PART ONE ABANDONMENT. [In force July 1, 1903.] 1. Crime and Punishment. That every person who shall, without good cause, abandon his wife and neglect and refuse to maintain and provide for her, or who shall abandon his or her minor child or children, under the age of twelve years, in destitute or necessitous circumstances, and willfully neglect or refuse to maintain or provide for such child or children, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not less than one hundred dollars or more than five hundred dollars, or by imprisonment in the County Jail, House of Correction or Workhouse not less than one month or more than twelve months, or by both such fine and imprisonment; and should a fine be imposed it may be directed by the Court to be paid, in whole or in part to the wife, or to the guardian or custodian of the minor child or children, provided, that before the trial (with the consent of the defendant), or after conviction, instead of imposing the punishment hereinbefore provided, or in addition thereto the court in its discretion, having regarded the circumstances and financial ability, of the defendant, shall have the power to pass an order, which shall be subject to change by it from time to time as the circumstances may require, directing the defendant to pay a certain sum weekly for one year to the wife, guardian or custodian of the minor child or children, and to release the defendant from the custody, on probation, for the space of one year upon his or her entering into a recognizance, with or without sureties, in such sums as the court may direct. The conditions of the recognizance shall be such that if the defendant shall make his or her personal appearance in Court whenever ordered to do so within a year, and shall further comply with the terms of the order, then the recognizance shall be void, otherwise of full force and effect. If the Court be satisfied by information and due proof, under oath, that at any time during the year the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original indictment, or sentence him or her under the original conviction, as the case may be. In a case of forfeiture of a recognizance and enforcement thereof by execution, the sum recovered may, in the discretion of the court, be paid in whole or in part to the wife, guardian or custodian of the minor child or children. 2. Proof of Marriage, etc. No other evidence shall be required to prove marriage of such husband and wife, or that such person is the lawful father or mother of such child or children, than is or shall be required to prove said facts in a civil action, and such wife.shall be a competent witness to testify in any case brought under this act, and to any and all matters relevant thereto, including the fact of such marriage and the parentage of such child or children. 3. All acts and portions thereof in conflict herewith are hereby repealed. (See Children.) -Of wife and child, 281-295; (298). -Act held valid, 257-443. -Effect of Statute of Limitations, 257-443. -Penalty for second offense, 257-443. -Jury trial-not on temporary petition, 286-319. Section 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every person who shall, without any reasonable cause, neglect or refuse to provide for the support or maintenance of his wife, said wife being in destitute or in necessitous circumstances, or any person who shall, without lawful excuse, desert or neglect or refuse to provide for the support or maintenance of his or her child or children under the age of eighteen years, in destitute or necessitous circumstances, shall be deemed guilty of a misdemeanor and on conviction thereof shall be punished by a fine of not to exceed six hundred dollars or by imprisonment in the county jail, house of correction or workhouse, not to exceed one year, or by both such fine and imprisonment. § 2. Proceedings under this act may be by indictment or information. § 3. At any time before the trial, upon motion of the complainant and upon notice to the defendant, the court at any time or a judge thereof in vacation, may enter such temporary order as may seem just, providing for the support or maintenance of the wife or child or children of the defendant, or both, pendente lite, and may for violation of such order punish the offender as for a contempt of court. § 4. Whenever a fine shall be imposed, it may be directed by the court to be paid, in whole or in part, to the wife or to the guardian or custodian of the minor child or children: Provided, that before the trial with the consent of the defendant, or at the trial, on entry of a plea of guilty, or after conviction, instead of imposing the penalty provided in this act, or in addition thereto the court in its discretion, having regard to the circumstances, and to the financial ability or earning capacity of the defendant, shall have the power to make an order, which shall be subject to change by the court from time to time as circumstances may require, directing the defendant to pay a certain sum periodically for a term not exceeding one year, to the wife or to the guardian or custodian of the said minor child or children, or to an organization or individual approved by the court as trustee; and shall also have the power to relieve the defendant from custody on probation for the period fixed in the order of judgment upon his or her entering into a recognizance, with or without surety, in such sum as the court or a judge thereof in vacation, may order and approve. The condition of the recognizance shall be such that if the defendant shall make his or her personal appearance in court whenever ordered to do so by said court, at such period as may be fixed, within one year, and shall further comply with the terms of such order of support, or of any subsequent modification thereof, then such recognizance shall be void; otherwise in full force and effect (286-319). § 5. If the court be satisfied by testimony in open court, that at any time during said period of one year the defendant has violated the terms of such order, it may forthwith proceed with the trial of the defendant under the original charge, or sentence him or her under the original conviction, or enforce the suspended sentence, as the case may be. In case of forfeiture of recognizance, and enforcement thereof by execution, the sum so recovered may, in the discretion of the court, be paid, in whole or in part, to the wife, or to the guardian or custodian or trustee of the said minor child or children. § 6. No other or greater evidence shall be required to prove the marriage of such husband and wife, or that the defendant is the father or mother of such child or children, than is or shall be required to prove such fact in a civil action. § 7. In no prosecution under this act shall any existing statute or rule of law prohibiting the disclosure of confidential communications between husband and wife apply. And both husband and wife shall be competent witnesses to testify to any and all relevant matters, including the fact of such marriage and of the parentage of such child or children: Provided, that neither shall be compelled to give evidence incriminating himself or herself. § 8. Actions against persons under this act who shall without any reasonable cause, neglect or refuse to provide for the support or maintenance of his wife may be prosecuted at any time during the existence of the marriage relations. § 9. Actions against persons under this act who shall without lawful excuse, neglect or refuse to provide for the support or maintenance of his or her child or children, may be prosecuted at any time until said child or children reaches the age of eighteen years (287-458). § 10. It is hereby expressly declared that the offenses as herein before set forth in this Act, are and shall be so taken and construed to be continuing offenses. § 11. All acts or parts of acts in conflict herewith are hereby repealed. ABDUCTION. 1. Of Female. Whoever entices or takes away any unmarried female of a chaste life and conversation from the parents' house, or wherever she may be found, for the purpose of prostitution or concubinage, and whoever aids and assists in such abduction for such purpose, shall be imprisoned in the penitentiary not less than one nor more than ten years. --Chastity is presumed-burden of disproving is on accused, 153-156. -Reputation of girl may be shown, 153-156. 156. -Declarations of girl abducted-when not competent, 153 -Violation of this section is felonious, 131-594. -Conviction of enticing female, 131-594; 258-152. -Essential elements to establish the crime of abduction, 124-607; 258-152. ---Concubinage defired as continuing illicit intercourse, 124 607. ---Inducing to prostitution on several occasions is seduction, 90-274. 2. Of Child. Whoever unlawfully takes or decoys away any child under the age of twelve years, with intent to detain or conceal such child from its parents, guardian or other person having the lawful charge of such child, shall be confined in the county jail not exceeding one year, or fined not exceeding $2,000, or both, in the discretion of the court: Provided, This section shall not apply to any one who, in good faith, interferes to protect the child from abuse or cruel treat 3. Producing. Whoever, by means of any instrument, medicine, drug, or other means whatever, causes any woman, pregnant with child, to abort or miscarry, or attempts to procure or produce an abortion or miscarriage, unless the same were done as necessary for the preservation of the mother's life, shall be imprisoned in the penitentiary not less than one year nor more than ten years; or if the death of the mother results therefrom, the person procuring or causing the abortion or miscarriage shall be guilty of murder. -Physician who held post mortem may give evidence of conditions found and cause of, 236-514. -That accused was professional abortionist-competent, 236-514; 224-554. --Instruction disapproved, 277-238 (242). -Instruction-omitting element that deceased was pregnant, 236-514. -Attempted, but resulting in death. is murder, 224-554; 89571; 73-329; 65-372. -Prosecution under this section, 215-593; 261-239. -Indictment alleging use of instrument-method of use must be stated, 175-28. "Attempt" to produce-meaning of, 141-185. -Proof need not show all alleged instruments were em ployed, 141-195. -Motive-how proper to show, 141-195. -Paternity of child may be shown, 141-195. -Indictment-what sufficient, 141-195; 139-195; 105-452. -Necessary for must be negatived in indictment, 89-571. -What is not abortion, 77-481; 76-217. -What may be assumed in, 277-210 (214). -Intent to produce miscarriage must be shown, 76-217. -Statute construed, 76-217. --Conviction for manslaughter may be had-when, 73-329. |