« ForrigeFortsett »
§ 4. That no person, firm, company or corporation shall make, manufacture or compound, within the limits of this State, any dynamite, nitrochlorate or other explosive compound within one-half (%) mile of any inhabited dwelling, without first having obtained the consent in writing of a majority of the legal voters residing within a radius of one-half (%) mile of such place of making, manufacturing or compounding: Provided, that nothing in this section shall authorize the manufacture or compounding of any dynamite, nitrochlorate or other explosive within any incorporated city or village, unless the incorporated city or village is created and organized since the location and construction of such explosive manufactory; and no person, firm, company or corporation shall make, manufacture or compound any dynamite, nitrochlorate or any other explosive compound without a permit for such purpose signed by the county clerk of the county in which said manufacturing or compound is desired to be done, duly attested with the seal of such official, and said county clerk shall issue such permit when the consent in writing is presented, of a majority of the legal voters residing within a radius of one-half (1/2) mile of such place of making and manufacturing, and filed with him, and the official issuing said permit shall keep a record of said permit and contents and of the names and residences of the persons to whom such writ or permit is issued. The officer authorized by this Act, shall not issue such permit unless the purpose for which such explosive or compound is to be manufactured is a lawful one. Any person, firm, company or corporation making any such compound without such permit shall be guilty of a misdemeanor, and upon conviction thereof shall be subject to a fine and imprisonment in the county jail of not to exceed one year, or both in the discretion of the court, such fine to be not less than two hundred dollars nor more than one thousand dollars, and for a second offense shall be deemed guilty of a felony and be subject to imprisonment in the penitentiary for not less than one year nor more than five years, and a fine of not less than five hundred dollars nor more than two thousand dollars.” -
APPROVED June 25th, 1915.
HOUSES OF ASSIGNATION OR PROSTITUTION.—ABATEMENT AND INJUNCTION $ 1. House of assignation or prostitution public $ 6. Disposition of proceeds of sale or property.
IlulSan Ce. § 7. Violation of injunction. § 2. Injunction to abate—lessee party defendant. § 8. When court shall vacate decree. § 3. Proceedings as in chancery—evidence—dismissal—costs. § 9. Fine and costs lien on property.
$ 4. Complainant may file interrogatories—sailure $ 10. Leased premises—when contract void to answer —use of evidence. § 11. Validity.
$ 5. Decree of court—order of abatement—sale of
AN ACT regarding places used for purposes of leudness, assignation, or prostitution, to declare the same to be public nuisances, and to provide for the more effectual suppression thereof. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That all buildings and apart
ments, and all places, and the fixtures and movable contents thereof, used for purposes of lewdness, assignation, or prostitution, are hereby declared to be public nuisances, and may be abated as hereinafter provided. The owners, agents, and occupants of any such building or apartment, or of any such place shall be deemed guilty of maintaining a public nuisance, and may be enjoined as hereinafter provided. § 2. The State's attorney or any citizen of the county in which such a nuisance exists, may maintain a bill in equity, in the name of the People of the State of Illinois, perpetually to enjoin all persons from maintaining or permitting such nuisance, and to abate the same, and to enjoin the use of such building or apartment, or such place for any purpose, for a period of one year. Upon the filing of a verified petition therefor, in any court of competent jurisdiction, the court in term time, or a judge in vacation, if satisfied that the nuisance complained of exists, shall allow a temporary writ of injunction, with bond unless the petition is filed by the State's attorney, in such amount as the court may determine, enjoining the defendant from maintaining any such nuisance within the jurisdiction of the court issuing such writ: Provided, that no such injunction shall issue, except on behalf of an owner or agent, unless it be made to appear to the satisfaction of the court that the owner or agent of such building or apartment or of such place, knew or had been personally served with a notice signed by the petitioner: And, provided, that such notice has been served upon such owner or such agent of such building or apartment or place at least five days prior thereto, that such building or apartment or such place, specifically describing the same, was being so used, naming the date or dates of its being so used, and that such owner or agent had failed to abate such nuisance, or that upon diligent inquiry such owner or agent could not be found within the United States for the service of such preliminary notice. The lessee, if any, of the building or apartment, or of the place shall be made a party defendant to such petition. § 3. The defendant shall be held to answer the allegations of the bill of complaint as in other chancery proceedings. At all hearings upon the merits, evidence of the general reputation of such building or apartment or of such place, of the inmates thereof, and of those resorting thereto, shall be admissible for the purpose of proving the existence of such nuisance. If the bill is filed upon the relation of a citizen, the proceeding shall not be dismissed for want of prosecution, nor upon motion of such relator, unless there is filed with such motion a sworn statement made by such relator and his attorney, setting forth the reasons therefor, and unless such dismissal is approved by the State's attorney in writing or in open court. If the court is of the opinion that such proceeding ought not to be dismissed it may overrule such motion and may enter an order directing the State's attorney to prosecute such cause to final determination. The cause shall be heard immediately upon issue being joined, and if the hearing is continued beyond the next term, the court in term time, or a judge in vacation, may permit any citizen of the county consenting thereto to be substituted for the original relator. If any such bill is filed upon the relation of a citizen, and the court find that there was no reasonable ground or cause for filing the same, the costs may be taxed against such relator. § 4. The complainant at any time before, but not later than ten days after, the filing of the answer, unless further time be granted by the court, may file interrogatories in writing concerning matters material to the allegations of the bill, or respecting the ownership of the property upon which it is claimed the nuisance is maintained. A full answer to each interrogatory under the oath of the defendant shall be filed with the clerk within ten days after a copy of the interrogatories has been served upon him or his solicitor. For a failure to so answer interrogatories the court may strike the answer to the bill from the files and enter default and a decree pro confesso, and a rule to answer interrogatories may be entered and the court may punish a defendant for contempt of court for a refusal to obey such rule. No person shall be excused from answering interrogatories under oath on the ground that an answer may tend to criminate him or subject him to a penalty or forfeiture. The answer shall be evidence against, but not on behalf of, the defendant; it shall not be used against him in any criminal proceeding nor shall he be prosecuted or subjected to a penalty or forfeiture for or on account of any transaction, matter or thing disclosed by him in such answer responsive to the interrogatories.
§ 5. If the existence of the nuisance is established, the court shall enter a decree perpetually restraining all persons from maintaining or permitting such nuisance, and from using the building or apartment, or the place in which the same is maintained for any purpose for a period of one year thereafter, unless such decree is sooner vacated, as hereinafter provided, and perpetually restraining the defendant from maintaining any such nuisance within the jurisdiction of the court. While said decree remains in effect, such building or apartment, or such place shall be in the custody of the court. An order of abatement shall also issue as a part of such decree, which order shall direct the sheriff of the county to remove from such building or apartment, or such place all fixtures and movable property used in conducting or aiding or abetting such nuisance, and to sell the same in the manner provided by law for the sale of chattels under execution, and to close such building or apartment or such place against its use for any purpose, and to keep it closed for a period of one year unless sooner released as hereinafter provided. The sheriff's fees for removing and selling the movable property shall be taxed as a part of the costs, and shall be the same as those for levying upon and selling like property under execution. For closing the building and keeping it closed the court shall allow a reasonable fee to be taxed as part of the costs: Provided, that no injunction shall issue against an owner, nor shall an order be entered requiring that any building or apartment, or any place be closed or kept closed, if it appears that such owner and his agent have in good faith endeavored to prevent such nuisance. Nothing in this Act contained shall authorize any relief respecting any other apartment than that in which such a nuisance exists.
§ 6. The proceeds of the sale of the movable property shall be applied in payment of the costs of the proceeding and of the abatement, and the balance, if any, shall be paid to the defendant or other person having an interest in said property.
§ 7. In case of the violation of any injunction or order of abatement issued under the provisions of this Act, the court in term time, or a judge in vacation, may summarily try and punish the offender for his contempt of court. The hearing may be had upon affidavits, or either party may demand the production and oral examination of witnesses. § 8. If the owner of such building or apartment, or such place shall appear and pay all costs which may have been assessed, and shall file a bond with sureties to be approved by the clerk, in the penal sum of not less than one thousand dollars nor more than five thousand dollars, conditioned that such owner will immediately abate such nuisance and prevent such a nuisance from being established or maintained therein within a period of one year thereafter, the court shall vacate such decree and order of abatement, so far as the same may relate to such building or apartment, or such place, and shall also vacate the order directing the sale of the movable property. The release herein provided for shall not release such property from any judgment, lien, penalty, or liability to which it may be otherwise subject by law. § 9. Whenever a fine or costs shall be assessed under the provisions of this Act against the owner of any property herein declared to be a public nuisance, such fine or costs shall constitute a lien upon such property to the extent of the interest of such owner, and an order of execution shall issue thereon. § 10. If any lessee or occupant shall use leased premises for the purpose of lewdness, assignation, or prostitution, or shall permit them to be used for any of such purposes, the lease or contract for letting such premises shall, at the option of the lessor, become void, and the owner may have the like remedy to recover possession thereof as against a tenant holding over after the expiration of his term. § 11. If any clause, sentence, paragraph, or part of this Act shall for any reason be adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect, impair, or invalidate the remainder of this Act, but shall be confined in its operation to the clause, sentence, paragraph, or part thereof directly involved in the controversy in which such judgment shall have been rendered. APPROVED June 22nd, 1915.
INMATE HOUSE OF ILL-FAME.
§ 1. Amends Act of 1874 by adding section 57a-1. § 57a-1. Being inmate of house of ill-fame or soliciting in street.
(House BILL No. 164. APPRov ED JUNE 23, 1915.)
AN ACT to amend an Act entitled, “An Act to revise the law in relation to criminal jurisprudence,” approved March 27, 1874, in force July 1, 1874, by adding thereto additional section to be known as section 57a-1. 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 revise the law in relation to criminal jurisprudence,” approved March 27, 1874, in force July 1, 1874, be amended by adding thereto additional section to be known as section 57a-1, as follows:
§ 57a-1. Whoever is an inmate of a house of ill-fame or assignation, or place for the practice of fornication or prostitution or lewdness, or who shall solicit to prostitution in any street, alley, park or other place in any city, village or incorporated town in this State, shall be fined not exceeding two hundred dollars, or imprisoned in the county jail or house of correction for a period of not more than one (1) year, or both. APPROVED June 23d, 1915.
MATTRESSES AND QUILTS-MANUFACTURE AND SALE.
§ 1. Use of second hand materials prohibited. § 3. Mos o: for own use—materials must e Sterilized. § 2. Must be plainly tagged showing materials used and name of manufacturer. § 4. Penalty.
(House BILL No. 704. APPROVED JUNE 29, 1915.)
AN ACT to regulate the making, remaking and renovation of mattrasses [mattresses], quilts, or bed comforters, and regulating the sale thereof, and providing a punishment for a violation thereof. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That no person shall use, either in whole or in part, in the making of any mattrass [mattress], quilt, or bed comforter any second hand cotton, cotton-felt, hair, wool, shoddy, excelsior or kapoc[k], or any other soft material which has been made second hand by use about the person; nor shall any person sell, or offer to expose for sale, or be in the possession or with intent to sell, or deliver any mattrass [mattress], quilt, or bed comforter, in which has been used, in the making, either in whole or in part, any second hand cotton, cottonfelt, hair, wool, shoddy, excelsior or kapoc|k] or any other soft material which has been made second hand by previous use in or about the person. § 2. No person shall sell, or offer or expose for sale, or be in the possession of, with intent to sell or deliver, any mattrass [mattress], quilt or bed comforter which has not plainly written or printed thereon upon a cloth or permanent tag, securely fastened to the outside covering thereof, a statement in English language setting forth the kind of material used for filling and the proportion of each kind of material, if more than one kind of material is used, together with the name of the manufacturer or vendor. § 3. Nothing herein shall prohibit any person from remaking or renovating, or employing others to remake or renovate for him, any mattrass [mattress], quilt, or bed comforter for his own use, but all material used for filling in the remaking or renovating of any mattrass [mattress], quilt, or bed comforter, together with the cover thereof, shall be first sterilized and all such remade or renovated mattrasses [mattresses], quilts, or bed comforters shall have plainly written or printed thereon upon a cloth or permanent tag, securely fastened to the outside covering thereof, a statement in English language, setting forth that the same has been renovated or remade, and that the contents and cover have been sterilized, together with the name and address of the person by whom such sterilizing and remaking or renovating was performed. § 4. Any person who shall violate any of the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall