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§ 247. Evidence. The record of the conviction is prima facie evidence of the felony, but not conclusive as against the compounder; but in the case of a prosecution for compounding a crime and agreeing to withhold evidence, the acquittal of the principal offender is not competent evidence for the defense.2

15. ASSUMING A CORPORATE NAME.

§ 248. Provisions of the Statute. "If any company, association or person puts forth any sign or advertisement, and therein assumes, for the purpose of soliciting business, a corporate name, not being incorporated, or, being incorporated, puts forth any sign or advertisement assuming any other or different name than that by which it is incorporated or authorized by law to act, such company, association or person shall be fined not less than ten dollars nor more than two hundred dollars, and a like sum for each day he or it shall continue to offend after having been once fined."

STATEMENT OF THE OFFENSE OF ASSUMING A CORPORATE NAME.

(Commence as in form on page 112) that C. D. and E. F., on, etc., at, etc., in the said county, then and there being a company, did put forth a certain sign and did then and there therein assume, for the purpose of soliciting business, a corporate name, the said C. D. and E. F. not being then and there incorporated, contrary to the form of the statute in such case made and provided (conclude as in form on page 112).

16. REFUSING TO ALLOW PRISONER TO SEE COUNSEL.

$249. Provisions of the Statute. "All public officers, sheriffs, coroners, jailors, constables or other officers or persons having the custody of any person committed, imprisoned or restrained of his liberty for any alleged cause whatever, shall, except in cases of imminent danger of an escape, admit any practicing attorney-at-law of this state, whom such person so

restrained of his liberty may desire to see or consult, to see and consult such person so imprisoned, alone and in private, at the jail or other place of custody; and when any such prisoner is about to be removed beyond the limits of this state by any person or public officer, under any pretence whatever, he shall at all times be entitled to reasonable delay for the purpose of obtaining counsel, and of availing himself of the laws of this state for the security of personal liberty. If any public officer, or other person aforesaid, shall violate the provisions of this act (section), he shall, for every such offense, forfeit and pay to the person aggrieved, one hundred dollars, to be recovered by action of debt,' in any court of competent jurisdiction."

17. OMITTING TO LABEL OR KEEP RECORD OF POISONOUS DRUGS SOLD OR GIVEN AWAY.

$250. Selling Poisonous Drugs without being Labeled. "Every druggist or other person who shall sell and deliver any arsenic, strychnine, corrosive sublimate, prussic acid or any other substance or liquid usually denominated as poisonous, without having the word "poison" written or printed upon a label attached to the phial or parcel in which such drug is contained, or shall sell and deliver any drug or medicine other than upon the prescription of a physician, without having the name of such drug or medicine printed or written upon a label attached to the phial or parcel containing the same, shall be fined not exceeding twenty-five dollars."

STATEMENT OF THE OFFENSE OF SELLING ARSENIC WITHOUT BEING
PROPERLY LABELED.

(Commence as in form on page 112) that C. D., on, etc., at, etc., in the said county, did sell, and then and there deliver, arsenic, then and there being a poisonous substance, to one E. F., without then and there having the

1 A justice of the peace has jurisdiction of the action of debt. R. S., 639, * § 13. Therefore he has jurisdiction of an action for violating the provisions of this section of the statute.

word "poison" written or printed upon a label attached to the phial (or "parcel") in which the said arsenic was then and there contained, contrary to the form of the statute in such case made and provided (conclude as in form on page 112).

§ 251. Selling, etc., Poisonous Drugs without Keeping a Record. "If any druggist or other person sells or gives away any arsenic, strychnine, corrosive sublimate or prussic acid, without the written prescription of a physician, and fails to keep a record of the date of such sale or gift, the article and amount thereof sold or given away, and the person to whom delivered, he shall be fined not exceeding fifty dollars for each neglect. Whoever purchases any such poison and gives a false or fictitious name, shall be punished in the same manner."

STATEMENT OF THE OFFENSE OF FAILING TO KEEP RECORD OF THE SALE OR GIFT OF STRYCHNINE.

(Commence as in form on page 112) that C. D., on, etc., at, etc., in said county, did sell strychnine without the written prescription of a physician, and did not then and there keep a record of such sale, nor of the amount of said strychnine so sold, nor of the person to whom the said strychnine was then and there delivered, contrary to the form of the statute in such case made and provided (conclude as in form on page 112).

18. DRUNKENNESS.

$252. Provisions of the Statute. "Any intoxicated person found in any street, highway, or other public place, or so found disturbing the peace of the public, or of his own or any other family in any private building or place, shall for the first of fense be fined not more than five dollars, and upon any subsequent conviction shall be fined not exceeding twenty-five dollars. Prosecutions under this section shall be commenced within thirty days after the offense is committed, and the justice of the peace may remit the punishment, in whole or in part, when he is satisfied the public welfare and the good of the offender require it."

'R. S., 361, § 63.

* Id., § 64.

STATEMENT OF THE OFFENSE OF DRUNKENNESS.

(Commence as in form on page 112) that C. D., on, etc., at, etc., was found in a public street then and there intoxicated, contrary to the form of the statute in such case made and provided (conclude as in form on page 112).

§ 253. Continued Of Officer. The statute provides that "any officer of a town, village, city, county or state, who shall be intoxicated while in the discharge of the duties of his office, shall be fined for the first offense the sum of ten dollars, and for the second offense the sum of twenty dollars, and for the third offense shall be guilty of a misdemeanor, and, on conviction of such misdemeanor, shall forfeit his office; and in such case the vacancy occasioned thereby shall be filled in the same manner as if such officer had filed his resignation in the proper office, and it had been accepted by the proper officer: Provided, such acceptance shall have been necessary to make the office vacant. The penalties for the first and second offense given by this section may be recovered in an action of debt, in the name of the people of the State of Illinois, before any justice of the peace of the proper county, and when collected shall be paid to the county superintendent where such offense shall have been committed, for the use of the school fund."

19. OFFICER NOT TRYING TO PREVENT A DUEL.

§ 254. Provisions of the Statute. "If any judge, justice of the peace, sheriff, or other officer bound to preserve the public peace, shall have knowledge of an intention on the part of any two persons to fight with a deadly weapon or weapons, and such officer shall not use and exert his official authority to arrest the parties and prevent the duel, every such officer shall be fined not exceeding one hundred dollars."

1 R. S., 383, § 209.

* Id., 362, § 72.

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STATEMENT OF THE OFFENSE OF AN OFFICER NOT TRYING TO PREVENT A DUEL.

(Commence as in form on page 112) that C. D., on, etc., at, etc., in the said county, then and there being a sheriff of the said county, and being then and there bound to preserve the public peace, and then and there having knowledge of the intention on the part of E. F. and G. H. to fight with deadly weapons, did not use and exert his official authority to arrest the said E. F. and G. H. and then and there to prevent the duel, contrary to the form of the statute in such case made and provided (conclude as in form on page 112).

20. OFFICER NEGLECTING TO SUPPRESS AN UNLAWFUL AsSEMBLY OF TWELVE OR MORE PERSONS.

§ 355. Provisions of the Statute. The statute provides in substance that "when twelve or more persons, any of them armed with clubs or dangerous weapons, or thirty or more, armed or unarmed, are unlawfully, riotously or tumultuously assembled in any city, village or town, it shall be the duty of each of the municipal officers, constables and justices of the peace thereof, and of the sheriff of the county and his deputies, to go among the persons so assembled, or as near to them as they can safely go, and in the name of the state command them immediately and peaceably to disperse; and if they do not obey, such officers shall command the assistance of all persons present, in arresting and securing the persons so unlawfully assembled;"" and each such officer having notice of such unlawful assembly, refusing or neglecting to do his duty in relation thereto as aforesaid, shall be fined not exceeding two hundred dollars."

STATEMENT OF THE OFFENSE OF NEGLECTING TO SUPPRESS AN UN

LAWFUL ASSEMBLY.

(Commence as in form on page 112) that on, etc., at, etc., in the said county, twelve or more persons, some of them armed with clubs and dangerous weapons, were unlawfully, riotously, and tumultuonsly assembled in the said town (or village or city); that C. D., then and there being a sheriff of the county aforesaid, and then and there having notice of the said unlawful assembly, did then and there refuse and neglect to go among the persons so

1 R. S., 390, § 253.