Const. of Ill., 1870, Art. V, sec. 13. the common good, to make known their opinions to their representatives and to apply for redress of grievances. SEC. 19. Every person ought to obtain, by law, right and justice freely, and without being obliged to purchase it, completely and without denial, promptly, and without delay. PARDONS, ETC.-The governor shall have power to grant reprieves, commutations and R. S., P. LXII. pardons, after conviction, subject to such reg p. Const. of Ill., 1870, Art. XII, sec. 1. R.S.p. LXXIII R. S. ch. 68, sec. 1. Sec. 2. Sec. 3. Sec. 4. ulations as may be provided relative to the manner of applying therefor. MILITIA. The militia of the state shall consist of all resident and able-bodied male persons between the ages of 18 and 45, with certain exceptions. ABANDONMENT OF WIFE OR CHILDREN. Any person who without any reasonable cause shall neglect or refuse to provide for the support of his wife who is destitute or in necessitous circumstances, or without lawful excuse shall desert or neglect or refuse to provide for his children under 18 years of age in destitute or necessitous circumstances, is guilty of a misdemeanor. Punishment-a fine up to $600.00, imprisonment in the county jail or house of correction up to one year, or both. Proceedings may be by indictment or information. Before trial and upon notice to the defendant the court may order payment for support of the wife or children pendente lite and may hold in contempt for failure to do so. When a fine is imposed the court may order it paid in whole or in part to the wife or guardian of the children. Before the trial, with the consent of the defendant, or on a plea of guilty, or after conviction, the court having regard to the circumstances and the financial ability and earning capacity of the defendant, may direct him to pay a certain sum periodically for one year to the wife or to the guardian of the children or to an organization or individual approved by the court as trustee, which order shall be subject to change; the court also may place defendant on probation for a fixed period on recognizance with or without surety. The condition shall be his appearance in court when desired and compliance with all other orders of the court. The court upon violation of probation by Sec. 5. the defendant during the year may proceed at any time with the trial or enforce the suspended sentence. If there is a forfeiture of the recognizance, any sum recovered on same may be paid in whole or in part to the wife or the guardian of the children. The husband or wife may testify to all Sec. 7. relevant matters. One neglecting to provide for the support Sec. 8. of his wife without any reasonable cause may be prosecuted at any time during the existence of the marriage relation. One neglecting or refusing without lawful Sec. 9. excuse to provide for his children may be prosecuted at any time until they arrive at the age of eighteen years. These offenses are construed to be contin- Sec. 10. uing offenses. PENALTY FOR ABANDONING CHILD.—It is a Sess. L. 1919, felony for any person having the legal control P. 247. R. S., ch. 58, sec. 1. Sec. 2. Sec. 3. R. S., ch. 38, sec. 1. Sec. 2. R. S., ch. 38, sec. 3. EFFECT OF ABANDONMENT.-If any child in this state under the age of one year shall be wilfully abandoned by its parents and taken and cared for by any charitable institution in this state such parents shall thenceforth lose all their right, control and authority over the child, and such right, control and authority shall become vested in the institution. If such child be left by its parents at any charitable institution, it shall be deemed a wilful abandonment for the purposes of this act. In case of illegitimate children or where the father of a legitimate child shall have wilfully deserted his family for one year, an abandonment by the mother shall be deemed an abandonment by the parents. ABDUCTION. OF FEMALE.—Whoever entices or takes away any unmarried female of chaste life and conversation from the parent's home or wherever she may be found, for the purpose of prostitution or concubinage, or whoever aids in it, shall be imprisoned in the penitentiary not less than one nor more than ten years. OF CHILD. Whoever unlawfully takes or decoys away any child under twelve years of age with intent to detain or conceal it from its parents, or person having lawful charge of the child, shall be confined in the county jail, not exceeding one year, or fined not more than $2,000, or both. Section does not apply to one who interferes to protect child from abuse. ABORTION. PRODUCING. Whoever by means of any instrument or medicine produces an abortion or miscarriage or attempts to do so, unless it is necessary to save life, shall be imprisoned in the penitentiary not less than one nor more than ten years. In case the mother dies therefrom, such person is guilty of murder. ADVERTISING ABORTIFACIENT DRUGS. Sec. 6. Advertising or printing or causing to be advertised or printed any pamphlet or book suggesting where or from whom abortifacient drugs, any instrument or any information or knowledge may be obtained for the purpose of causing the miscarriage of a woman pregnant with child, is punishable with imprisonment not less than one year and not exceeding three years or fine not exceeding $1,000. ADOPTION. WHO MAY ADOPT.-Any reputable person R. S., ch. 4, can petition circuit or county court for leave sec. 1. to adopt a child or to change a child's name. (See sections 2 and 6 for form of petition, rights of child, parent, etc.) WHAT COURT MUST FIND.-A decree for Sec. 3. adoption shall be made when the court shall find that (1) the parents or surviving parent of a legitimate child, or the mother of an illegitimate child, or, if the child has no parent living, the guardian, if any, or if there is no guardian known to petitioner, then a near relative of the child, if any there be, consents to the adoption; or that (2) one parent consents and the other is unfit for any reasons hereinafter specified to have the child, or both parents are, or the surviving parent or the mother of an illegitimate child is, so unfit for any of such reasons-the grounds of unfitness being (a) depravity, (b) open and notorious adultery or fornication, (c) habitual drunkenness for the space of one year prior to the filing of the petition, (d) extreme and repeated cruelty to the child, (e) abandonment of the child, or (f) desertion of the child for more than six months next preceding the filing of the petition; or that (3) the Sec. 9 (a). Sec. 9 (b). Sec. 9 (c). person or persons whose consent is required has been deprived of the custody of such child by a court and such court in appointing a guardian has authorized such guardian to consent to the adoption of such child without notice to or assent by the parents, and that such guardian consents to the adoption; that the petitioner is of sufficient ability to bring up the child and furnish suitable nurture and education and that it is fit and proper and for the best interest of the child that such adoption should be made. If the petition shows that the mother of an illegitimate child, or the parents of a legitimate child are dead, and there is no guardian or near relative, or there is a near relative who neither will contribute to the support of the child 'nor consent to the adoption, the court may appoint a guardian ad litem; then it shall not be necessary to obtain the consent in writing for adoption of any other person than such guardian. If the petition shows that the mother of an illegitimate child or a parent of a legitimate child is a minor and the court so finds, and such parent is desirous of having the child. adopted, having expressed such desire in writing, the court may appoint a guardian ad litem to represent such minor parent. In such case it shall not be necessary to obtain the consent of any other person than such guardian in the adoption proceeding. An inhabitant of this state, the husband or wife of one having a minor child by a former husband or wife, or one whose wife is the mother of an illegitimate child, may petition in the county or circuit court to adopt such minor child and for change of name. In all these cases the petition shall be made jointly by the husband and wife. The petition is sufficient to authorize a decree. |