of the foregoing sections of this act, shall, for the first offense, be fined not less than twenty-five dollars ($25), nor more than two hundred dollars ($200): for the second offense he shall be fined not less than one hundred dollars ($100), nor more than two hundred dollars ($200), or confined in the county jail not less than one month, nor more than six months, or both, at the discretion of the court; and for the third and all subsequent offenses, he shall be fined not less than five hundred dollars ($500) nor more than two thousand dollars . ($2,000), and imprisoned in the penitentiary not less than one year, nor more than five years. 6. No person shall be convicted under any of the foregoing sections of this act, if he shows to the satisfaction of the court or jury that he did not know that he was violating any of the provisions of this act, and that he could not, with reasonable diligence, have obtained the knowledge. 7. The state's attorneys of this state are charged with the enforcement of this act, and it is hereby made their duty to appear for the people, and to attend to the prosecution of all complaints under this act, in their respective counties, in all courts. 8. All acts and parts of acts inconsistent with the provisions of this act are hereby repealed. An act to prevent the adulteration of vinegar, and to prevent fraud and imposition in the manufacture and sale of vinegar, and to protect the purchaser thereof. (1886.) (Hurd Ch. 38, 9p.) 1. Of Vinegar. That every person who shall manufacture for sale, or shall offer or expose for sale, as cider vinegar, any vinegar not the legitimate product of pure apple juice, known as apple cider, and not made exclusively of said apple cider, shall, for each such offense, be punished by a fine of not less than twenty-five dollars ($25), nor more than fifty dollars ($50). 2. Every person who shall manufacture for sale, or who shall offer or expose for sale, any vinegar found upon test to contain any preparation of lead, copper, sulphuric acid or other ingredients injurious to health, shall, for each such offense, be punished by a fine of not less than one hundred dollars ($100). An Act to regulate the sale of veal. (1887.) (Hurd Ch. 38-92.) 1. Sale of Veal. That if any person kills or causes to be killed, for the purposes of sale, any immature calf or any calf less than four weeks old, or knowingly sells, or has in his possession with intent to sell, for food, the meat of any immature calf, or of any calf killed when less than four weeks old, he shall be guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than twenty-five dollars nor more than fifty dollars, or by imprisonment in the county jail not exceeding thirty days, or by both fine and imprisonment; and all such meat exposed for sale, or kept with intent to sell, may be seized and destroyed by any health officer or any sheriff, deputy sheriff, constable or police officer. "An Act to prevent fraud in the coloring of grain." (1887.) (Hurd Ch. 38-42m.) 1. Adulterating Grain. That no person shall subject, or cause to be subjected, any barley, wheat or other grain, to fumigation, by sulphur, or other material, or to any chemical or coloring process, whereby the color, quality or germ of such grain is affected. 2. No person shall offer for sale, or procure to be sold, any barley, wheat, or other grain, which shall have been subjected to such fumigation, or other process, as provided in section one of this act, knowing such barley, wheat, or other grain to have been so subjected. 3. Any person violating the provisions of this act, shall, upon conviction, be punished by fine of not less than one hundred ($100) dollars, nor more than one thousand ($1,000) dollars, and imprisonment not exceeding three months in the county jail, and shall also be liable for all damages sustained by any person injured by such violation. 4. Any court of record shall have jurisdiction over this act, and all fines under this act, shall be collected as the statute provides in other criminal cases. An Act entitled "An act to prevent fraud in the sale of lard, and to provide punishment for the violation thereof." (1889.) (Hurd Ch. 38-480.) 1. Adulterating Lard. That no manufacturer or other person or persons shall sell, deliver, prepare, put up, expose or offer for sale any lard or any article intended for use as lard, which contains any ingredient but the pure fat of healthy swine, in any tierce, bucket, pail, package or other vessel or wrapper or under any label bearing the words "pure, "refined family," or either of said words alone or in combination with other words of like meaning or import, unless every tierce, bucket, pail, package, or other vessel, wrapper or label, in or under which said article is sold, delivered, prepared, 99 66 put up, exposed, or offered for sale bears on the top or outer side thereof, in letters not less than one-half inch in length and plainly exposed to view the words "Compound Lard," or "Lard Compound." 2. Any person who violates any provision hereof shall be deemed guilty of a misdemeanor for each violation, and, upon conviction thereof, shall be fined for the first offense not less than twenty dollars ($20) nor more than fifty dollars ($50), and every subsequent offense under this act shall be fined not less than seventy-five dollars ($75) nor more than two hundred dollars ($200). 3. The State's Attorneys of this State are charged with the enforcement of this act, and it is hereby made their duty to appear for the People, and to attend to the prosecution of all complaints under this act in their respective counties in all courts. Fifty per cent of the amount received in any penal action under the provisions of this act, shall go to the county superintendent of schools in the county where the said fine is assessed, to be distributed by him as other school funds of such county, and fifty per cent of the fine shall be given to the informer. 10. Of Medicine. Whoever fraudulently adulterates, for the purpose of sale, any drug or medicine, or sells or offers or keeps for sale any fraudulently adulterated drug or medieine, knowing the same to be adulterated, shall be confined in the county jail not exceeding one year, or fined not exceeding $1,000, and such adulterated drugs and medicine shall be forfeited and destroyed. --Adulterations may be prohibited by law, 257-587. Cotton Duck-Regulating Manufacture and Sale (1917). Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That for the purpose of this Act cotton duck or canvas shall be deemed to include all cotton duck or canvas, whether single filling, double filling, army, roll or wide duck. § 2. That for the purpose of this Act, the equivalent of thirty-six (36) inches in length by twenty-nine (29) inches in width, or seven and one-fourth (74) square feet of cotton duck or canvas shall constitute a yard, and an ounce shall be one-sixteenth part of a pound avoirdupois. 3. Any person, firm or corporation who shall manufacture for sale or who may offer or expose for sale any cotton duck or canvas or any article other than clothing and wearing apparel composed or made in whole or in part of cotton duck or canvas, shall distinctly and durably stamp, brand or mark thereon the true and correct weight of such cotton duck or canvas, by ounces per yard, together with a description by name of any filler or other preparations placed in or on said cotton duck or canvas since its manufacture. § 4. It shall be unlawful for any person, firm or corporation either individually or in any representative capacity, to carry for sale, sell or endeavor to sell any cotton duck or canvas as herein defined, or any articles other than clothing and wearing apparel composed or made in whole or in part of any cotton duck or canvas without having marked thereon the true and correct weight of said canvas or cotton duck by ounces per yard, together with a description by name of any filler or other preparations placed in or on said cotton duck or canvas since its manufacture, or to misstate, misrepresent or conceal the true weight of said canvas or cotton duck by ounces per yard, or to misstate[,] misrepresent or conceal the existence of any filler or other preparation placed in or on said cotton duck or canvas since its manufacture. § 5. It shall be unlawful for any person, firm or corporation either individually or in representative capacity selling, carrying for sale or endeavoring to sell any awnings, paulins, wagon covers, tent, grain and hay covers, stable or tent tops, to misstate or misrepresent or conceal the true and correct size and dimensions thereof. § 6. It shall be unlawful for any person to deface, mutilate, obscure, conceal, efface; cancel or remove any mark provided for by this Act, or cause or permit the same to be done with intent to mislead, deceive or to violate any of the provisions of this Act. § 7. Any person, firm or corporation violating any of the provisions of this Act shall be deemed guilty of a misdemeanor and on conviction thereof shall for the first offense be punished by a fine of not less than twenty-five dollars ($25.00) nor more than fifty dollars ($50.00) and for each subsequent offense by a fine of not less than fifty dollars ($50.00) nor more than one hundred dollars ($100.00). 11. Open state of. ADULTERY. 12. Proof of. 11. If any man and woman shall live together in an open state of adultery, or fornication, or adultery and fornication, every such person shall be fined not exceeding $500, or confined in the county jail not exceeding one year. For a sec ond offense, such man or woman shall be severally punished twice as much as the former punishment, and for a third offense, treble, and thus increasing the punishment for each succeeding offense: Provided, however, that it shall be in the power of the party or parties offending, to prevent or suspend the prosecution by their intermarriage, if such marriage can be legally solemnized, and upon the payment of the costs of such prosecution. [R. S. 1845, p. 173; § 123. -Defined as voluntary intercourse of married person with other than spouse, 198-544. -Indictment may aver act on single day, 198-544. -Indictment for, need not aver woman, married or single, 162-589. -Information for, 276-346. -Evidence-what proper, 276-346. -Fornication defined, 13-597. -Single acts are not within this section, 58-59; 23-498; 168406. -Crime of adultery is as defined in this act, 15-439. 12. Proof. The offense of adultery shall be sufficiently proved by circumstances which raise the presumption of cohabitation and unlawful intimacy. -May be shown by circumstantial evidence, 242-552; 210 524. -Proof of marriage-what sufficient, 198-544. -Intercourse must be shown to be continuous and notorious, 58-59. 13. -Husband not competent against wife charged with, 58-59. -What is proof of, 58-59; 16-88; 168-399. ARSON AND BURNING. Crime defined. 14. To defraud insurer. 15. Of other property. 16. Attempt to commit. 17. Of one's own property. 18. Of woods, prairies, etc. 19. Indictment for. 13. Arson. Every person who shall willfully and maliciously burn or cause to be burned any dwelling house, kitchen, office, shop, barn, stable, storehouse, warehouse, malt house, stilling house, factory, mill, pottery or other building, the property of any other person, or any church, meeting house, school house, state house, court house, work house, jail or other building, or any boat or other water craft, or any bridge of the value of $50 erected across any of the waters of this state, such person so offending shall be deemed guilty of arson, |