brandt or other wild fowl during the night time at any season of the year; or any woodcock between the first (1) day of January and the fourth day of July in each and every year. And any person so offending shall, for each and every offense, be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not less than five dollars nor more than twenty-five dollars and costs of suit, and shall stand committed to the county jail until such fine is paid: Provided, that such imprisonment shall not exceed ten days, and the killing of each bird or animal as specified herein shall be deemed a separate offense. *2. When unlawful to buy or have in possession. § 2. It shall be unlawful for any person to buy, sell, or have in possession any of the animals, wild fowls or birds mentioned in section one of this act, at any time when the trapping, netting or ensnaring of such animals, wild fowls or birds shall be unlawful, which shall have been entrapped, netted or ensnared contrary to the provisions of this act, and any person so offending, shall, on conviction be subject to the same fines and penalties to be enforced and collected in the same manner as is provided in section one of this act. *3. What birds not to be killed. § 3. No person shall, at any time, within this State, kill or attempt to trap, net, ensnare, destroy or kill any robin, blue-bird, swallow, martin, mosquito hawk, whippoorwill, cuckoo, wood-pecker, cat-bird, brown-thrasher, red bird, hanging bird, buzzard, sparrow, wren, humming bird, dove, goldfinch, mocking bird, bluejay, finch, thrush, lark, cherry bird, yellow bird, oriole or bobolink, nor rob or destroy the nests of such birds, or either or any of them. And any person so offending shall, on conviction, be fined the sum of five dollars for each and every bird so killed, and for each and every nest robbed or destroyed: Provided, that nothing in this section shall be construed to prevent the owner or occupant of lands from destroying any of the birds herein named on the same, when deemed necessary by him for the protection of fruits or property. *4. Robbing nests of game birds. 4. It shall be unlawful for any person or persons to destroy or remove from the nests of any prairie chicken, grouse or quail, wild turkey, goose or brandt, any egg or eggs of such fowl or birds, or for any person to buy, sell, have in possession, or traffic in such eggs, or willfully destroy the nest of such birds or fowls, or any or either of them. And any person so offending shall, on conviction, be fined and dealt with as specified in section three (3) of this act. *5. Trapping birds. § 5. No person or persons shall at any time, with a trap, snare or net, take or attempt to trap, snare or net any wild turkey, prairie chicken, quail, grouse or pheasant at any time, and every person so offending shall, on conviction, be fined in a sum not less than five dollars, nor more than twenty-five dollars, and costs of suit, and shall stand committed to the county jail until such fine is paid: Provided, that such imprisonment shall not exceed fifteen days. *6. Selling, etc., after five days. § 6. No person or persons shall sell or expose for sale, or have in his or their possession, for the purpose of selling or exposing for sale, any of the animals, wild fowls or birds mentioned in section one (1) of this act, after the expiration of five (5) days next succeeding the first day of the period in which it shall be unlawful to kill, trap or ensnare such animals, wild fowls or birds. Any person so offending shall, on conviction, be fined and dealt with as specified in section one (1) of this act, and selling or exposing for sale or having the same in possession for the purpose of selling or exposing for sale any of the animals or birds mentioned in this section, after the expiration of the time mentioned in this section, shall be prima facie evidence of the violation of this act: Provided; that the provisions of this act shall not apply to the killing of birds by or for the use of taxidermists for preservation either in public or private collections, if so preserved. *7. Exceptions. $7. The provisions of this act shall not be construed as applicable to any express company or common carrier, into whose possession any of the animals, wild fowls or birds herein mentioned shall come in the regular course of their business, for transportation, whilst they are in transit through this State from any place without this State where the killing of said animals, wild fowl or birds shall be lawful. But notwithstanding this provision, the having or being in possession of any such animals, wild fowl or birds, as are mentioned in section one (1), upon any of the days upon which the killing, entrapping, ensnaring, netting, buying, selling, or having in possession any such animals, wild fowl or birds, shall be unlawful by the provisions of this act, shall be deemed and taken as prima facie evidence that the same was ensnared, trapped, netted, or killed in violation of this act. *8. Suits disposition of fines. § 8. All prosecutions under the provisions of this act shall be brought by any person, in the name of the People of the State of Illinois, against any person or persons violating any of the provisions of this act, before any justice of the peace of the county in which such violation is alleged to have taken place, or before any court of competent jurisdiction; and it is hereby made the duty of the State's attorneys to see that the provisions of this act are enforced in their respective counties, and they shall prosecute all offenders on receiving information of the violation of any of the provisions of this act; and it is made the duty of sheriffs, deputy sheriffs, constables, and police officers, to inform against and prosecute all persons whom there is probable cause to believe are guilty of violating any of the provisions of this act, one-half the amount recovered in any penal action under the provisions of this act shall be paid to the person filing the complaint in such action, and the remaining one-half to the school fund of the township in which this act has been violated. *9. Limitation. 9. All prosecutions under this act shall be commenced within three months from the time such offense was committed and not afterwards. *10. Repeal. 1o. All acts and parts of acts in conflict herewith are hereby repealed." HUNTING ON INCLOSURES OF OTHERS. [*549] AN ACT to prohibit persons from hunting within the inclosures of others, without leave. [Approved April 15, 1871. In force July 1, 1871. L. 1871-2, p. 486.] 11. Not to hunt without consent. 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 or persons to hunt with gun, dog or net, within the inclosed grounds or lands of another, without first obtaining from the owner, agent or occupant of such inclosed grounds or lands, his, her or their permission so to do. 12. Penalty-suit. § 2. Any person or persons violating section one of this act shall be deemed guilty of a misdemeanor, and may be prosecuted in the name of the People, before any justice of the peace, or by indictment or information in any court in the county where said misdemeanor was committed; and in all such prosecutions the owner or owners, or persons in possession of said inclosures, shall not be required to prove title to the inclosures in controversy. 13. Fines. § 3. Any person convicted of violating section one of this act shall be fined in a sum not less than $3, and not exceeding $100. All fines collected by virtue of this act shall be paid into the common school fund of the township in which the offense is committed. AN ACT to provide for an additional remedy for the protection of game, and for the protection of deer, wild fowl and birds, and for the appointment of game wardens and defining the powers and duties of the same. [Approved June 27, 1885. In force July 1, 1885. L. 1885, p. *14. Appointment of wardens - compensation. SEC. I. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the governor of the State shall appoint three game wardens, one from each of the three largest cities in the State, whose term of office shall be for two years from the time of taking effect of this act or until their successor or successors are appointed; said game wardens shall receive no salary from the State for their services, but shall receive a portion of the fines and proceeds of sale as hereinafter provided. *15. Duty of game wardens — prosecutions. § 2. It shall be the duty of such game wardens to prosecute persons and corporations having in their possession game, deer, wild fowl and birds contrary to law, as hereinafter provided, and also enforce the game laws of this State *16. Game in possession, contrary to law, seized – warrant. § 3. If said game wardens or either of them has reason to believe, or does believe, that any person or corporation has in his or their possession, contrary to law, any game, deer, wild fowl, or bird, it shall be the duty of such game wardens to go before any justice of the peace in the county and make affidavit of that fact; said justice shall thereupon issue a search warrant against the person or corporation so complained of, directed to any constable of the county, commanding him to proceed at once and search for said game, deer, wild fowl, or bird, and upon finding the same, to seize and take possession of the same and keep it until further ordered by the justice; said constable shall also read said warrant to the owner or person in whose possession said same deer, wild fowl or bird is found. Said warrant shall be substantially as follows: STATE OF ILLINOIS, 88.. ...County, To any constable of said county, greeting: You are hereby commanded to search (here describe place), and seize and take possession of, and hold any game, wild fowl or bird found there; and you (here name owner, or person, or corporation in whose possession game is found) are hereby notified to appear before me, at my office, in (here locate office), on (here state time of trial), and show cause why the game, deer, wild fowl or birds should not be sold and the proceeds thereof distributed as required by law. (Date of warrant.) (Signature of Justice.) Justice of the Peace. Which said warrant shall be returnable within not less than twelve, nor more than twenty-four hours from the date thereof. *17. Hearing- game may be sold, or restored. § 4. At the time mentioned in said warrant, said justice shall proceed to hear and determine whether said game, deer, wild fowl or bird was in the possession of the person or corporation contrary to law, and if said justice finds that said game, deer, wild fowl or bird, was in the possession of the defendant contrary to law, then said justice shall enter judgment against the defendant, and order a sale of the game, deer, wild fowl or bird seized; but if said justice shall find that the possession of said game, deer, wild fowl or bird was not contrary to law, then the judgment of the court shall be that the same be returned to the person or corporation from whom the same was taken. *18. Procedure on sale. § 5. In case of a judgment and order of sale as specified in section four, then said constable shall at once post two notices, one at the justice's office and one at the place of sale, specifying in each notice the time and place of sale, not less than five hours from the date of judgment, also a description of the game, deer or wild fowl to be sold: said place of sale shall be upon the principal produce street or market of the city; said constable shall at the time and place mentioned in said notices sell said game, deer, wild fowl or bird at public auction to the highest bidder for cash, and at once pay the proceeds of such sale into the justice's court: said constable shall give to the purchaser a certificate of purchase, in which shall be a particular description of the game sold. together with the date of sale. *19. Proceeds of sale-costs. 6. Said justice shall, as soon as the proceeds of sale are paid into his court, deduct the amount of his costs, together with the constable's costs, and distribute the balance as follows Onehalf shall be paid to the game warden, which shall be kept by him for his services, and one-half paid into the county treasury for the benefit of the school fund. *20. Report of wardens. § 7. Said game warden shall each make an annual report to the governor, showing the number and kind of game, deer, wild fowl and birds seized, and what disposition was made of them, and the amount of the proceeds of sales. *21. Game wardens-damages - enforcement of act. § 8. Game wardens shall not be liable for any damage or costs sustained by any person or corporation by reason of the wrongful seizure of game, deer, wild fowl or birds under this act: Provided, however, that the enforcement of this act shall in nowise prevent prosecutions of persons or corporations for violations of the game laws of this State. PROTECTION OF WILD GAME. AN ACT entitled "An act for the protection of wild game." [Approved June 9, 1897. In force July 1, 1887. L. 1887, p. 192.] 22. When unlawful to hunt, 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 or persons, for the period of two years from and after the passage of this act, to hunt, pursue, kill, trap, net, destroy, or attempt to kill, trap, net, ensnare or otherwise destroy any prairie hen or chicken, ruffed grouse (commonly called partridge), pheasant or quail: Provided, it shall not be unlawful to shoot quail between the first day of November and the thirtyfirst day of December of each year. 23. Penalty. § 2. And every person so offending shall, for each and every offense, be deemed guilty of a misdemeanor, and on conviction, shall be fined in the sum of not less than twenty or more than forty dollars, and costs of suit, and shall stand committed in the county jail until such fine and costs are paid Provided, such imprisonment shall not exceed twenty days.. 24. When unlawful to possess to sell. 3. No person or persons shall sell, or expose for sale, or have in his or their possession for the purpose of selling, or exposing for sale any of the wild fowls or birds mentioned In section one of this act; and any persons so offending shall, on conviction, be fined and dealt with, as specified in section two of this act Provided, that inhabi tants of villages and cities may receive and ship game from other States, and expose and sell the same on the markets in said villages and cities between the first of October and the first of February of the following year. 25. Prosecutions when brought penalty. § 4. All prosecutions under the provisions of this act shall be brought by any person in the name of the People of the State of Illinois, against any person or persons violating any of the provisions of this act, before any justice of the peace of the county in which such violation is alleged to have taken place, or before any court of competent jurisdiction; and it is hereby made the duty of State's attorneys to see that the provisions this act are enforced in their respective counties, and they shall prosecute all offenders on receiving information of the violations of any of the provisions of this act, and it is made the duty of sheriffs, deputy sheriffs, constables and police officers, to inform against and prosecute all persons who there is probable cause to believe are guilty of violating any of the provisions of this act. Seventy-five per cent. of the amount recovered in any penal action under the provisions of this act, shall go to the school treasurer of the township in which this act shall have been violated, to be added to the school fund of such township, and twenty-five per cent. of the fine to the informer. 19. Execution not to issue till debt due. 21. When property is pledged, etc. 23. Sale application of proceeds. 25. When garnishee refuses to deliver 26. Rights of garnishee 27. Costs fees to garnishee. 13. Deductions and set-offs of garnishee. 29. When transcript filed in another 14. Wages exempt. 15. Negotiable paper. 16. Effect of judgment. AN ACT in regard to garnishment. [Approved March 9, 1872. In force July 1, 1872.] 1. Garnishment on judgment. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever a judgment shall be rendered by any court of record, or any justice of the peace in this State, and an execution against the defendant in such judgment shall be returned by the proper officer No property found,' on the affidavit of the plaintiff, or other credible person, being |