Texas or Cherokee cattle.

any such injury or loss, shall, prima facie, entitle the plaintiff or plaintiffs to recover. And it shall be competent for any jury to render a verdict, and any court to render a judgment, in any such case, upon the opinion of witnesses, as to whether or not any such Texas or Cherokee cattle caused the injuries complained of in any such suit.

19. PROCEEDINGS TO PREVENT SPREAD OF DISEASE.] §8. That in case any such Texas or Cherokee cattle shall be found spreading any disease among the native cattle of this state, it shall be the duty of any circuit or county judge, or justice of the peace, upon oath of any householder setting forth that such Texas or Cherokee cattle are spreading disease among native cattle, and the name of the owner, or the party in whose possession they may be, to forthwith issue a warrant to any sheriff or constable of the county, commanding him forthwith to arrest and impound such cattle, so spreading disease, in some safe place, and to summon the owner thereof, or the person found in the possession of the said cattle, to appear forthwith before such judge or justice of the peace, and show cause why such Texas or Cherokee cattle shall not be impounded until after the first day of October following; and after allowing the prosecuting witness and any such defendant in such warrant reasonable time to be heard, the said judge or justice shall proceed to hear and determine whether such Texas or Cherokee cattle are spreading disease. And if they shall be so found spreading disease, it shall be the duty of such judge or justice of the peace to order the officer in charge of such cattle to impound them, and keep them to themselves until after the first day of October, following, when it shall be the duty of the officer in charge of such cattle to present to the owner or person in charge of such cattle a sworn statement of the costs of keeping and impounding such cattle, and demand payment of the same, together with the costs of such trial aforesaid; and upon payment of the same, he shall turn over such cattle to the owner thereof, or, in his absence, to his authorized agent. But in case such owner or his agent shall refuse or neglect to pay such expense and costs, it shall be the duty of such officer to advertise, by posting written or printed notices in four of the most public places in the neighborhood, and within ten days thereafter to sell at public auction, to the highest bidder, such cattle, and out of the proceeds thereof pay all costs of keeping such cattle and the costs of such trial, and pay what may remain to the owner of such cattle or his agent.

20. WHAT CATTLE MEANT EVIDENCE. § 9. That Texas and Cherokee cattle, as mentioned in this act, shall be taken to mean a class or kind of cattle, without reference to where they may have come from: Provided, it shall not apply to section 1 of this act, when such Texas or Cherokee cattle shall have been introduced into either the states of Kansas, Missouri, Nebraska, Iowa or Wisconsin prior to the first of January, before being brought into this state; but the burthen of alleging and proving that such cattle were introduced into either of the states above mentioned prior to January first and wintered there the remainder of the winter, shall be upon the defendant: Provided, further, that the official certificate of the county clerk of the county where such cattle have been wintered shall be prima facie evidence thereof.

21. OBJECT OF THIS ACT.] § 10. The object of this act is hereby declared to be for the purpose of preventing the spread of pestilence and disease among native cattle of this state, which arise and come from that class of cattle described in this act as Texas cattle and Cherokee cattle, and to protect the native cattle of the citizens of this state from destruction from the poison, disease or sickness which it is believed is communicated from such Texas and Cherokee cattle.

22. REPEAL-SAVING.] § 11. The act to which this act is amendatory is hereby repealed, with this saving clause, however: that in all cases where any suits are now commenced and pending in any court in this state, under the provisions of the said act, or for injuries done to any person by reason of any violation of such act, or where any indictment has been found for any violation of said

Dogs.

act, and now still depending, that as to all such suits or indictments the said act shall remain in full force and effect until the same are finally disposed of or prosecuted to final judgment; and with this further proviso, that the said act to which this is amendatory shall still remain in full force and effect for the recovery of all damage or loss which may have heretofore accrued to any person or persons by reason of any violation of said act, whether such suit for the recovery of any such damage or loss may now or hereafter be commenced; and as to all such damage which may have been caused by any violation of such act, the same shall remain in full force and effect during the time limited by law for any such suits to be commenced and prosecuted to final judgment.

23. WHEN TAKES EFFECT.] § 12. This act shall be deemed a public act, and shall take effect from and after its passage.

DOGS.

AN ACT providing for the payment of damages done by dogs. [Approved February 11, 1853.

11, 1853. L. 1853, p. 124.]

In force February

24. CHASING SHEEP-OWNER LIABLE.] § 1. The owner of any dog or dogs shall be liable in an action on the case for all damages that may accrue to any person or persons in this state, by reason of such dog or dogs killing, wounding, or chasing any sheep or other domestic animal, belonging to such other person or persons; and when the amount of such damages does not exceed $100, the same may be recovered by an action before a justice of the peace.

25. WHEN DOG MAY BE KILLED.] § 2. If any person shall discover any dog or dogs in the act of killing, wounding, or chasing sheep in any portion of this state, or shall discover any dog or dogs under such circumstances as to satisfactorily show that such dog or dogs has been recently engaged in killing or chasing sheep, for the purpose of killing them, such person is authorized to immediately pursue and kill such dog or dogs. [See Crim. Code, ch. 38, § 203.

TAXING DOGS.

AN ACT to authorize and empower the several county courts and boards of supervisors in the several counties of this state to provide for the levy and collection of a tax on dogs in their respective counties, and to impose fines and penalties in certain cases, and provide for the enforcement and collection of the same. [Approved April 9, 1869. In force June 19, 1869. L. 1869, p. 165.]

[NOTE. This act is not repealed in terms. Whether it is not repealed by implication, see 'Revenue," ch. 120, § 1,3; Const., art. 9, § 1.]

26. COUNTY COURT, ETC., MAY TAX.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the several county courts and boards of supervisors of the several counties in this state may, in their discretion, respectively, levy such tax upon dogs in their several respective Counties as they may see proper, not exceeding the sum of $2 upon each dog, such levy to be made by order, resolution or ordinance, to be entered upon the minutes of such court or board at the time the same is made; and it shall thereupon be the duty of the clerk of the county court in any county where such order, resolution or ordinance is made, to enter the same upon the minutes of such court or board, and he shall thereupon give to the county assessor or all town assessors, as the case may be, notice of the making of said order, resolution or ordinance, by delivering or causing to be delivered to him or them written or printed notice of such ordinance, order or resolution.

27. DUTY OF ASSESSORS.] § 2. It shall be the duty of such county assessor or such town assessors, as the case may be, in taking lists of taxable property, to require of every person or persons liable to taxation or assessment, to list, with

Dogs.

his, her or their other property, any dog or dogs of which he, she or they may be the owner or owners, or which shall resort or frequent the premises occupied by such person or persons; and the respective assessors aforesaid may require answers in reference to the ownership of, or resorting or frequenting such premises by dogs, to be given under oath, which oath shall be administered by such as

sessor.

28. TAX EXTENDED AND COLLECTED.] § 3. It shall be the duty of the respective county clerks where such listing shall be made, to extend on the respective tax book or books, for such county or towns, the sum so levied by such court or board upon such dog or number of dogs as appear so listed to each person or persons aforesaid, with the other taxes assessed against such person or persons, and the respective amounts shall be extended at the rate of such levy of said court or board against each dog so listed, and the same shall be collected as other taxes by the respective collectors.

29. DELINQUENTS.] § 4. If any such sum so extended shall be returned by such collector unpaid, it shall thereupon be the duty of such collector to call upon the person or persons against whom such sum shall be extended, and unless such person or persons shall make it satisfactorily appear to such collector that the dog or dogs upon which such listing was made is or are dead, or removed beyond the limits of the county, permanently to remain, it shall be the duty of such collector to cause the warrant of some justice of the peace of said county to issue for the apprehension and arrest of such person or persons having so listed such dog or dogs and having so failed to pay the tax upon the same; and said delinquent or delinquents shall be forthwith brought before some justice of the peace for trial, and it shall be the duty of such collector to cause the proper proofs to be made before such justice, and thereupon such delinquent or delinquents shall be adjudged guilty of a misdemeanor, and shall enter against him, her or them a fine of not less than five nor more than ten dollars, and the defendant or defendants shall stand committed until such fine and the costs of the proceedings shall be paid.

30. MEANING OF "DOG."] § 5. The word dog in this act shall be held and construed, at all times and places, to mean an animal of the canine species.

31. APPLICATION OF TAX.] § 6. All taxes hereby provided for shall be paid and accounted for by collectors, when collected, to the proper officer authorized by law to receive the same, and shall be applied for school, road or county purposes, as said courts or board of supervisors may determine.

32. PEOPLE PLAINTIFF.] $7. In all proceedings for the collection of fines under the provisions of this act, the people shall be plaintiffs; and it shall be the duty of said collector to receive said fines, when paid, and pay over and account for the same as is herein directed with reference to taxes.

AN ACT to revise the law in relation to apprentices. [Approved February 25, 1874. In force July 1, 1874.]

1. WHAT AGE MAY BE BOUND.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That children under the age of sixteen years may be bound as apprentices, clerks or servants, until they arrive at that age, with or without their consent. [R. S. 1845, p. 52, § 1.

2. WHO MAY BIND.] § 2. A minor may be bound as aforesaid by the father, with the consent of the mother, or in case of the death, habitual drunkenness, prostitution, imprisonment in the penitentiary or incapacity of the mother, or her willful desertion of the family for six months, without her consent; or, in case of the death, habitual drunkenness, imprisonment in the penitentiary or incapacity of the father, or his desertion of the family for the space of six months, by the mother; or, in case neither father nor mother is living and free from said objec tions, by the guardian; or if the minor has no parent or guardian, by the judge of the county or circuit court of the county in which the minor resides. An illegitimate minor may be bound by his or her mother, during the life-time of the putative father, as well as after his disease. [R. S. 1845, p. 52, § 2, 3, 4.

3. FINDING OF DRUNKENNESS, ETC.] § 3. The fact of such habitual drunkenness, prostitution, imprisonment, incapacity or desertion, may be tried and found by a jury to be impaneled for that purpose by the county or circuit court of the county in which the minor resides, upon such reasonable notice to the parties interested, by personal service or advertisement, as the court shall direct. [R. S. 1845, p. 52, § 2.

4. FINDING INDORSED.] § 4. The finding of the jury shall be indorsed upon the indenture by the judge, attested by the clerk, under the seal of the court, and shall be deemed sufficient evidence of the facts found. [R. S. 1845, p. 52, § 2.

5. POWER OF EXECUTORS, ETC.] § 5. The executor or executors who are, or shall be, by the last will and testament of a father, directed to bring up his child to some trade or calling, shall have power to bind such child by indenture, in like manner as the father, if living, might have done; or shall raise such child according to such directions: Provided, this section shall not be so construed as to deprive the mother of the custody and tuition of her child, without her consent, if she be a fit and competent person to have such custody and tuition. [R. S. 1845, p. 52, § 5.

6.

BEGGARS—PAUPERS.] § 6. Any child under the age of sixteen, who habitually begs for alms, or who is, or either of whose parents is chargeable to the county or town as having a lawful settlement therein, whereby the child has also to be supported, or who is supported there, in whole or in part, at the charge of the county or town, may be bound as an apprentice, clerk or servant until he arrives at that age, by the county board or overseers of the poor, as the case may be, with the approval of the judge of the county or circuit court. [R. S. 1845, p. 52, § 6.

7. ARREST OF SUCH MINOR.] § 7. The court may, on application of the county board or overseer of the poor, issue a writ requiring the sheriff, coroner or any constable of the county, to bring such minor before it, for the purpose of being so bound. [R. S. 1845, p. 53, § 7.

8. INDENTURES.] § 8. No minor shall be bound, unless by an indenture of two parts, sealed and delivered by both parties, and when the consent of any person or court is required, the same shall be signified, in writing, in or upon the indenture, and signed by the person or judge whose consent is required. [R. S. 1845, p. 53, § 9.

9. AGE AND TIME OF SERVICE SPECIFIED.] § 9. The age and time of service of every apprentice or servant shall be inserted in such indentures; but if the age is unknown, then it shall be inserted according to the best information, which age shall, in relation to the term of service, be taken as the true age of such minor. [R. S. 1845, p. 53, § 10.

10. WHAT INDENTURES SHALL PROVIDE. § 10. In all indentures it shall be provided that the master shall cause such clerk, apprentice or servant to be taught to read and write, and the ground rules of arithmetic; and also that at the expiration of such term of service, the master shall give to such apprentice a new bible, and two complete suits of new wearing apparel suitable to his or her condition in life, and $20 in money in all cases where the term of service has been one year or more. [R. S. 1845, p. 53, § 11.

11. COMPENSATION TO BE SPECIFIED AND SECURED TO MINOR. § 11. Every sum of money paid or agreed for, with or in relation to the binding of any clerk, apprentice or servant, as a compensation for his services, shall be inserted in the indentures, and all money or property so paid or agreed to be paid, shall be secured to and for the sole use and benefit of the minor. [R. S. 1845, p. 53, § 12.

12. WHEN INDENTURE TO BE FILED IN COUNTY COURT.] § 12. Whenever any minor shall be bound by other than his parent or guardian, one copy of the indentures shall be filed in the office of the clerk of the county court, for safe keeping. [R. S. 1845, p. 53, § 13.

13. VOID INDENTURES.] § 13. All indentures, covenants, promises and bargains, for taking, binding or keeping any apprentice, clerk or servant, not in conformity with the provisions and requirements of this act, shall be utterly void in law, as against such clerk, apprentice or servant. [R. S. 1845, p. 53, § 14.

14. DUTY OF OFFICERS.] § 14. It shall be the duty of the officers or persons binding such minors, and of the judge of the county or circuit court, to see that the terms of the indentures are complied with, and that such minor is not ill used. [R. S. 1845, p. 53, § 13.

15. COMPLAINTS AGAINST MASTER.] § 15. The judge of the circuit or county court shall at all times receive the complaints of any person against masters, alleging underserved or immoderate correction, unwholesome food, insufficient allowance of food, raiment or lodging, want of sufficient care or physic in sickness, want of instruction in their trade or profession, or the violation of any of the agreements or covenants in the indentures of apprenticeship contained, or that the apprentice, clerk or servant is in danger of being removed out of the jurisdiction of this state; and shall cause such masters to be summoned before them, and shall, on the return of the summons, whether such master appear or not, hear and determine such cases in a summary way, and make such order