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existence of such disease or exposure shall drive or lead or ship the same by any car or steamboat to any other place in or out of this State, and any person or persons who shall bring any such diseased, or, knowingly, shall bring any such exposed animal or animals into this State from another State; and any person or persons who shall knowingly buy, receive, sell, convey or engage in the traffic of such diseased or exposed stock, and any person who shall violate any quarantine regulations established under the provisions of this act, shall, for each, either, any and all acts above mentioned in this section, be guilty of a misdemeanor, and, on conviction thereof, or of any one of said acts, shall be fined in any sum. not less than $25 nor more than $200, and imprisoned in the county jail until the fine and costs are paid, and shall forfeit all right to the compensation for any animal or property destroyed under the provisions of this act. Any veterinary practitioner having information of any such contagious or infectious disease in this State, and who shall fail to promptly report such knowledge to the Board of Live Stock Commissioners, shall be fined not exceeding five hundred dollars, or be imprisoned in the county jail not more than one year for each offense.
§ 5. Whenever said board shall become satisfied that any daygerously contagious or infectious disease among domestic animals exists throughout any municipality or geographical district in this State, and, in their judgment, it is necessary to quarantine such municipality or geographical district in order to prevent the spread of such disease into contiguous territory, they shall report the same to the Governor, who may thereupon by proclamation schedule and quarantine such district, prohibiting all domestic animals of the kind diseased from being brought into or taken from such infected district, and such proclamation shall, from the time of its publication, bind all persons, and any violation of such quarantine regulations so established shall be visited with like penalties, which may be recovered in like manner as is provided for the violation of other quarantine as provided in section 4 of this act: Provided, that nothing contained in this section shall be so construed as to prevent the movement of any animals of the kind diseased through such territory under such regulations as the Board of Live Stock Commissioners may prescribe, and the Governor approve.
$ 6. Nothing contained in this act, or any section thereof, shall be interpreted so as to prevent the removal or shipment of diseased or exposed animals, under the orders of the board created by this act, from one place to another by said board or its agents, by driving along the public highway or shipment on cars or steamboats, when, in the opinion of said board, such removal is necessary for the suppression of such contagious and infectious disease.
$ 7. Whenever quarantine is established in accordance with the provisions of section 2 of this act, valid notice of the same may be given by leaving with the owner or occupant of any premises in person, or delivering to any member of his family, or any employé over the age of ten years found on the premises so quarantined, notice thereof, written or printed, or partly written and partly printed, and, at the same time, explaining the contents thereof. Such quarantine shall be sufficiently proven in any court by the production of a true copy of such notice of quarantine with a return thereon of the service of the same in the manner above re. quired. Any person violating said quarantine shall be guilty of a misdemeanor and punished as is provided for in section 4 of this act, and, on conviction, shall be liable for all damage that may result to other persons in consequence of such violation: Provided, that any one feeling himself aggrieved by such quarantine may appeal to the full Board of Commissioners, who shall thereupon sustain, modify or annul said quarantine, as they deem proper.
$ 8. All fines recovered under the provisions of this act shall be paid into the county treasury of the county in which the suit is tried, by the person collecting the same, in the manner now provided by law, to be used for county purposes; and it shall be the duty of State's attorneys, in their respective counties, to prosecute for all violations of this act.
$ 9. All claims against the State arising from the slaughter of. animals, as herein provided for, shall be made to said Board of Commissioners, under such rules and regulations as they may prescribe, and it shall be the duty of said Board of Commissioners to determine the amount which shall be paid in each case on account of animals so slaughtered, which, in cases of animals of the bovine species, shall be based on the fair cash market value thereof for beef, or for use for dairy purposes, not to exceed $75 per head; and, in cases of animals of the equine species, on their fair cash market value, not to exceed $100 per head, and report the same to the Governor; and the Governor shall endorse thereon his order to the State Auditor, who shall thereupon issue his warrant on the State Treasurer for the same.
§ 10. Said Board of Commissioners, or any member thereof, and the State Veterinarian and his assistants, in the performance of their duties under this act shall have power to call on sheriffs and their deputies, constables and peace officers, mayors of cities, city and town marshals and policemen to assist them in carrying out its provisions, and it is hereby made the duty of all such officers to assist in carrying out the provisions of this act when ordered so to do; and said Commissioners and the State Veterinarian and his assistants, shall have, while engaged in carrying out the provisions of this act, the same powers and protection that other peace officers have, and any such officer who fails or refuses to enforce the lawful orders and quarantine of said board, or any member thereof, or any veterinarian acting under them, in the proper execution of the powers conferred by this act, shall be deemed guilty of a misdemeanor and punished as provided in section 4 of this act.
$ 11. The said board shall co-operate with any commissioner, or other officer, appointed by the United States for the suppression of contagious diseases among domestic animals, so far as the provisions of this act and the appropriations made in accordance therewith will allow, in suppressing and preventing the spread of contagious and infectious diseases among domestic animals in this State.
$ 12. It shall be the duty of said Board of Commissioners to keep a record of all their acts and proceedings, and report the same to the Governor annually, or oftener if required, for publication. The annual report shall include an itemized statement of all sums expended by them under this act, including a statement of all damages recommended by them to be paid for all animals slaughtered and the amounts paid therefor.
The members of said board shall each receive the sum of $5 per day for each day necessarily employed in the discharge of their duties, their necessary traveling expenses, and other incidental expenses necessarily incurred in the performance of their duties under this act, to be paid on certified and itemized vouchers to be approved by the Governor.
$ 14. All acts and parts of acts inconsistent herewith are hereby repealed.
$ 15. Whereas, the Live Stock Commissioners are without power to suppress contagious and infectious diseases now existing among live stock in the State of Illinois under the present law, therefore an emergency exists and this act shall take effect from and after its passage.
APPROVED April 20, 1887.
$ 1 amends section 2, act of 1887, by author- $ 2 amends section 5 by enlarging the powers izing the Board of Live Stock Com
of Governor in quarantine. missioners to quarantine diseased
animals as long as may be necessary. An Act to amend sections 2 and 5 of an act entitled “An act to amend an act entitled 'An act to revise the law in relation to the suppression and prevention of the spread of contagious and infectious diseases among domestic animals,' approved June 27, 1885, in force July 1, 1885, as amended by an act approved April 20, 1837, in force April 20, 1887.
SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That sections 2 and 5 of an act entitled "An act to amend an act entitled 'An act to revise the law in relation to the suppression and prevention of the spread of contagious and infectious diseases among domestic animals,' approved June 27, 1885, in force July 1, 1885," as amended by an act approved April 26, 1887, in force April 20, 1887, be amended so as to read as follows:
“Section 2. It shall be the duty of said Board of Commissioners to cause to be investigated any and all cases or alleged cases coming to their knowledge, of contagious or infectious diseases among domestic animals, and to use all proper means to prevent the spread of such diseases, and to provide for the extirpation thereof; and in the event of reasonable grounds for belief that any such contagious or infectious disease has broken out in this State, it shall be the duty of the person owning or having in charge any animal or ani. mals infected with disease, or any other person having knowledge or reason to suspect the existence of such disease, to immediately notify said Board of Commissioners, or some member thereof, by communication to said board, of the existence of such disease, and thereupon it shall be the duty of said board, or some member thereof, or authorized agent of the board, immediately to cause proper examination thereof to be made, and if said disease shall be found to be a dangerously contagious or dangerously infectious malady, said board, or any member thereof, or the State Veterinarian, on any assistant veterinarian, shall order said diseased animals, and such as have been exposed to contagion, and the premises in which they are, to be strictly quarantined for such time as the board, or any member thereof, or such veterinarian may deem necessary, in charge of such person as the board, or any member thereof, or such veterinarian shall designate, and they shall have power to order any premises and farms, where the disease exists, or has recently existed, as well as exposed premises and farms, to be put in quarantine, so that no domestic animal which has been or is so diseased, or has been exposed to such contagious or infectious disease, be removed from the places so quarantined, nor allow any healthy animal to be brought therein, except under such rule or regulation as the said board may prescribe; and said board shall prescribe such regulations as they may deem necessary to prevent such disease from being communicated in any way from the places quarantined. In all such cases of contagious and infectious diseases the said board, or, in case the number of animals shall not exceed five, any member thereof, shall have power to order the slaughter of all such diseased and exposed animals. The said board shall have power to cause to be destroyed all barns, stables, premises, fixtures, furniture and personal property infected with any such contagious or infectious disease, so far as in their judgment may be necessary to prevent the spread of such disease, and where the same cannot be properly disinfected. When the board, upon the written report of the State Veterinarian, or any of his assistants, determine that any animal is affected with, or has been exposed to, any dangerously contagious or infectious disease, the board, or any member thereof, may agree with the owner upon the value of such animal or property, and in case such agreement cannot be made, said board, or the member acting in behalf of the board, may appoint three disinterested citizens of the State to appraise such diseased animal or exposed animals or property. Such appraisers shall subscribe to an oath in writing to fairly value such animal in accordance with the requirements of this act; which oath, together with the valuation fixed by said appraisers, shall be filed with the board and be preserved by them. Upon such appraisement being made it shall become the duty of the owner to immediately destroy such animals and dispose of the same in accordance with the order of said board, or member thereof, and upon failure to so do said board or member thereof shall cause such animal or animals or property to be destroyed and disposed of, and thereupon the said owner shall forfeit all right to receive the compensation allowed by said appraisers and provided for by this act. When the board, upon the written opinion of the State Veterinarian, determines that any barns, stables, out-buildings or premises are so infected that the same can not be disinfected, they may quarantine such barns, stables, out-buildings or premises from use for the animals that may be infected by such use, and such quarantine shall continue until removed by the board, and a violation of such quarantine shall be punished as is provided for violations of other quarantine by this act.”
“Section 5. Whenever said board shall become satisfied that any dangerously contagious or infectious disease among domestic animals exists throughout any municipality or geographical district within this State, and in their judgment it is necessary to quarantine such municipality or geographical district, in order to prevent the spread of such disease into contiguous territory, they shall report the same to the Governor, who may thereupon, by proclamation, schedule and quarantine such district, prohibiting all domestic animals of the kind diseased within such. district from being moved from one premises to another, or over any public highway or any unfenced lot or piece of ground, or from being brought into, or taken from such infected district, except upon obtaining a special permit, signed by the Board of Live Stock Commissioners, or member thereof, or agent or officer of the board duly authorized by it to issue such permits; and such proclamation shall, from the time of its publication, bind all persons. After the publication of the aforesaid proclamation it shall be the duty of every person who owns, or is in charge of animals of the kind diseased, within the scheduled district, to report to said board within one week the number and description of such animals, location, and the name and address of the owner, and during the continuance of such quarantine to report to said board all cases of sickness, deaths or births among such animals. It shall also be the duty of any and all persons within the scheduled district receiving, having and purchasing cattle for slaughter to delay the killing of such animals until a veterinary surgeon, with authority from said board, is present to make a postmortem examination of the carcasses. Any violation of the aforesaid quarantine regulations and prescribed duties shall be visited with like penalties, which may be recovered in like manner as is provided for the violation of other quarantine as provided in section 4 of this act: Provided, that nothing contained in this section shall be so construed as to prevent the movement of any animals of the kind diseased through such territory under such regulations as the Board of Live Stock Commissioners may prescribe and the Governor approve: And, provided, further, that als cattle within the scheduled district slaughtered by order of the board shall not be taken from said district for slaughter."
APPROVED June 15, 1887.