1 of the proceedings. The correctness of these decisions may well be doubted.2 Until the road has been legally opened an indictment for obstructing it will not lie.3 §310. Abandonment. Where the fact appears with others that the road has not been repared by the public, or that the public have ceased to travel over it, and have acquired another road which accommodates the public travel, a jury will be warranted in presuming an abandonment of the first road, and it is error to instruct the jury that the new road must accommodate the public equally as well as the former road.5 Evidence that the supervisors have ordered the defendant to open the road and remove the obstruction, is competent to show that the road has not been abandoned. The act of an individual obstructing a public road cannot divest the public of its rights in respect to the road, unless submitted to for such a period of time as to raise a fair presumption of abandonment. Twenty years' adverse possession and complete non-user of a road or street by the public for that time affords a presumption of the extinguishment of the rights of the public to such road or street. But public rights in roads and streets are not barred by our seven years' statute of limitations." §311. Street, etc., how Vacated. The corporate authorities of any town or city have the power "to vacate or close any street, alley or public ground or any portion of the same," by a vote of three-fourths of the aldermen or trustees,' and a road 'Smith v. Hileman, 1 Scam., 325; Garret v. Wiggins, 1 Scam., 337; Day v. Cushman, 1 Scam., 475; Haywood v. Collins, 60 Ills., 329. Com. v. Harper, 38 Ills., 104. Keech v. People, 22 Ills., 478; 29 Ills., 307. City of Peoria v. Johnston, 56 Ills., 45; Grube v. Nichols, 36 Ills., 93; Gentleman v. Soule, 32 Ills., 272; Town of Lewiston v. Proctor, 27 Ills., 414; Chaplin v. Morgan, 20 Ills., 181; Gardener v. Tisdale, 2 Wis., 154. City of Alton . Illinois Transportation Co., 12 Ills., 38; City of Peoria . Johnston, 56 Ills., 52. may be discontinued by the commissioners of the highways on the proper petition.2 $312. Offense not Committed by Omitting to Obey Orders. In a prosecution under the statute for obstructing a highway it must be shown that some act has been done by the defendant in violation of the statute. A mere omission to do some act or obey an order of the commissioners of highways will not warrant a conviction.3 'R. S., 1092, §1; Id., 218, § 62, Sub. 7. 1 Id., 924, §§ 70, 73, 75. • Wiley ʊ. Town of Brimfield, 59 Ills., 307. 7. Altering and Defacing Brands with Intent to Steal, etc. 8. Receiving and Restoring Stolen Property. 9. Robbery. 10. Trespass. V. FORGERY, COUNTERFEITING AND KINDRED OFFENSES. 1. Forgery. 2. Counterfeiting. 3. Having in Possession Counterfeit Coin, Forged and Counterfeit Public Securities, Bank Bills, etc. 4. Making or Knowingly Having in Possession Coun. terfeiting Tools. 5. Forging and Counterfeiting Seals and Signatures of Office. VI. CHEATING, SWINDLING and DefraudING. 1. Cheating. 2. Swindling by Cards, Slight of Hand, etc. 3. False Pretenses. 4. False Heir. 5. Falsely Personating another. 6. Frauds. 7. Fraudulent Stock. 8. Fraudulent Sale of Lands. 9. Fraudulent Conveyances. 10. Fraudulent Acknowledgment. 11. Fraudulent Receipts. 12. Lotteries. VII. OFFENSES AGAINST PUBLIC MORALITY, HEALTH AND PUBLIC IX. OFFENSES AGAINST THE PUBLIC PEACE AND TRANQUILLITY. 1. Extortion by Threats. 2. Intimidation. 3. Libel. 4. Racing. 5. Rout. 6. Riot. 7. Suppression of Unlawful Assemblies. 8. Injuries to Property by Unlawful Assemblies. X. ACCESSORIES TO CRIMES, ATTEMPTS TO COMMMIT OFFEN SES AND OFFENSES AT COMMON LAW. 1. Accessories to Crimes. 2. Attempting to Commit an Offense. 3. Offenses at Common Law. SECTION I. TREASON. $313. Who can Commit. 314. Definition and Punishment. 315. Misprison of Treason. 316. Evidence Required-Allegiance. 317. Levying War. 318. Who Guilty of Treason. 319. Adhering to the Enemies of the Government. 320. Time-Place-Proof that the Persons Adhered to were EnemiesNumber of Witnesses. § 313. Who can Commit. —"Crimes against the Government and the people shall consist in treason and misprison of treason, and can only be committed by persons owing allegiance to the state." §314. Definition and Punishment. "Treason shall consist in levying war against the Government and people of this state in the same, or being adherent to the enemies of this state, giving them aid, advice and comfort in this state or elsewhere. Any person being thereof duly convicted of open deed, by two or more witnesses, or voluntary confession in open court, shall suffer the pains and penalty of death; and when the overt act of treason shall be committed without the limits of this state, the person charged therewith may be arrested, tried and punished in any county in this state, within the limits of which he may be found; and the offense may be charged to have been committed in the county where he may be arrested."2 $315. Misprison of Treason."Misprison of treason shall 'R. S., 392. § 263. * Id., § 264. |