CHAP. 43. DRAM SHOPS. enforced in the same manner as other judgment recovered before justices of the peace. [Rickart v. People, 79 Ill. 85; Ferguson v. People, 73 Ill. 559. 12. Indictment, or fine. 12. Any fine or imprisonment mentioned in this act may be enforced by indictment in any court of record having criminal jurisdiction, or the fine above may be sued for and recovered before any justice of the peace of the proper county, in the name of the people of the State of Illinois; and in case of conviction the offender shall stand committed to the county jail until the judgment and costs are fully paid. [Rickart v. People, 79 Ill. 85; Dyer v. People, 84 Ill. 624. 13. Shifts. 13. The giving away of intoxicating liquors, or other shift or device to evade the provisions of this act, shall be held to be an unlawful selling. 14. Evidence. 14. In all prosecutions under this act, by indictment or otherwise, it shall not be necessary to state the kind of liquor sold; or to describe the place where sold; nor to show the knowledge of the principal to convict for the acts of an agent or servant; and in all cases the persons to whom intoxicating liquors shall be sold in violation of this act, shall be competent witnesses. § 15. It shall be no objection to a recovery under this act that the offense for which the person is prosecuted is punishable under any city, village or town ordinance. 15. City or village ordinance no defense. [Gunnarssohn v. City of Mt. Sterling, 92 Ill. 569; Martel v. City of East St. Louis, 94 Ill. 67. AN ACT to restrict the powers of counties, cities, towns and villages, in licensing dram shops, to provide for granting a license to retail malt liquors separately, and for punishing persons holding such separate license for unlawful sale and gifts. [Approved June 15, 1883. In force July 1, 1883. L. 1883, p. 92. *16. Licenses, how granted. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That hereafter it shall not be lawful for the corporate authorities of any city, town or village in this State, to grant a license for the keeping of a dram-shop, except upon the payment, in advance, into the treasury of the city, town or village granting the license, such sum as may be determined by the respective authorities of such city, town or village, not less than at the rate of five hundred dollars per annum : Provided, that in all cases when a license for the sale of malt liquors only is granted, the city, town or village granting such license, may grant the same on the payment, in advance, of the sum of not less than at the rate of one hundred and fifty dollars per annum: And, provided further, that the city councils in cities, the board of trustees in towns, and president and board of trustees in villages, may grant permits to pharmacists for the sale of liquors for medicinal, mechanical, sacramental and chemical purposes only, under such restrictions and regulations as may be provided by ordinance. *17. License may be granted by county boards. § 2. The county boards of each county may grant licenses to keep so many dramshops in their county as they may think the public good requires, upon the application, by petition, of a majority of the legal voters of the town, if the county is under township organization, and if not under township organization, then of a majority of the legal voters of the election precinct or district where the same is proposed to be located, and upon the payment into the county treasury of such sum as the board may require, not less than five hundred dollars per annum for each license; and upon compliance with the provisions of an act entitled "An act to provide for the licensing of, and against the evils arising from the sale of intoxicating liquors," appproved March three, eighteen hundred and seventy-four; in force July one, eighteen hundred and seventy-four: Provided, that in all cases where a license is granted for the sale of malt liquors only, such board may grant the same, upon payment into the county treasury, of a sum not less than one hundred and fifty dollars per annum for each license: Provided further, such board shall not have power to issue any license to keep a dram shop in any incorporated city, town or village, or within two miles of the same, in which the corporate authorities have authority to license, regulate, restrain or prohibit the sale of liquors, or in any place where the sale of liquors is prohibited by law. *18. License to sell malt liquor-penalty for selling other liquors. § 3. Any person having a license to sell malt liquors only, who shall by himself or another, either is [as] principal, clerk or servant, directly or indirectly, sell or give any intoxicating liquors, other than malt liquors in a less quantity than one gallon, or in any quantity to be drank upon the premises, or in or upon any adjacent room, building, yard or place of public resort, shall for each offense be fined not less than twenty dollars, nor more than one hundred dollars, or confined in the county jail not less than ten nor more than thirty days, or both, in the discretion of the court. The penalties provided for in this section may be enforced by indictment or information in any court of competent jurisdiction, or the fine only may be sued for and recovered before any justice of the peace of the proper county, and in case of conviction, the offender shall stand committed to the county jail until the fine and costs are fully paid. A conviction under this section shall forfeit the license held by the defendant, and the court rendering judgment upon such conviction shall in such judgment declare a forfeiture of such license. [Bandalow v. People, 90 III 218; People v. Barnett, 91 III. 424; Noecker v. Penple, 91 Ill. 468; Wiedman v. People, 92 Ill. 314; Humpeler v. People, 92 Ill. 400; Gunnarssohn v. City of Sterling, 92 Ill. 569; People v. Village of Crotty, 93 Ill. 187; Schroder v. Crawford, 94 Ill. 357; Martel v. City of East St. Louis, 94 Ill. 67; Lovingston v. Board of Trustees, 99 Ill. 565; Wright v. People, 101 Ill. 126. SALE OF LIQUORS OUTSIDE OF MUNICIPALITIES. AN ACT to regulate the sale of intoxicating liquors outside the incorporated limits of cities, towns and villages. Approved May 4, 1887. In force Jul 1, 1887. L. 187. p. 194.) 19. Selling liquor outside limits of municipalities, etc. -penalty. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whoever shall, outside of the incorporated limits of any city, town or village, by himself or another, either as principal. clerk or servant, directly or indirectly, sell, barter or exchange, or in any manner dispose of, for money or any thing of value, any intoxicating liquors of any kind, in any less quantity than five gallons and in the original package as put up by the manufacturer, shall, for each offense, be fined not less than fifty nor more than one hundred dollars, or imprisoned in the county jail not less than thirty nor more than ninety days, or both, in the discretion of the court. 20. Device to evade the act an unlawful selling. § 2. Any shift or device to evade the provisions of this act shall be held to be an unlawfel selling. 21. How penalty enforced. 3. Any fine or imprisonment mentioned in this act may be enforced by indictment or information in any court of record having criminal jurisdiction, or the fine above may be sued for and recovered before any justice of the peace of the proper county, in the name of the People of the State of Illinois, and in case of conviction the offender shall stand committed to the county jail until the cost and judgment are fully paid or until discharged by order of the court before which the conviction was obtained. 22. What to show on prosecution. § 4. In all prosecutions under this act by indictment or otherwise, it shall not be necessary to state the kind of liquor sold, or to describe the place where sold, except as herein required, nor to show the knowledge of the principal to convict for the acts of an agent or servant, nor to state the name of the person to whom liquor is sold, and in all cases the person to whom liquor shall be sold in violation of this act shall be competent witnesses. 23. Act not to prevent the granting of license. 5. No thing contained herein shall be construed so as to prevent county boards from granting license to keep dram shops, as is now provided by law, and all persons keeping dram shops so licensed shall be exempt from the provisions of this act. AN ACT concerning drovers. [Approved March 15, 1872. In force July 1, 1872. L. 1871-2, p. 367. 1. Penalty for driving off stock. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any drover or other person engaged in driving horses, cattle, mules, hogs or sheep through any part of the State of Illinois, shall drive off, or shall knowingly and willingly suffer or permit to be driven off from the premises of any citizen of said State, or from the range in which the stock of any such citizen usually run, to any distance exceeding five miles from such premises or range, any horse, mule, neat cattle, hogs or sheep, belonging to such citizen, it shall be lawful for the owner of any such stock so driven off, to follow and reclaim the same wherever it may be found; and for the taking or driving away, or suffering or permitting to be driven away, of such stock, the said owner shall be entitled to recover of and from said drover or other person guilty thereof, for each horse, mule, neat cattle, hog or sheep, so driven away, twice the value thereof, to be recovered in an action of debt before any justice of the peace of any county where such horses or other stock may be found, or any court having competent jurisdiction thereof; Provided, however, that if the drover shall not pass any habitation within said five miles, and shall separate said cattle or other stock from the drove at the next habitation, in such case said action shall not accrue to the owner of the said property. [R. S. 1845, P. 203, § 1; Arnold v. Ludlam, 38 Ill. 190. See 68 Ill, 294. 2. Capias-proceedings. § 2. In any action commenced under the preceding section, a capias may issue against the defendant or defendants, upon the plaintiff stating, on oath, that he believes some one or more of his cattle or other stock has been driven off by a drover, and that he believes the same to be of a certain value, to be indorsed on the writ; and the proceedings thereon shall be the same as in other actions commenced by a capias, Provided, however, that no exception shall be taken to the form of the oath aforesaid. [R. S. 1845, p. 203, § 2. 3. Execution. 3. Whenever judgment shall be rendered against any person, under the provisions of this chapter, a fieri facias may issue thereon immediately, unless an appeal shall at once be perfected against the goods and chattels of any such defendant, withou: affidavit, as required in other cases. [R. S. 1845, p. 204, § 3. 4. Detaining stock in herd. § 4. That whenever any drover or other person engaged in herding or driving any horses, cattle, sheep, mules or hogs, in any part of this State, shall permit any of the before named stock to remain with his drove for a longer period than two days and nights, at any one time, he shall be subject to the same penalties which are imposed in the first section of this chapter: Provided, [*442] that the penalties in relation to herding shall not apply, except in cases where the same are confined within inclosures. [L. 1845. p. 579. § I. 5. Fast riding, etc., through herd. § 5. Any person or persons who shall ride or drive faster than a walk, into or through a herd of horses or other stock, which are being herded or driven, shall, on conviction before any justice of the peace having jurisdiction, pay a fine of not less than three dollars nor more than twenty dollars for each offense, one-half to the informer, the balance to the common school fund of the township. 6. "Herd" defined. § 6. The term "herd," as used in section five of this act, shall be taken to mean "five" or more. [§ 7, repeal, omitted. See "Statutes," ch. 131, § 5. 14. Counts-parties. 15. Authority of plaintiff's attorney. [*443] New trial on payment of costssecond new trial. New trial as in other cases. 37. Exceptions. 38. Disabilities of defendant. 39. Dying under disability. 40. When may be shown in bar on new trial. 41. 42. What plaintiff has taken possession. 43. Suggestion of damages. 14. Form of suggestion. Summons. Defense. Order to produce authority-proof of 48. Rights of parties on trial, 45. 46. 47. Issue of fact-assessment of damages. AN ACT in regard to the practice in actions of ejectments. [Approved March 20, 1872. In force July 1, 1872. L. 1871-2, p. 370.] 1. Action retained. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the action of ejectment shall be retained and may be brought in the cases and the manner heretofore accustomed, subject to the provisions hereinafter contained. [R S. 1845, P 204, § 1; Chicago & Alton R. R. Co. v Smith 78 Ill. 96; Berrington v. Casey, 78 Ill. 317 Carpenter v. Sherfy, 71 I 427; Fleming v. Carter, 70 III. 286; Vallette v. Bennett, 69 Ill. 632; City of Chicago v. Wright, 69 I. 318; Kilgour v. Gockley, 83 Ill. 109; Johnson v. Watson, 87 Ill. 536; Daniel v. Green, 42 III. 472; Green v. Spring, 43 Ill. 280; Wangelin v. Goe, 50 Ill. 459; Farnsworth v. Agnew, 27 Ill. 42: Oldham v. Pfleger, 84 Ill. 102; Dickerson v. Hendry, 88 Ill. 66; Catholic B. of Chicago v. Chiniquy, 74 III. 317. 2. In what cases brought. 2. It may also be brought: Ist. In the same cases in which a writ of right may now be brought by law to |