assembled, or as near to them as he could safely go, and then and there in the name of the state command them immediately and peaceably to disperse, contrary to the form of the statute in such case made and provided (conclude as in form on page 112).

by law to charge fees shall charge, claim, demand or take any greater fee than such as is by law allowed to him for the service performed, or shall charge, claim, demand or take any fee, or who shall knowingly charge a fee when no fee is allowed him by law, or when the services for which such fee is charged have not been performed by him or by some person for him, he shall, on the first conviction thereof, be fined not less than twenty-five dollars nor more than two hundred dollars, and upon a subsequent conviction of any like offense he shall forfeit his office, and be confined in the county jail not less than thirty days nor more than one year."

STATEMENT OF THE OFFENSE OF TAKING ILLEGAL FEES.

(Commence as in form on page 112) that C. D., on, etc., at, etc., in the said county, then and there being a justice of the peace of said county, and then and there authorized by law to charge fees, did unlawfully charge, claim, demand, and take a greater fee than such as was by law then and there allowed to him, to wit., for administering an oath to a witness on a trial then and there had before him between the said A. B. and one E. F., the sum of twenty-five cents, contrary to the form of the statute in such case made and provided (conclude as in form on page 112).

$257. Continued - Private Remedy." Any officer who violates the provisions of the preceding section shall, in addition to the penalty therein provided, be fined for each item so charged, collected or received not less than ten dollars, nor more than one hundred dollars, to be sued for and recovered before any justice of the peace of the proper county, in an action of debt, in the name of the People of the State of Illi

'R. S., 384, § 213.

nois, and for the use of the person against whom such fee is charged, or from whom the same is received or collected.""

22. INTIMIDATION OF WORKMEN, ETC.

$258. Provisions of the Statute. "If any person shall, by threat, intimidation or unlawful interference, seek to prevent any other person from working or from obtaining work at any lawful business, on any terms that he may see fit, such person so offending shall be fined not exceeding two hundred dollars."

992

STATEMENT OF THE OFFENSE OF INTIMIDATING WORKMEN.

(Commence as in form on page 112) that C. D., on, etc., at, etc., in the said county, did then and there, by threat, intimidation and unlawful interference, seek then and there to prevent E. F. from working at a lawful business on the terms that C. D. then and there saw fit, contrary to the form of the statute in such case made and provided (conclude as in form on page 112).

23. ADVERTISING LOTTERIES.

$259. Provisions of the Statute. "Whoever knowingly prints, publishes, distributes or circulates, or knowingly causes to be printed, published, distributed or circulated, any advertisement of any lottery ticket or scheme, or any share in such ticket or scheme, for sale, either himself or by another person, or sets up, or exhibits, or devises, or makes, for the purpose of being set up and exhibited, any sign, symbol, or emblematic or other representation of a lottery, or the drawing thereof, in any way indicating where a lottery ticket or any share thereof, or any such writing, certificate, bill, token, or other device before mentioned may be purchased or obtained, or in any way invites, or entices, or attempts to invite or entice, any other person to purchase or receive the same,

'R. S., 384, § 214. A proceeding under the preceding section for the same violation will not be a bar to an action under this. People v. Stephens, 13 Wen., 341; Batchley v. Moser, 15 Wen., 215.

R. S., 376, § 159.

shall, for each offense be fined not exceeding one hundred dollars.""

STATEMENT OF THE OFFENSE OF ADVERTISING A LOTTERY.

(Commence as in form on page 112) that C. D., on, etc., at, etc., in the said county, did unlawfully and knowingly print, publish, distribute and circulate an advertisement of a lottery ticket and scheme for sale, contrary to the form of the statute in such case made and provided (conclude as in form on page 112).

§ 260. Evidence. It is not necessary to allege nor to prove upon the trial what kind of tickets the defendant advertised, nor that they were advertised as being for sale within the county where the indictment was found. A sign-board at a person's place of business, giving notice that lottery-tickets are for sale there, is an advertisement within the meaning of the statute. And the continuance of such a sign-board, though put up before the statute went into effect, is a new advertisement by which the penalty of the statute is incurred.*

24. VAGABONDS.

§ 261. Provisions of the Statute. "Vagabonds, idle and dissolute persons who go about begging, persons who use any juggling or unlawful games or plays, runaways, pilferers, common drunkards, common night-walkers, lewd, wanton and lascivious persons in speech or behavior, common railers and brawlers, persons who habitually neglect their employment or calling, and do not provide for themselves or for the support of their families, and all other idle and disorderly persons, including therein those persons who neglect all lawful business, and habitually misspend their time by frequenting houses of ill-fame, gaming houses or tippling shops, may be confined in the county jail, or in the work-house, if any there be in the county, or in the house of correction, if any there be in the

1R. S., 379, § 183.

'Com. v. Hooper, 5 Pick., 42; Com. v. Johnson, Thatcher, C. C., 284. Com. v. Hooper, 5 Pick., 42.

Id. Com. v. Johnson, Thatcher, C. C., 146.

county, to which the county has a right to commit any person, not exceeding six months."

STATEMENT OF THE OFFENSE OF BEING A VAGABOND.

(Commence as in form on page 112) that C. D., on the

day of

A. D. 18-, and from thenceforth to the present time, at, etc., in the said county, being then at the time first above mentioned, and all the time since to the present time, and there a vagabond, did go about begging, contrary to the form of the statute in such case made and provided (conclude as in form on page 112).

Conviction before a Justice.

"When a per

§ 262. Continued son is convicted before a justice of the peace or police magistrate of any offense mentioned in the preceding section, he may, instead of the punishment therein mentioned, be fined not exceeding twenty dollars, with or without a condition that if the same, with the costs of the proceeding, is not paid within the time specified, he shall be committed to the county jail or to the workhouse, if any there be within the county, or to the house of correction, if any there be in the county, to which the county has a right to commit any person, as is provided in the preceding section, which conditional sentence shall be carried into execution as in other cases of commitment.2

25. SELLING LIQUOR WITHOUT LICENSE.

$263. Dram Shop Defined. "A dram-shop is a place where spirituous or vinous or malt liquors are retailed by less quantity than one gallon, and intoxicating liquors shall be deemed to include all such liquors within the meaning of this act."

264. Definition and Punishment. "Whoever, not having a license to keep a dram-shop, shall by himself or another,

1 R. S., 392, § 270. The justice has jurisdiction under this section. R. S., 405, § 381.

2 R. S., 393, § 271.

Id., 438, § 1. The sale of cider at a public bar is not an offense under the statute, without proof that the cider was intoxicating. Com. v. Chappel, 116 Mass., 7.

either as principal, clerk or servant, directly or indirectly, sell any intoxicating liquor in any less quantity than one gallon, or in any quantity to be drank upon the premises, or in or upon any adjacent room, building, yard, premises or place of public resort, shall be fined not less than $20 nor more than $100, and imprisoned in the county jail not less than ten nor more than thirty days."

$265. How License may be Granted. "The county boards of each county may grant licenses to keep so many dram-shops in their county as they may think the public good requires, upon the application by petition of a majority of the legal voters of the town, if the county is under township organization, and if not under township organization, then of a majority of the legal voters of the election precinct or district, where the same is proposed to be located, and upon the payment into the county treasury of such sun as the board may require, not less than $50 nor more than $300 for each license, and upon the compliance with the provisions of this act: Provided, such board shall not have power to issue any license to keep any dram-shop in any incorporated city, town or village, or within two miles of the same, in which the corporate authorities have authority to license, regulate, restrain or prohibit the sale of liquors, or in any place where the sale of intoxicating liquors is prohibited by law."

3

$266. Form of License Rights under May be Revoked. "The license shall state the time for which it is granted, which shall not exceed one year, the place where the dram-shop is to be kept, and shall not be transferable, nor shall the person licensed keep a dram-shop at more than one place at the same time, and any license granted may be revoked by the county board whenever they shall be satisfied that the person licensed has violated any of the provisions of this act, or keeps a disorderly or ill-governed house or place of resort for

1 R. S., 438, 2. As to construction of former statute, see Anderson v. People, 63 Ills., 53.

R. S., 438, §3.

'Lewis v. U. S., Morris Iowa, 199.