PROPAGATION AND CULTIVATION OF FISH.

AN ACT to encourage the propagation and cultivation and to secure the protection of fishes in all the waters of this State. [Approved May 31, 1887. In force July 1, 1887. L. 1887, p. 189.]

4. Unlawful to catch with seine, etc. SEC. 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 catch or kill any fish with any seine or any other device used as a seine, in or upon any of the rivers, creeks, streams, ponds, lakes, sloughs, bayous or other water courses wholly within or running through the State of Illinois, nor shall the meshes of any weir basket or trap or any device used for catching fish in such waters not above prohibited, except for catching minnows for bait, be less than two inches square: Provided, however, that seining shall be lawful and allowed between the first day of July in each year and the first day of March in the following year, with seines, the meshes of which shall not be less than two inches square, in such rivers or streams as are used for navigation, wholly within the State, and not above or beyond any private or corporate dams on said rivers or streams; and, also, in the navigable bays or lakes connected with such navigable streams wholly within the State, and not extending beyond the overflowed bottoms of such rivers or streams: Provided, also, that it shall be lawful for the fish commissioners, or persons authorized by them, to take fish in any way at any time they deem best, for purposes of propagation or distribution.

5. Not to obstruct passage of fish. § 2. That no person shall place, cause to be placed, or erected, any seine, weir, net, fish dam or other obstruction in or across any of the rivers, creeks, streams, ponds, lakes, sloughs, bayous or other water courses wholly within this State, in such manner as shall obstruct the free passage of fish up and down or through such water courses; and that it shall be unlawful for any person to catch or take fish, except minnows for bait, with any device other than a hook and line within one half mile of any dam constructed across any of the rivers or creeks of this State.

6. To erect fishways— penalty. §3. That it shall be the duty of any person or persons who now own or hereafter may erect any dam or other obstruction across any of the rivers, creeks, streams, bayous or other water courses within this State, to place therein suitable fishways, in order that the free passage of fish up and down such waters may not be obstructed; and in case the owners, operators, lessors, or other persons operating, using or controlling any dam or other obstruction across any of the rivers, creeks, streams, bayous or other water courses of the State, shall fail or refuse after ten days' notice by the fish commissioners of this State, or any one of them, to construct and maintain suitable fishways, as provided in this act, then the fish commissioners may construct, or cause to be constructed, suitable fishways, and recover in

action of debt in the name of the People of the State of Illinois, before any justice of the peace or any court of competent jurisdiction, double the cost of constructing said fishway; said fund in excess of the actual cost shall be paid to the county superintendent of schools.

7. Unlawful to catch or kill with chemicals, etc. § 4. That it shall be unlawful for any person or persons, at any time, to catch or kill any fish in any of the rivers, creeks, ponds, lakes, sloughs, bayous or other water courses within the jurisdiction of this State, by use of spear, lime, acid, medicinal or chemical compound or explosive. 8. When brook trout not to be taken. § 5. It shall be unlawful for any person or persons to take by any device or means whatsoever, brook trout from any of the streams, lakes or other water courses within the State between the fifteenth day of July and the first day of April following, in each year and at no time with any device whatever, except a hook and line.

9. Penalty. § 6. Any person or persons violating any of the provisions of the preceding sections of this act shall be deemed guilty of a misdemeanor, and upon conviction shall be fined not less than ten (10) nor more than two hundred dollars ($200) and costs of suit.

10. Fishing without consent of owner penalty. §.7. Any person or persons who shall, for the purpose of fishing, without the consent of the owner, trespass upon the lands of another, containing any fish pond or lake, whether natural or artificial, when and where the waters of such pond or lake are not directly connected with any water course of this State, shall be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not less than ten nor more than one hundred dollars and cost of suit for the first offense, and not less than thirty nor more than two hundred dollars for the second offense, and the same for each subsequent offense as for the second offense.

11. How enforced - complaint. § 8. To enforce the provisions of this act, all suits brought under the same shall be brought in the name of the People of the State of Illinois, and shall be brought on the complaint of any person or persons showing by affidavit that some section of this act has been violated, giving the names of the person or persons violating, if known, and if unknown, such affidavit shall state by some person or persons whose name or names are unknown, and such complaint shall be made before any justice of the peace of the county in which such violation has been made.

12. Where complaint to be made. § 9. Where such violation is alleged to have been committed upon that portion of a stream or water course which may be the dividing line between two counties, then the complaint may be made to any justice of the peace of either of such counties.

13. When warrant issue. § 10. If the justice before whom such complaint shall be made shall be satisfied that there is reasonable cause to justify the making of such complaint, he shall issue his warrant, directed to the sheriff or constable of such county, commanding him forthwith to arrest and bring before him, or in his absence, before

some other justice of the peace within such county, the person or persons alleged to have been guilty of violating any of the sections of this

act.

14. Hearing-judgment-juror. § 11. Whenever any person or persons shall be brought before any justice of the peace, in the manner provided in this act, it shall be the duty of such justice to hear and determine the complaint. The person or persons so charged may demand a jury at any time before the commencement of the trial, and the case shall be tried as cases before justices in civil cases, and judgment shall be for conviction or acquittal of the defendant or defendants in the case. In case a jury is called, the form of the verdict shall be, if for conviction: We, the jury, find the defendant guilty, and assess the fine at .... dollars;" and if for acquittal: "We, the jury, find the defendant not guilty." The justice shall pronounce judgment in accordance with the verdict.

15. Penalty-collection and distribution. § 12. Whenever any judgment of conviction shall be rendered against any defendant or defendants, as above provided, execution shall issue forthwith on such judgment, and the sheriff or constable to whom the same shall be directed, shall pay one-half of all penalties collected on such execution in payment of such judgment to the person or persons who shall have made the complaint, and the remaining one-half to the superintendent of schools of the county wherein such trial shall be had.

16. Execution returned no property-arrest. § 13. Whenever any execution, issued as above provided, shall be returned "No property found," the justice issuing the same, or, in case of his death or absence, any other justice having possession of the docket in which such judgment was entered, shall issue his warrant to the sheriff or any constable of such county, commanding him to take and deliver the defendant or defendants in the execution to the jailer of said county, who shall receive such defendant or defendants into his custody and commit him to the county jail of such county, or workhouse of such county, whenever one exists, for a period of not less than ten nor more than sixty days, as the justice shall decide and direct in his warrant, but such defendant or defendants so arrested or committed shall be discharged at any time on payment of such fine and costs.

17. Appeal. § 14. Any defendant or defendants against whom such judgment of conviction shall be rendered, and, in case of acquittal, the party making the complaint, or any person who will give the necessary bond, shall have the right of appeal, on the same terms as in civil cases before justices, but no proceedings herein provided for shall be stayed until such appeal shall be fully perfected.

18. Violation of act-power of officers, etc. § 15. It shall be the duty of all sheriffs, deputy sheriffs and constables of this State to look after the violations of any of the sections of this act; to make complaints where such violations come to their knowledge; and they shall have power to arrest any person or persons they may find in the act of violating any of the provisions of this act without a warrant,

and keep him or them in custody until complaint can be made against him or them, as hereinbefore provided.

19. Repeal - board of fish commissioners. § 16. All acts and parts of acts in conflict with this act are hereby repealed; but such repeal shall not disturb the status of the present board of fish commissioners.

AN ACT in regard to forcible entry and detainer. [Approved and in force Feb

ruary 16, 1874.]

1. Forcible entry forbidden. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person shall make an entry into lands or tenements except in cases where entry is allowed by law, and in such cases he shall not enter with force, but in a peaceable manner.

[L. 1871-2, p. 458, § 1; Allen v. Tobias, 77 Ill. 169; Schaumtoeffel v. Belm, 77 Ill. 567; Fabri v. Bryan, 80 Ill. 182; Rice v. Brown, 77 Ill. 549; Thompson v. Sornberger, 59 II, 326; Ambrose v. Root, 11 Ill. 497; Page v. DePuy, 40 II. 506;: Wall v. Goodenough, 16 Ill. 415; Reeder v. Purdy, 41 Ill. 280; Baker v. Hays, 28 Ill. 387; Fortier v. Ballance, 5 Gilm 41; Clark v. Barker, 44 Ill. 349; Robinson v. Crummer, 5 Gilm. 218; Ball v. Chadwick, 46 Ill. 28; Fisher v. Smith, 48 Ill. 185, Dudley v. Lee, 39 Ill. 339; Allen v. Webster, 56 Ill. 393; Ballance v. Fortier, 3 Gilm 298; McCartney v. Hunt, 16 Ill. 76: Hinterberger v. Weindler, 2 Brad. 407; Fusselman v. Worthington, 14 Ill. 135; Reed v. Hawley, 45 Ill. 40; Wheelan v. Fish, 2 Brad. 447; Doty v. Burdick, 83 111. 473.

2. When action may be maintained. § 2. The person entitled to the possession of lands or tenements may be restored thereto in the manner hereinafter provided.

[Lesher v. Sherwin, 86 Ill. 423; Dickason v. Dawson, 85 Ill. 53.

First - When a forcible entry is made thereon.

[Thompson v. Sornberger, 59 Ill. 326; Mann v. Brady, 67 Ill. 95; Allen v. Tobias, 77 Ill. 169; Huftalin v. Misner, 70 III. 205; Dearlove v. Herrington, 70 Ill. 251; Wall v. Goodenough, 16 Ill. 415; Mitchell v. ill. & St. L. R. R. Co., 68 Ill. 286; Brooks v. Bruin, 18 Il. 539; Hardisty v. Glenn, 32 Ill. 62; Pearson v. Herr, 53 Ill. 145; Jamison v. Graham, 57 Ill. 94; McCartney v. McMullen, 38 Ill. 237; Atkinson v. Lester, I Scam. 407; Croff v. Ballinger, 18 Ill. 202; Smith v. Hoag, 45 ill. 251.

Second-When a peaceable entry is made and the possession unlaw. fully withheld.

[Dunstedter v. Dunstedter, 77 Ill. 580; Gazzolo v. Chambers, 73 Ill. 75; Mason v. Finch, 1 Scam. 495; Jamison v. Graham, 57 Ill. 95.

Third — When entry is made into vacant or unoccupied lands or tenements without right or title.

[McCartney v. McMullen, 38 Ill. 237; Hassett v. Johnson, 48 Ill. 69; Mason v. Park, 3 Scam. 532; Johnson v. Bantock, 38 Ill. 111.

Fourth When any lessee of the lands or tenements, or any person holding under him, holds possession without right after the determination of the lease or tenancy by its own limitation, condition or terms, or by notice to quit or otherwise.

[See "Landlord and Tenant," ch. 80; Fabri v. Bryan, 80 Ill. 182; Pretty man v. Hartly, 77 Ill. 265; Cox v. Cunningham, 77 Ill. 545; Miller v. White, 80 Ill 580; Brown v. Keller, 32 Ill. 152; Secor v. Pestana, 37 III. 525; Prickett v. Ritter, 16 Ill. 98; Seem v. McLees, 24 Ill. 192; Dunne v. Trustees, etc., 39 Ill. 583; Doran v. Gillespie, 54 fl. 366; Ball v. Peck, 43 Ill. 482; Chadwick v. Parker, 44 Ill. 326; Fisher v. Smith, 48 Ill. 185; Chapman v. Kirby, 49'Ill. 211; Eidridge v. Holway, 18 Ill. 445.

Fifth-When a vendee having obtained possession under a written or verbal agreement to purchase lands or tenements, and having failed to comply with his agreement, withholds possession thereof, after demand in writing by the person entitled to such possession.

[West v. Frederick, 62 Ill. 191; Dixon v. Haley, 16 Ill. 145.

Sixth-When lands or tenements have been conveyed by any grantor in possession, or sold under the judgment or decree of any court in this State, or by virtue of any sale in any mortgage or deed of trust contained, and the grantor in possession, or party to such judgment or decree or to such mortgage or deed of trust, after the expiration of the time of redemption, when redemption is allowed by law, refuses or neglects to surrender possession thereof, after demand in writing by the person entitled thereto, or his agent.

[As amended by act approved May 18, 1881. In force July 1, 1881. L. 1881, p. 96. R. S. 1845, p. 256, § 1; L. 1865, p. 108, § 4; L. 1861, p. 176, § 1: L. 1871-2, p. 458, § 2. Thomp son v. Sornberger, 78 Ill. 353: Cox v. Cunningham, 77 I 545; Rice v. Brown, 77 II. 549: Dunstedter v. Dunstedter, 77 Ill. 580: Doty v. Burdick, 83 Ill. 473: Lesher v. Sherwin, 86 I. 420; Pensoncau v. Bertke, 82 Ill. 161: Jackson v. Warren, 32 Ill. 331; Dickason v. Dawson, 85 Ill. 53: Gartside v. Outlay, 58 II. 210; Wheelan v. Fish, 2 Brad. 449; Bronnell v. Welsh, or Ill. 523; Padfield v. Padfield, 92 Ill. 198; Pickerell v. Morss, 97 11. 220

3. Demand-return-form. § 3. The demand required by the preceding section may be made by delivering a copy thereof to the tenant, or by leaving such a copy with some person above the age of twelve years, residing on, or being in charge of, the premises; or in case no one is in the actual possession of the premises, then by posting the [* 536] same on the premises. When any such demand is made by an officer authorized to serve process, his return shall be prima facie evi