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SUPREMERT.

Sales of personal property.

Proviso.

Bupreme court. Attending supreine court, day.

.$8 00 $ 2. And there shall lowed to the several sheriffs of this state a commission hree per cent on all sales of real and personal property ch shall be made by virtue of any execution issued in puince of law, or any decree of a court of chancery; and ill cases where the execution shall be settled by the partior paid when the property shall not be actually sold, all tlie commissions which he would be entitled to if tsame was made by sale on execution : Provided, that in cases where the property levied on shall be replevied sale stayed by injunction order of the court, and the purty not actually sold, the sheriff shall be allowed fifty ceifor levying, and five cents per mile for going to and returnfrom place of levy; said costs to be advanced by the pltiff's, and taxed and col

lected as other costs. Oosts of levy. § 3. In all cases where any shiffs of this state levy on

personal property, by virtue of dexecution or writ of attachment, and it shall be necess to take such personal property into the custody and cabf the said sheriff, the sheriff shall be allowed such sumr sums as the circuit court shall, in their discretion, dee right and proper, for taking charge of such goods and attels, to be taxed as other costs in the said court, or in se the execution shall issue from any other court, then saidourt from which said execution shall issue shall allow succosts and charges as they shall deem right and proper, to taxed as other costs

in said court. Laws repealed. § 4. All laws or parts of laws as alin conflict, or incon

sistent herewith, are hereby repealed.

§ 5. This act shall apply only to tl counties of Alexander, Union, Pulaski, Massac, Pope Hardin, Gallatin, White, Wabash, Edwards, Wayne, Harilton, Saline, Williamson, Johnson, Jackson, Randolpi Monroe, Perry, Franklin, Jefferson, Richland, Clay, kwrence, Marion, Hancock, McDonough, Schuyler, Champign, Piatt, Macon, Clark, Cumberland, Christian, Montgomry, Fayette, Effingham, Macoupin, Greene, Calhoun, Jerey, Fulton, Pike, Shelby, Sangamon, Mason, Douglas, Wasington, Clinton, Brown and Cass, and shall be in force unt! the first day of July, A. D. 1867, and shall apply to the ollection of the revenues for the years A. D. 1864 and 1865. This act shall take effect on its passage.

APPROVED February 16, 1865.

Act applicable.

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AN ACT for the preservation of game.

In force Feb. 16,

1865.

gust 15.

removed.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be unlawful for any person to kill, trap, net or ensnare any Jan. 1 to Aug. 15 deer, fawn, wild turkey, grouse, prairie hen or chicken, or quais, between the first day of January and the fifteenth day of August; any woodcock between the first day of January and the first day of July, or any wild duck, goose or Jan. 1 to July 1. brant between the fifteenth day of April and the fifteenth April 15 to Auday of August, in each and every year.

§ 2. That it shall be unlawful for any person or corpora- Game not to be tion to buy, sell or have in possession, any of the before- bolesti o had in mentioned animals or birds, between the first day of January and the fitteenth day of August, in each and every year, as aforesaid, at any time when the killing, trapping, netting or ensnaring of such animals or birds shall be unlawful, which shall be killed, entrapped, netted or ensnared contrary to the provisions of section one of this act.

$ 3. It shall be unlawful for any person or persons to Eggs not to be destroy or remove from the nests of any prairie chicken, grouse or quail, any egg or eggs of any such bird, or for any person or persons to buy, sell, have in possession or traffic in any such eggs, or willfully to destroy the nest of said birds, under a penalty of five dollars for each and every offense, to be sued for and recovered as provided in section five of this act.

§ 4. Any person who shall go upon the premises of any Trespassers liaperson or persons or corporation, whether the same be in- ble to fine. closed or not, with intention to ensnare, trap or net, or be found ensnaring, trapping or netting any of the beforementioned animals or birds, or to hunt, or be found hunting or killing any of the abovementioned animals or birds, at or within the time aforesaid, shall be deemed guilty of trespass, and may be prosecuted before any justice of the peace of the county wherein the said premises may be, by the owner or person in possession of the same, in an action of trespass, and tined in any sum not less than five nor more than twenty dollars, to go to the owner or occupant of said premises : Provided, however, that a judgment obtained against any Judgment under person, for a violation of this aćt, under the fifth section 5th section bar thereof, shall be a bar to any suit under the fourth section 4th section. of this act.

$ 5. 'Any person who shall willfully violate any of the willful violation provisions of this act, shall forfeit and pay a fine of fifteen of act finable. dollars, for each dèer or fawn thus killed, entrapped, ensnared, bought, sold, or held in possession, as aforesaid, and the sum of five dollars for each and every wild turkey, grouse, prairie hen or chicken, quail or woodcock, thus killed, entrapped, ensnared, netted, bought, sold or held in possession, as aforesaid, and for each and every one of them;

under school fund.

Counties to which act does not apply.

to be sued for and recovered before any justice of the peace of the county in which this act shall have been violated, in

an action of debt, or before any court having jurisdiction Penalty to go to thereof. One half of said penalty shall go to the complainInformer and ant, and the other half to the school trustees of the township

in which this act shall have been violated, to be added to the school fund of said township; the action to be brought in the name of said county. The interest of the complainant in any fine or penalty provided for by this act, shall not affect his or her competency as a witness in any suit or proceeding authorized by this act.

§ 6. That it shall be unlawful for any person to ensnare, trap or net any quail or Virginia partridge at any time after the passage of this act.

§ 7. Nothing in this act shall apply to the counties of White, Wabash, Clay, Richland, Jasper, Lawrence, Crawford, Moultrie, Effingham, Fayette, Bond, Cass, Merard, Pike, Schuyler, Brown, Scott, Washington, Jefferson, Marion, Hamilton, Jackson, Johnson, Williamson, Gallatin, Saline, Franklin, Wayne, Edwards, McDonough, Alexander, Pulaski, Union, Hardin, Massac, Warren, Henderson, Monroe, Perry, Shelby, Cumberland, Jersey, Calhoun, Randolph, Pope, Montgomery, Christian and Greene.

$ 8. The provisions of this act shall not be construed as applicable to any express company or common carrier, into whose possession any of the animals or birds therein mentioned shall come, in the regular course of their business, for transportion, whilst they are in transit through this state from any place without this state, where the killing of said animals or birds shall be lawful, or from any of the counties of this state excepted in section six of this act. But notwithstanding this provision, the having or being in possession of any of said animals or birds, by any person or persons, or corporation, between the said first day of January and fifteenth day of August, or at or upon any of the days upon which the killing, entrapping, ensnaring, netting, buying, selling or having in possession, any of said animals or

birds, shall be unlawful by the provisions of this act, shall Possession pri- be deemed and taken as prima facie evidence that the same

was ensnared, trapped, netted or killed in violation of the provisions of this act.

§ 9. All acts and parts of acts conflicting with the provisions of this act are hereby repealed.

§ 10. This act shall take effect and be in force from and after its passage.

APPROVED February 16, 1865.

Express companies exempted.

ma facie evidence.

Acts repealed.

AN ACT in relation to the transportation of grain and other produce.

In force Feb. 14,

1865.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every corporation or company doing business in this state under a 411. stock and charter or franchize granted by the state, and which com- warded in order pany or corporation by the terms of its organization has become a common carrier, shall receive, receipt for and forward to the party to whom the same may be consigned, or to some point of delivery on said company's route nearest or most convenient to the residence or place of business of said consignee, all grain and other produce, and live stock, in the order in which the same is delivered or offered on the road for transportation: Provided, that said company shall Proviso. be required to receive for transportation, as aforesaid, all such grain, produce or live stock, when offered, if said company

shall be able to store and carry the same. $ 2. For every neglect or refusal of any company, by Forfeiture on rethemselves or their agents, to comply with the provisions of the foregoing section, they shall forfeit to either the owner or consignee of said grain or other produce, or live stock, the sum of one hundred dollars, to be sued for and collected before any justice of the peace, and said suit may be commenced by service of summons on any agent of said company or corporation.

§ 3. Nothing in this act shall [be] so construed as to de- Rights reserved. prive any party of any right of action secured to him by virtue of the laws of this state and independent of and previous to the passage of this act.

§ 4. This act shall be a public act, and be in force from and after its passage.

APPROVED February 14, 1865.

fusal.

AN ACT to provide for a board of health in each township in those counties In force Feb. 16,

1865. adopting township organization.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, The supervisors, assessor and town clerk of every township shall Board of health. constitute a board of health, and on the breaking out of any contagious disease in their township or immediate vicinity, they shall have power to make and enforce any rules and regulations tending to check the spreading of such disease Rules to check within the limits of such township as they may deem proper; and for this purpose they shall have power to shut up any house where any infected person may be, or remove such person to any pest house within the limits of said town

disease.

76

HOME FOR CHILDREN OF DECEASED SOLDIERS.

Record of board.

ship, at the expense of said party so moved, if he be of sufficient ability to pay, otherwise at the expense of said town.

2. The town clerk shall keep a full record of all the doings of said board, and report the same to the annual town meeting of such township, and said board shall be allowed for their time spent in the performance of their said duties, the same sun now allowed to supervisors, and the same, together with all bills by them contracted, and all

sums of money by them expended, shall be audited by the Bills, how paid. board of auditors of such town, and be paid in the same

manner as the town expenses are now by law paid.

§ 3. This act shall only be in operation in counties where accept or reject the board of supervisors shall, by its resolution, accept the

same.

APPROVED February 16, 1865.

Counties

may

In force Feb. 16,

1865.

AN ACT to establish a home for the children of deceased soldiers.

Nine
body politic.

Timo of meeting of trustees.

SECTION 1. Be it enacted by the People of the State of

Illinois, represented in the General Assembly, That the govtrustees ernor of this state shall appoint nine trustees, who shalĩ be

and are hereby declared a body politic and corporate, by and Name and style. under the name and style of the trustees of the “Soldiers'

Orphans' Home,” and by that style shall have perpetual succession, and may contract and be contracted with, sue and be sued, plead and be impleaded, answer and be answered, defend and be def'euded against, in any and all courts of justice, and they may adopt and have a common seal, and alter the sanie at pleasure.

§ 2. Said trustees, or a majority of them, may, after the passage of this act, and upon due notice given by them in the "Springfield Journal” and “State Register,” both published in the city of Springfield, Illinois, for four weeks, convene at some place designated and fixed in said notice, and organize their said corporation by the election of a president, vice president, secretary and treasurer, from among their number, whose duty shall be prescribed by such rules and regulations as may be provided and adopted by the said trustees at the first or any subsequent meeting thereof, and said rules and regulations or by-laws, when so adopted by a majority of the board of trustees, shall be binding upon all until repealed.

§ 3. Said trustees, by the name and style aforesaid, are hereby empowered and authorized to purchase and hold, or to receive by donation, gift or grant, and hold, all such tract or tracts or parcels of land, not exceeding one thousand acres, as may be necessary for the uses, purposes and objects of

Officers elective.

To hold lands.

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