry with one who has, at the time of such

marriage, a former wife living, from whom he has not been divorced, shall not, by reason of such former marriage, be debarred from suing for a divorce and recovering alimony and maintenance, but she may recover alimony and maintenance from the party whom she has so married in the same manner as is now provided by law in cases

where parties have been lawfully married. Court to make § 2. It shall be the duty of the court, before making an order.

order touching alimony or maintenance in such cases, to ascertain the rights of such former wife or wives, if there be more than one; and if such former wife or wives have not forfeited all claim to alimony and maintenance, to make such order touching the alimony or maintenance of the petitioner as may be consistent with the rights of such foriner wife or wives.

§ 3. The provisions of this act shall apply to suits now Suits pending. pending, and shall take effect and be in force from and after its passage.

APPROVED April 5, 1869.

DOGS.

AN ACT to authorize and empower the several county courts and boards of In force June supervis rs in the several counties of this state to provide for the levy

19, 1869. and collection of a tax on dogs in their respective counties, and to impuse fines and pena'ties in certain cases, and provide for the enforcement and collection of the same.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the several county courts and boards of supervisors of the seve. Tax, how levied ral counties in this state may, in their discretion, respectively, levy uch tax upon dogs in their several respective counties, as they may see proper, not exceeding the sum of two dollars upon each dog, such levy to be made by order, resolution or ordinance, to be entered upon the minutes of such court or board at the time the same is made; and it shall thereupon be the duty of the clerk of the county court in any county where such order, resolution or ordinance is made, to enter the same upon the minutes of such court or board, and he shall therenpon gire to the county assessor or all town assessors, as the case may be, notice of the making of said order, resolution or ordinance, by delivering or causing to be delivered to him or them written or printed notice of such ordinance, order or resolution.

$ 2. It shall be the duty of such county assessor or such Does to be town assessors, as the case inay be, in taking lists of taxablo property, to require of every person or persons liable to taxation or assessment, to list, with his, her or their other property, any dog or dogs of which he, she or they may be the owner or owners, or which shall resort or frequent the premnises occupied by such person or persons; and the respective assessors aforesaid may require answers in reference to the ownership of, or resorting or frequenting such premises by dogs, to be given under oath, which oath shall be administered by such assessor. $ 3. It shall be the duty of the respective county clerks Tas, how ex

te . where such listing shall be made, to extend on the respective tax book or booke, for such county or towns, the sum

so levied by such court or board upon such dog or number of dogs as appear so listed to each person or persons afore. said, with the other taxes assessed against such person or persons, and the respective' amounts shall be extended at the rate of such levy of said court or board against each dog so listed, and the same shall be collected as other taxes

by the respective collectors. Non-paymeut. § 4. If any such sum so extended shall be returned by

such collector unpaid, it shall thereupon be the duty of such collector to call upon the person or persons against whom such sum shall be extended, and unless such person or persons shall make it satisfactorily appear to such collector that the dog or dogs upon which such listing was made is or are dead or reinoved beyond the limits of the county, permanently to remain, it shall be the duty of such collector to cause the warrant of some justice of the peace of said county to issue for the apprehension and arrest of such person or persons having so listed such dog or dogs and having so failed to pay the tax upon the same, and said delinquent or delinquents shall be forth with brought before some justice of the peace for trial, and it shall be the duty of such collector to cause the proper proofs to be made before such justice, and thereupon such delinquent or delinquents shall be adjudged guilty of a misdemeanor, and shall enter against him, her or them a fine of not less than five nor more than ten dollars, and the defendant or defendants shall stand committed until such fine and the costs of the proceedings shall be paid.

§ 5. The word dog in this act shall be held and construed, at all times and places, to mean an animal of the

canine species. Disposition of § 6. *All taxes hereby provided for shall be paid and

accounted for by collectors, when collected, to the proper officer authorized by law to receive the same, and shall be applied for school, road or county purposes, as said courts

or board of supervisors may determine. Practice.

$ 7. In all proceedings for the collection of fines under the provisions of this act, the people shall be plaintiffs ; and it shall be the duty of said collector to receive said fines, when paid, and pay over and account for the same as is herein directed with reference to taxes.

APPROVED April 9, 1869.

Definition.

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DRAINAGE.

AN ACT to amend an act entitled "An act to facilitate the drainage of wet In force April

lands," approved February 16, 1865 ; also, to amend an act entitled "An act to amend the drainage law," approved February 25, 1867.

two

SECTION 1. Be it enacted by the People of the State of Nlinois, represented in the General Assembly, That the second section of the act entitled “An act to facilitate the Section drainage of wet lands," approved February 16, 1865, be amended. amended so as to read as follows: Hereafter, when any person or persons owning wet or overflowed lands, in any county in this state under township organization, desiring to drain the same, shall find it necessary to run across neighboring lands whose owner or owners will not make nor consent for a drain to be made across his, her or their lands, then the person or persons desiring the drain may make application to the said drainage commissioners, in writing, stating through whose premises, if known, it is necessary to run such drain in order to effect a proper outlet for the same; and he, she or they shall also furnish to each owner or owners, his, her or their agent or agents, if known, through whose lands it is necessary to pass, ten days' potice, in writing, of the time and place the commissioners will meet to hear and examine such application for a drain, and in case any such owner, his, her or their agent, shall be unknown or shall be a non-resident of the county in which such drain is to be located, then such no- Notice. tice shall be posted in three public places near the land through which the drain is to pass.

32. That section three of the act last aforesaid shall be amended so as to read as follows: The commissioners shall agree upon a time and place when and where they will meet to deterinine upon such application, not more than thirty days from the date of the receipt thereof, and shall make out, in writing, a sufficient number of notices of the time and place of such meeting, which shall be served on the respective owner or owners, his, her or their agents, through which such drain is to pass, by the applicant or applicants therefor, as required by the preceding section of this act; and if anything shall prevent the meeting of the commissioners upon the day specified, then they shall, ils soon thereafter as possible, appoint another day for meet. May appoint

another day. ing, and they themselves shall give notice of such meeting to the parties interested, as required in the preceding section hereof; but if any one or more of the commissioners shall appear at the time and place fixed for the first meet

Section three amended.

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