tant from said horses or other animals, and sooner in case said horses or other ani mals become frightened at said engine before arriving at said distance The owner or driver of said engine shall also keep a good trusty man, not less than fifty nor more than two hundred (200) yards in advance of said engine, to assist in controlling any horses or other animals being driven or used on said highway, until said horses or other animals shall have passed by said engine; and it shall be the duty of the man thus sent in advance to use all reasonable care and diligence to prevent the occurrence of any accidents which might result in case said horses or other animals become frightened at said steam engine.

*258b. Blowing whistle prohibited. § 2. It shall be unlaw ful for any person to blow the whistle of said engine, while on the public highway. *258c. Duty on crossing bridge. § 3. It shall be unlawful for any person to drive a steam engine over any bridge or culvert, on any public highway in this State, without using four sound, strong planks, each to be not less than twelve feet long, one foot wide and two inches thick; two of said planks to be kept continuously under the wheels of said engine while crossing said bridge or culvert.

*258d. Penalty. 4. Any owner of a steam engine, who, by himself, agent or employe, violates the provisions of sections "one or "two" of this act, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall, for each offense, be fined not less than ten dollars nor more than fifty dollars. to be recovered before any court of competent jurisdiction, and shall also be liable for all damages that may be sustained by persons or property by reason of his failing to comply with the provisions of this act; and for a violation of section three (3) of this act, the owner of said engine shall be liable for all damages resulting to said bridge or culvert by reason of his failure to comply with the requirements of said section, together with the costs of prosecution.

SUNDAY.

259. Tippling house on. $ 250. Whoever keeps open any uppling house, or place where liquor is sold or given away, upon the first day of the week commonly called Sunday, shall be fined not exceeding $200.

IR. S. 1845, p. 174, 127; Hart v. People, 89 Ill. 408; Seibold v People, 86 Ill. 33, Mohler v. People, 24. 26; Fant v. People, 45 11 262: Koop v. People, 47 Ill. 329; Patten v. City of Centralia, 47 Ill. 370; Kroer v. People, 78 Ill. 294.

260. Definition. § 260. Sunday shalt include the time from midnight to midnight.

261. Disturbing peace of society on. 261. Whoever d's. turbs the peace and good order of society by labor (works of necessity and charity excepted), or by any amusement or diversion on Sunday, shall be fined not exceeding $25. This section shall not be construed to prevent watermen and railroad companies from landing their passengers, or watermen from loading and unloading their cargoes, or ferrymen from carrying over the water travelers and persons moving their families, on the first day of the week, nor to prevent the due exercise of the rights of conscience by whomever thinks proper to keep any other day as a Sabbath.

[R. S. 1845, p. 177, 32 144, 145 ; Johnston v. People, 31 I11. 469: Scammon v. City of Chicago, 40 Ill. 146; Jenks v. City of Chicago, 48 Ill. 297; Weld v. Rees, 48 Ill. 428. 262. Disturbing peace of family on.

262. Whoever shall

[*392] be guilty of any noise, rout or amusement on the first day of the week, called Sunday, whereby the peace of the private family may be disturbed, shall be fined not exceeding $25. [R. S. 1845, p. 177, § 146.

TREASON.

263. Who can commit. $263. Crimes against the government and people shall consist in treason and misprision of treason, and can only be committed by persons owing allegiance to the State. [R. S. 1845, p. 154, 19.

264. Punishment. 264. Treason shall consist in levying war against the government and people of this State in the same, or being adherent to the enemies of this State, giving them aid, advice and comfort in this State or elsewhere. Any person being thereof duly convicted of open deed by two or more witnesses or voluntary confession in open court, shall suffer the pains and penalties of death; and when the overt

act of treason shall be committed without the limits of this State, the person charged therewith may be arrested, tried and punished in any county in this State, within the limits of which he may be found; and the offense may be charged to have been committed in the county where he may be arrested. [R. S. 1845, p. 154, 20.

265. Misprision of treason. 265. Misprisions of treason shall consist in the knowledge and concealment of treason, without otherwise assenting to or participating in the crime. Any person found guilty thereof shall be imprisoned in the penitentiary not exceeding two years. [R. S. 1845, p. 154, § 21.

TRESPASS.

266. Upon gardens, etc. § 266. Whoever willfully enters and passes over any garden, yard or other improved field, after being expressly forbidden so to do by the owner or occupant thereof, shall be fined not exceeding five dollars.

267. Upon orchards, etc. § 267. Whoever shall, hereafter, enter the inclosure of any person without leave of the owner, and pick, destroy or carry away any part or portion of the fruit of any apple, pear, peach, plum, or other fruit tree, vine or bush, shall be fined not exceeding $100. [L. 1861, p. 125, § 1.

268. Upon coal mines, manufactories, etc. § 268. Whoever, without authority of law and not being the owner or agent of adjoining lands, enters the coal bank, mine, shaft, manufactory or place where workmen are employed, of another, without the expressed or implied consent of the owner or manager thereof, after notice that such entry is forbidden, shall be fined not exceeding $200, or confined in the county jail not exceeding six months, in the discretion of the court. [See SS 158-160. L. 1863, p. 70, § 3.

269. Cutting trees, etc. 269. Whoever shall knowingly and willfully, without color of title made in good faith, cut, box, fell, bore or destroy any tree or sapling, standing or growing upon the land of another, without the consent of the owner of the land, or if the land belongs to the State, is school land, canal land, or belongs to any association or corporation, without the consent of the proper authorities, or persons having legal charge thereof, shall be fined not less than three dollars nor more than $200, or confined in the county jail not exceeding three months. [See "Schools," ch. 122, § 82. R. S. 1845, p. 525, § 1; p. 526, 4; L. 1845, p. 602, § 4; L. 1851, p. 6, § 1; p. 7, § I.

VAGABONDS.

270. Vagabonds - what shall constitute. § 270. All persons who are idle and dissolute, and who go about begging; all persons who use any juggling or other unlawful games or plays; runaways; pilferers; confidence men; common drunkards; common night-walkers; lewd, wanton and lascivious persons, in speech or behavior; common railers and brawlers; persons who are habitually neglectful of their employment or their calling, and do not lawfully provide for themselves, or for the support of their families; and all persons who are idle or dis

solute and who neglect all lawful business, and who habitually misspend their time by frequenting houses of ill-fame, gaming houses or

[*393] tippling shops; all persons lodging in or found in the night time in

outhouses, sheds, barns or unoccupied buildings or lodging in the open air, and not giving a good account of themselves; and all persons who are known to be thieves, burglars or pickpockets, either by their own confession or otherwise, or by having been convicted of larceny, burglary, or other crime against the laws of the State, punishable by imprisonment in the State prison, or in a house of correction of any city, and having no lawful means of support, are habitually found prowling around any steamboat landing, railroad depot, banking institution, broker's office, place of public amusement, auction room, store, shop or crowded thoroughfare, car or omnibus, or at any public gathering or assembly, or lounging about any court room, private dwelling-houses or out-houses, or are found in any house of ill-fame, gambling-house, or tippling shop, shall be deemed to be and they are declared to be vagabonds.

[As amended by act approved April 27, 1877. In force July 1, 1877; R. S. 1845, p. 175, § 138; L. 1877, p. 87; Miles v. Weston, 60 Ill. 365; People v. Turner, 55 Ill. 280; Shanley v. Wells, 71 Ill. 79.

271. How punished. § 271. It shall be the duty of the sheriff, constable, city marshal and police officers of any county, town, village, city or other municipality in this State, to arrest upon view, or acting at the request of any person: Provided, such person shall have first made a written complaint and obtained a warrant from an officer authorized to issue one for the arrest of any such vagabond, to arrest and bring before the nearest justice of the peace or police justice, any such vagabond wherever he may be found, for the purpose of an examination; and the said sheriff, constable, city marshal, police officer or other officer, shall then and there make complaint against such vagabond; and the said justice of the peace or police justice shall, within thirty-six hours thereafter, proceed to try the person accused of being a vagabond; and if he pleads guilty, or if he be found guilty, the said justice of the peace, or police justice, may sentence the said vagabond to imprisonment at hard labor upon the streets or highways or in the jail, calaboose or other building used for penal purposes of the county, town, village, city or other municipality in which such vagabond was convicted, or to the house of correction of any city having a contract with such county for the care of prisoners, for a term of not less than ten days and not exceeding six months in the discretion of the said justice of the peace or police justice; or the said justice of the peace or police justice may sentence the said vagabond to pay a fine of not less than twenty dollars, nor more than one hundred dollars, and costs of suit; and in default of the immediate payment of said fine and costs so imposed, said vagabond shall thereupon be sentenced to imprisonment at hard labor in said jail, calaboose, or other building used for penal purposes, or in said house of correction or on the streets or public highways, for a term of not less than five days, nor more than six months, by the said justice of the peace or police justice. In all complaints under this act the complainant shall set forth the name of the offending person if he can obtain the same; the place and date of the offense, and shall also set forth such other facts

as will, if substantiated by competent witnesses, establish the guilt of the prisoner. The justice may cause to be subpoenaed such witnesses as the defendant may request, and may be found within the jurisdiction of such officer issuing such writ of arrest, and the complaint shall be signed and sworn to by the complainant. In all cases under this act the justice shall make a full record of the case, giving the date of the complaint, and of the offense, name of the defendant, if known, and character of the charge; the names of all witnesses examined and his findings, together with all other proceedings had in the case; and when he shall commit any vagabond to the jail, calaboose, or other building used for penal purposes, as hereinbefore stated, or to the house of correction of any city, he shall make out a mittimus and sign the same, directing the same in the name of the People of the State of Illinois, to the sheriff of the county, or to the superintendent of the house of correction of the city, or to any officer having charge of any such jail, calaboose or building used for penal purposes as aforesaid, as the case may be, which said mittimus must show the date of the charge, name of the complainant, name of the defendant if known, the offense charged, names of all witnesses examined, date and place of trial, the finding of the court, and the sentence imposed; and it shall command the said sheriff or the said superintendent of the house of correction or any other such officer as aforesaid as the case may be, to receive and to keep the body of the said defendant, as said mittimus may provide, until the expiration of the time specified in the sentence, or until he be discharged by due process of law, which said mittimus shall be sufficient warrant to the said sheriff or to the said superintendent of the house of correction, or other officer as the case may be, to hold the body of the said defendant, as by the terms of sentence as in such mittimus commanded; Provided, that nothing herein shall be construed to prohibit the officer in charge of any such jail, calaboose, house of correction or other building used for penal purposes, from compelling such prisoner to work at reasonable labor for the benefit of any such county, town, village, city or other municipality wherein said prisoner may have been convicted.

[As amended by act approved April 27, 1877. In force July 1, 1877. L. 1877, p. 87; Ex parte Bollig, 31 Ill. 88.

WITNESSES.

272. Causing witness to abscond or secrete himself. 272. Whoever, by hiring, persuasion, or otherwise, induces any witness in any criminal cause, or any person having knowledge of any fact tending to show the guilt or innocence of any person suspected or charged with having committed a crime, to leave the State or secrete himself so that he cannot be produced as a witness at any examination or trial of the person so suspected or charged, or whoever having knowledge of any fact tending to show the guilt or innocence of any person suspected or charged with having committed a crime, takes any money or valuable consideration or gratuity, or promise therefor, upon an agreement or understanding, expressed or implied, not to testify or give evidence of such fact, or to leave the State, or to secrete himself so that he cannot be produced as a witness at any examination or trial of the person so suspected

or charged, shall be fined not exceeding $1,000 or confined in the county jail not exceeding one year, or both. [As amended by act approved May 22, 1877. In force July 1, 1877. L. 1877, p. 89.

*273. Injuring ice. § 273. Whoever willfully or maliciously injures, mars, floods or otherwise damages or destroys any ice forming, formed or being upon any waters within this State from which ice is or may be taken as an article of merchandise, whereby the taking thereof is hindered or the value thereof diminished for that purpose, or whoever willfully and maliciously incites or procures another so to do, shall be fined not exceeding $500, or confined in the county jail not exceeding one year, or both, according to the nature and aggravation of the offense. [Added by act approved June 18, 1883. In force July 1, 1883. L. 1883, p. 76.

DIVISION II.

GENERAL PROVISIONS.

273. Attempt to commit an offense. SEC. 1. Whoever attempts to commit any offense prohibited by law, and does any act towards it but fails, or is intercepted or prevented in its execution, where no express provision is made by law for the punishment of such attempt, shall be punished, when the offense thus attempted is a felony, by imprisonment in the penitentiary not less than one, nor more than five years; in all other cases, by fine not exceeding $300, or by confinement in the county jail not exceeding six months.

[Coates v. People, 72 Ill. 303; Cox v. People, 82 Ill. 192; Walsh v. People, 65 Ill. 58.

ACCESSORIES.

274. Before the fact. § 2. An accessory is he who stands by, and aids, abets, assists or who, not being present, aiding, abetting or assisting hath advised, encouraged, aided or abetted the perpetration of the crime. He who thus aids, abets, assists, advises or encourages, shall be considered as principal, and punished accordingly.

[R. S. 1845, P. 153, § 13; Coates v. People, 72 Ill. 303; White v. People, 81 Ill. 337; Brennan v. People, 15 Ill. 511; Kennedy v. People, 40 Ill. 488; Baxter v. People, 2 Gilm. 580; Bell v. Mallory, 61 Ill. 170; Williams v. People, 54 Ill. 426; Barron v. People, 73 Ill. 256; Develing v. Sheldon, 83 Ill. 390; Baxter v. People, 3 Gilm. 368; Dempsey v. People, 47 Ill. 323; Van Meter v. People, 60 Ill. 168; Stinson v. People, 43 Ill. 401; Miller v. People, 39 Ill. 464; Smith v. People, 74 Ill. 144; White v. People, 81 Ill. 333; Johnson v. People, 83 Ill. 431.

275. May be punished independently of principal. 3. Every such accessory, when a crime is committed within or without this State by his aid or procurement in this State, may be indicted and convicted at the same time as the principal, or before, or after his conviction, and whether the principal is convicted or amenable to justice, or not, and punished as principal.

276. After the fact. § 4. Every person not standing in the relation of husband or wife, parent or child, brother or sister to the offender, who knows the fact that a crime has been committed, and conceals it from the magistrate, or who harbors, conceals, maintains or assists any principal felon, or any accessory before the fact, knowing him to be such, shall be deemed an accessory after the fact, and shall be punished by imprisonment not exceeding two years, and a fine not exceeding $500.

[R. S. 1845, P. 153, § 14; Reynolds v. People, 83 Ill. 479; Yoe v. People, 49 Ill. 414.

[*394] DEFINITION OF OFFENSES WHO CAPABLE OF COM. MITTING DISABILITIES.

277. Felony. § 5. A felony is an offense punishable with death or by imprisonment in the penitentiary.

[Halliday v. People, 83 Ill. 479.