Sidebilder
PDF
ePub

having jurisdiction thereof in case there seems just ground for such complaint and evidence procurable to support the same.

Upon the filing of such a complaint, it shall be the duty of such officers to render assistance in the prosecution of the party complained against.

Sheriff's, deputy sheriffs, constables and other police officers making arrests and serving warrants under the provisions hereof shall receive the same fees and mileage as constables are entitled to in similar cases, under the provisions of the statutes of the State, and shall also be entitled to one-half of the fines imposed and collected for violations of the provisions hereof in cases where they have filed complaints.

Each duly accredited officer and employee of the Department shall have full authority to execute and serve all warrants and processes issued by any justice of the peace, police magistrate or by any court having jurisdiction under the law relative to the enforcement of the provisions hereof.

§ 76. COURTS-DUTY OF STATE'S ATTORNEY.] All prosecution under the provisions hereof shall be brought in the name of the People of the State of Illinois before a justice of the peace, police magistrate or before any court having jurisdiction under the law relative to the enforcement of the provisions hereof.

It shall be the duty of all State's attorneys to see to it that the provisions hereof are enforced in their respective counties, and to prosecute all persons charged with violating the provisions hereof.

877. VENUE-LIMITATION.] All prosecutions under the provisions hereof shall be brought before a justice of the peace, police magistrate or other court of competent jurisdiction in the county within which the offense was committed, or before a City or Municipal Court of the city. within which the offense was committed, except that in cases where the offense charged is that of having sold, transported, or having in one's possession game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs in violation of the provisions hereof, prosecutions may be brought before a justice of the peace, police magistrate or other court of competent jurisdiction in the county or city in which any such game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs are found. All prosecutions under the provisions hereof shall be commenced within one year from the time the offense charged was committed.

$ 78. RESISTANCE OF OFFICERS.] It shall be unlawful for any person to resist or obstruct any officer or employee of the Department in the discharge of his duties under the provisions hereof.

879. FALSE REPRESENTATIONS.] It shall be unlawful for any person to falsely represent himself to be an officer or employee of the Department, or to assume to so act without having been duly appointed and employed as such.

§ 80. CONTRABAND.] All game, wild animals, wild fowls, birds, fish, mussels, turtles and frogs hunted, killed, taken or destroyed, bought, sold or bartered, shipped, or had in possession contrary to any of the

provisions hereof, shall be and the same are declared to be contraband, and the same shall be subject to seizure and confiscation by any officer or employee of the Department.

§ 81. SEARCHES.] Officers and employees of the Department shall have power and authority, without a warrant, to enter and examine all buildings (except dwellings) fish markets, cold storage houses, camps, vessels, cars (except sealed railroad cars) conveyances, vehicles, tents, game bags, game coats or other receptacles and to open and examine any box, barrel, package or other receptacle in the possession of a common carrier, which they have reason to believe contains game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs hunted, killed, taken or destroyed, bought, sold or bartered, shipped or had in possession contrary to any of the provisions hereof, or that the receptacle containing the same is falsely labeled.

Officers and employees of the Department shall be given free access to and shall not be hindered or interfered with in their examination of buildings, fish markets, cold storage houses, camps, vessels, cars, conveyances, vehicles, tents, game bags, game coats or other receptacles, and in case any officer or employee of the Department is declined free access or is hindered or interfered with in making such examination, any license held by the person preventing such free access or interfering with or hindering such officer or employe shall be subject to revocation by the Department.

§ 82. EVIDENCE OF ILLEGALITY.] The possession by any person of any fish, mussels, frogs or turtles, under the size or weight herein prescribed shall be prima facie evidence that the same were the property of the State at the time they were caught, taken or killed, and that the same were caught, taken or killed within the State.

The possession of any wild animal, wild or game bird or any wild animal, wild or game bird found in transit, which shows shotmarks shall be prima facie evidence that the same is subject to all of the provisions hereof, pertaining to the hunting, taking and possession thereof.

Whenever the contents of any box, barrel, package or receptacle consists partly of contraband and partly of legal game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs, the entire contents of such box, barrel, package or other receptacle shall be subject to confiscation.

Whenever a person has in his or her possession in excess of the number of wild animals, wild fowls or birds permitted under the provisions hereof, the entire number of game, wild fowls or birds in his or her possession shall be subject to confiscation.

83. DISPOSITION OF CONTRABAND.] Contraband game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs seized and confiscated in accordance with the provision hereof, shall be either destroyed, donated to some charitable institution of the State, of its counties or cities, or otherwise disposed of as directed by the Department.

$84. SEARCH WARRANTS.] Whenever any officer or employe of the Department, sheriff, deputy sheriff, constable or other police officer of the State shall have reason to believe that any person, commercial

institution, commission house, restaurant or cafe keeper, or fish dealer has in his, her or its possession any game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs contrary to the provisions hereof, he may file, or cause to be filed, his sworn complaint to such effect before a court of competent jurisdiction and procure a search warrant and execute the same. Upon the execution of such a search warrant, the officer executing same shall make due return thereof to the court issuing the same, together with an inventory of all the game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs taken thereunder. The court shall thereupon issue process against the party owning or controlling the game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs seized, and upon the return thereof it shall proceed to determine whether or not the same were held or possessed in violation of the terms hereof, and in case of a finding to the effect that the same were so illegally held or possessed, a judgment shall be entered against the owner or party found in possession of the same for the costs of the proceeding and providing for the disposition of the property seized, as provided for by the terms hereof.

$85. NUISANCES.] Each and every device, including a ferret, used or operated, or attempted to be used or operated, by any person in hunting, taking, catching, killing or destroying any game, wild animals, wild fowls, birds, fish, mussels, turtles or frogs, contrary to any of the provisions of this Act, is hereby declared to be a public nuisance and subject to seizure and confiscation by any officer or employee of the Department.

Ferrets and every device, the use of which by the terms of this Act is wholly prohibited, shall be destroyed upon seizure.

Upon the seizure of any other device, because of the illegal use of the same, the officer or employee of the Department making such seizure shall forthwith cause a complaint to be filed before a justice of the peace, police magistrate, or other court of competent jurisdiction and a summons to be issued requiring the owner or party in possession of such device to appear in court and show cause why the device seized should not be forfeited to the State. In case of failure to serve such summons upon the owner of such device, or party in possession of the same at the time of the seizure thereof, notice of the proceeding before the justice of the peace, police magistrate, or other court, shall be given as required by the statutes of the State in cases of attachment. Upon the return of the summons duly served or upon posting or publication of notice made as hereinbefore provided, the court shall proceed to determine the question of the illegality of the use of the device seized, and upon judgment being entered to the effect that such device was illegally used, an order shall be entered providing for the forfeiture of the device seized to the State.

$86. FINE.] Any person who shall be found guilty of violating any of the provisions of paragraph (b) of section 28 of this Act shall be fined not less than one thousand dollars ($1,000), or imprisoned in the penitentiary for one year, or both fined and imprisoned, in the discretion of the court.

Any person who shall be found guilty of violating any of the provisions of sections 69 or 70 of this Act shall be fined not less than fifty ($50) dollars, nor more than two hundred ($200) dollars for each offense, or imprisoned in the county jail not less than thirty (30) days nor more than sixty (60) days, or both fined and imprisoned, in the discretion of the court.

Any person who shall be found guilty of violating any of the provisions of sections 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 18, 22, paragraphs (a), (c), (d), and (e) of 28, 33, 39, 43, 50, 56, 57, 58, 59, 60, 61, 63, 64, 65, 66, 67, 68, 71, 74, 78, 79 or 81 of this Act shall be fined not less than twenty-five ($25) dollars, nor more than one hundred ($100) dollars for each offense, or imprisoned in the county jail not less than fifteen (15) days nor more than thirty (30) days, or both fined and imprisoned, in the discretion of the court.

Any person who shall be found guilty of violating any of the provisions of sections 19, 20, 21, 23, 24, 25, 26, 27, 29, 30, 32, 34, 35, 36, 37, 38, 42, 46, 48, 49, 52, 53 or 55 of this Act shall be fined not less than fifteen ($15) dollars, nor more than one hundred ($100) dollars for each offense, or imprisoned in the county jail not less than ten (10) days, nor more than twenty (20) days, or both fined and imprisoned, in the discertion of the court.

Any person who shall be found guilty of violating any of the provisions of section 17 of this Act shall be fined not less than ten ($10) dollars, nor more than fifty ($50) dollars for each offense, or imprisoned in the county jail not less than five (5) days, nor more than ten (10) days, or both fined and imprisoned, in the discretion of the court.

Each and every person found guilty of violating any of the provisions of this Act, and who is fined only, shall be imprisoned until the amount of the fine and costs imposed against him or her has been paid, but such imprisonment shall in no case exceed twenty (20) days.

$87. SEPARATE OFFENSES.] Each wild animal, wild fowl, bird. fish, mussel, turtle or frog caught, taken, killed, captured; destroyed, shipped, offered or received for shipment, transported, bought, sold or bartered, or had in possession, contrary to the provisions of this Act. and each seine, net or other device, including ferrets, used or attempted to be used, in violation of the provisions hereof, shall constitute a separate offense.

$88. ACCESSORIES.] Any person who makes any use of, or has in possession any game, wild animal, wild fowl, bird, fish, mussel, turtle or frog which has been caught, taken, killed or destroyed contrary to any of the provisions hereof, shall be equally liable under the provisions hereof for the penalties imposed against the person who caught, took. killed or destroyed such game, wild animal, wild fowl, bird, fish, mussel. turtle or frog, or who was formerly in possession of the same.

$89. REMITTANCE OF FINES.] All fines imposed and collected for violations hereof shall be remitted to the Department within thirty days after the collection thereof by the justice of the peace, police magistrate or clerk of the court in which the prosecution was brought.

All fines imposed and collected for violations hereof and not remitted to the Department within thirty days from such collection, shall

be deemed to have been embezzled and the justice of the peace, police magistrate or clerk of the court responsible for such failure to remit shall be subject to prosecution for embezzlement.

$ 90. REPEAL.] An Act entitled, "An Act for the conservation of game, wild fowls, birds and fish in the State of Illinois, for the appointment of a commission and staff for the enforcement thereof, and to repeal certain Acts relating thereto," approved June 23, 1913, in force July 1, 1913, as amended, and all Acts and parts of Acts in conflict herewith, are hereby repealed.

APPROVED June 24, 1919.

LICENSING OF DOGS-DAMAGE BY DOGS TO SHEEP.

[blocks in formation]

AN ACT to amend sections 1a, 2, 2b, 3, 4, 5 and 6 of an Act entitled: "An Act providing for the licensing of dogs and for the payment of damages done by dogs to sheep out of the proceeds of the license fees,' approved May 29, 1879, in force July 1, 1879, as amended.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: Sections 1a, 2, 2b, 3, 4, 5 and 6 of an Act entitled: "An Act providing for the, licensing of dogs and for the payment of damages done by dogs to sheep out of the proceeds of the license fees," approved May 29, 1879, in force July 1, 1879, as amended, are amended to read as follows:

§ la. Sections 1 and 2 of this Act shall not apply to the owners or keepers of dogs who reside within the limits of a city or village having a population of twenty-five thousand or more according to the last preceding federal or State census, in which the licensing of dogs is now or may hereafter be provided for by ordinance.

§ 2. The assessor shall, at the time such dogs are listed for assessment, collect from each owner or keeper of a dog or dogs a license fee of one dollar ($1.00) for each male or spayed female dog, and and three dollars ($3.00) for each unspayed female dog. Upon the payment of this license fee, the assessor shall deliver to the owner or keeper, for each dog, a license and a metallic tag. The license shall be dated and numbered and shall bear the name of the county issuing it, the name and address of the owner of the dog licensed, and a description of the dog, indicating its breed, sex, age, color and markings. The assessor shall file a duplicate copy of each license with the county clerk. The metallic tag shall bear the name. of the county issuing it, a serial number corre

« ForrigeFortsett »