« ForrigeFortsett »
adjudged to have been entered into voluntarily, and shall not be set aside or adjudged insufficient for want of form, either in the recognizance or in the certificate of the officer taking the same.
§ 10. All recognizances taken in criminal cases shall be delivered to the clerk of the court before which the accused or witness is bound to appear, on or before the day mentioned in such recognizance for his appearance.
The lien of every such recognizance existing by virtue of the provisions of an Act entitled “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, as subsequently amended, by amending sections 7, 8, 9 and 10 of Division III thereof,” in force July 1, 1917, is hereby terminated except in cases where such recognizances have been heretofore reduced to judgment.
APPROVED June 28, 1919.
§ 1. Amends sections 1, 3, 4, 8, 11, 16 § 11. Default of payment. and 18, Act of 1872. § 16. Limitation.
§ 1. Complaint of mother.
(HOUSE BILL No. 745. APPROVED JUNE 28, 1919.)
AN ACT to amend sections 1, 3, 4, 8, 11, 16 and 18 of an Act entitled: “An Act concerning bastardy,” approved April 3, 1872, in force July 1, 1872, as amended. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Sections 1, 3, 4, 8, 11, 16 and 18 of an Act entitled, “An Act concerning bastardy,” approved April 3, 1872, in force July 1, 1872, as amended, are amended to read as follows: 1. When a woman who shall be pregnant, or delivered of a child, which, by law, would be deemed a bastard, shall make complaint to a justice of the peace or judge of a court having jurisdiction herein, in the county where she may be so pregnant or delivered, or the person accused may be found, and shall accuse, under oath or affirmation, a person with being the father of such child, it shall be the duty of such justice or judge to issue a warrant against the person so accused and cause him to be brought forthwith before him, or in his absence, any other justice of the peace or judge in such county. § 3. Upon his appearance, it shall be the duty of said justice or judge to examine the woman, upon oath or affirmation, in the presence of the man alleged to be the father of the child, touching the charge against him. The defendant shall have the right to controvert such charge, and evidence may be heard, as in cases of trials before the County Court. If the justice or judge shall be of the opinion that sufficient cause appears, it shall be his duty to bind the person so accused, in bond, with sufficient security, to appear at the next term of the court having jurisdiction herein, in such county, to answer such charge, to which court said warrant and bond shall be returned. On neglect or refusal to give bond and security, the justice or judge shall cause such person to be committed to the jail of the county, there to be held to answer the complaint. § 4. The court having jurisdiction of cases coming within the terms of an Act entitled, “An Act relating to children who are or may hereafter become dependent, neglected or delinquent, to define these terms and to provide for the treatment, control, maintenance, adoption and guardianship of the persons of such children”, approved April 21, 1899, in force July 1, 1899, as amended, shall, with other courts of Competent jurisdiction, have jurisdiction in the trial of all cases arising under the terms of this Act. The said court, at its next term, shall cause an issue to be made up, whether the person charged, as aforesaid, is the real father of the child or not, which issue shall be tried by a jury. When the person charged appears and denies the charge, he shall have a right to controvert, by all legal evidence, the truth of said charge. $ 8. In case the issue is found against the defendant or reputed father, or whenever he shall, in open court, have confessed the truth of the charge against him, he shall be condemned by the order and judgment of the court to pay a sum of money not exceeding two hundred dollars for the first year after the birth of such child, and a sum not exceeding one hundred dollars yearly, for nine years succeeding said first year, for the support, maintenance and education of such child, and shall, moreover, be adjudged to pay all the costs of the prosecution, for which costs execution shall issue as in other cases. And the said reputed father shall be required by said court to give bond with sufficient Security, to be approved by the judge of said court, for the payment of such sum of money as shall be ordered by said court, as aforesaid; which said bond shall be made payable to the people of the State of Illinois, and conditioned for the due and faithful payment of said yearly sum, in equal quarterly installments, to the clerk of said court, which bond shall be filed and preserved by the clerk of said court. § 11. Whenever default shall be made in the payment of an installment, or any part thereof, mentioned in the bond provided for in the foregoing section, the judge of the court wherein such bond is filed shall, at the request of the mother or guardian or any other person interested in the support of such child, issue a citation to the principal and sureties in said bond, requiring them to appear on some day, in said citation mentioned, during the next term of said court and show cause, if any they have, why execution should not issue against them for the amount of the installment or installments due and unpaid on said bond, which said citation shall be served by any sheriff or constable of the county in which such principal or sureties reside or may be found, at least five days before the term day thereof. And if the amount due on such installment or installments shall not be paid at or before the time mentioned for showing cause, as aforesaid, the said judge shall render judgment in favor of the people of the State of Illinois, against the principal and sureties who have been served with said citation, for the amount unpaid on the installment or installments due on said bond, and the costs of said proceeding; and execution shall issue from said court against the goods and chattels of the person or persons against whom said judgments shall be rendered, for the amount of said judgement and costs, to the sheriff of any county in the State where the parties to said judgment, or either of them, reside or have property subject to such execution.
§ 16. No prosecution under this Act shall be brought after two years from the birth of such child: Provided, that where the reputed father has acknowledged in open court the paternity of the child, then, and in such case, prosecution may be brought at any time within two years from the last time such acknowledgment of paternity by the reputed father was made: Provided, further that the time any person accused shall be absent from the State shall not be computed.
§ 18. The mother of a bastard child, before or after its birth, may release the reputed father of such child from all legal liability on account of such bastardy, upon such terms as may be consented to in writing by the judge of the court having jurisdiction herein of the county in which such mother resides: Provided, a release obtained from such mother in consideration of a payment to her of a sum of money less than eight hundred dollars in the absence of the written consent of the judge of the court having jurisdiction herein, shall not be a bar to a suit for bastardy against such father, but if, after such release is obtained, suit be instituted against such father and the issue be found against him, he shall be entitled to a set-off for the amount so paid, and it shall be accredited to him as of the first payment or pay. ments: And, provided, further, that such father may compromise all his legal liability on account of such bastard child, with the mother thereof, without the written consent of such judge, by paying to her any sum not less than eight hundred dollars.
APPROVED June 28, 1919.
CIRCULATING PAPERS SIMULATING COURT PROCESS.
§ 1. Penalty for.
AN ACT to define and punish the offense of circulating papers simulating court process. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That any person, firm or corp" ration who shall send, deliver or mail, or in any manner shall cause to be sent, delivered or mailed, any paper or document simulating or in tended to simulate a summons, complaint, writ or other court process of any kind, to any person, firm or corporation, shall be guilty of a misdemeanor, and, upon conviction, shall be fined not less than ten
dollars ($10.00), nor more than three hundred dollars ($300,00), or imprisoned not more than six months, or both. APPROVED June 28, 1919.
§ 1. Amends section 46, Division I, Act $ 46. Against people of of 1874. State, municipalities, etc.—penalty.
(SENATE BILL No. 573. APPRoved JUNE 20, 1919.)
AN ACT to amend section 46 of Division 1 of “An Act to revise the law in relation to criminal jurisprudence,” approved March 27, 1874, in force July 1, 1874, as amended. SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Section 46 of Division 1 of “An Act to revise the law in relation to criminal jurisprudence,” approved March 27, 1874, in force July 1, 1874, as amended, is amended to read as follows: § 46. If any two or more persons conspire or agree together, or the officers or executive committee of any society or organization or corporation, shall issue or utter any circular or edict, as the action of or instruction to its members, or any other persons, societies, organizations, or corporations, for the purpose of establishing a so-called boycott or black list, or shall post or distribute any written or printed notice in any place, with the fraudulent or malicious intent wrongfully and wickedly to injure the person, character, business or employment, or property of another, or to obtain money or other property by false pretenses, or to do any illegal act injurious to the public trade, health, morals, police, or administration of public justice, or to prevent competition in the letting of any contract by the State, or the authorities of any counties, city, town or village, or to induce any person not to enter into such competition, or to commit any felony, they shall be deemed guilty of a conspiracy; and every such offender, whether as individuals or as the officers of any society or organization, and every person convicted of conspiracy at common law, shall be imprisoned in the penitentiary not exceeding five years, or fined not exceeding $2,000, or both. Associations, corporate or otherwise, of farmers, gardners [gardeners] or dairymen, including livestock farmers and fruit growers, engaged, in making collective sales or marketing for its members or shareholders of farm, orchard or dairy products, produced by its members or shareholders are not conspiracies, contracts, agreements, arrangement of [or] combinations made by such associations or the members, officers or directors thereof in making such collective sales and marketing and prescribing the terms and conditions thereof are not conspiracies and they shall not be construed to le injurious to the public trade. APPROVED June 30, 1919.
coxsp1BACIES. § 1. Amends section 1, Act of 1877. § 1. Penalty. (House BILL No. 622. APPROVED JUNE 28, 1919.)
AN ACT to amend an Act entitled, “An Act to define and punish conspiracies in the State of Illinois,” approved April 19, 1877, in force July 1, 1877, by amending section one (1) thereof. 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 define and punish conspiracies in the State of Illinois,” approved April 19, 1877, in force July 1, 1877, be and is hereby amended by amending section one (1) thereof to read as follows: § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That if two or more persons conspire either to commit any offense against the State of Illinois, or any county, incorporated city, village, town or township thereof, or to defraud the State of Illinois, or any county, incorporated city, village, town or township thereof, in any manner, or for any purpose, and one or more of such parties, do any act to effect [affect] the object of the conspiracy, all parties to such conspiracy shall be liable to a penalty of not less than one hundred dollars, and not more than five thousand dollars, and to be imprisoned in the penitentiary for a term of not less than one year nor more than two years or imprisonment in the county jail for any period not exceeding two years. Provided, however, this Act shall not be construed to modify or repeal any other law in force in this State. APPROVED June 28, 1919.
§ 1. Amends sections therein named, $ 87. Rescue of prisoner Act of 1874. charged with high crime before con
§ 6. Advertising abortifa
cient drugs—pen- § 119. Issu in g fraudulent
alty. stock—penalty. § 16. Attempt to commit § 120. Signing with intent
arson—penalty. to issue fraudulent
§ 46. Conspiracy against