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Horticulture.

tificate, under seal, of his appointment and authority to act as such special police, which shall be indicated by some appropriate badge of office, and when so authorized he shall be clothed with full police powers.

PENALTIES.

16. TRESPASS ON FAIR GROUNDS, ETC.] § 16. Whoever trespasses upon any fair grounds, or commits any depredation upon the property of any agricultural board or society, by cutting or destroying any timber or trees, breaking or carrying away any box, trough, stall, bench, fence, lock, door, gate, lumber, or other appurtenance to any fair ground, whether within or without the inclosure thereof, shall be fined not less than $5 nor exceeding $200, and shall be liable civilly for all damages sustained by such wrongful act. [L. 1869, p. 177, § 1.

17. LIQUOR AND GAMING PROHIBITED.] § 17. Whoever shall keep any shop, booth, tent, wagon, vessel, boat, or other place for the sale of spirituous liquors, or expose for sale or sell, give away, or otherwise dispose of any spirituous liquors, or engages in gaming at or within two miles of the place where any agricultural, horticultural or mechanical fair is being held, shall, for each offense, be fined not less than $5 or more than $100: Provided, that this section shall not affect tavern keepers, distillers or others exercising their calling at their usual places of business. [L. 1857, p. 79, § 1.

18. ENFORCEMENT OF PENALTY.] § 18. Any person violating the provisions of the preceding section may be arrested upon view, or upon warrant, by any sheriff, coroner, constable or other officer authorized to make arrests, and such officer may also seize the booth, tent, wagon, vessel or boat, and articles to be sold, and convey the same before a justice of the peace, with the offender, and upon a judgment being rendered against the offender the same may be sold upon the execution issued upon such judgment; and if sufficient property is not found to satisfy such fine, the offender may be committed to the county jail till the fine and costs are paid, or the prisoner discharged according to law. [L. 1857, p. 79, § 2.

19. REPEAL.] § 19. The following acts are hereby repealed: "An act to prevent the sale of spirituous liquors and other articles of traffic, at or near agricultural fair grounds," approved February 13, 1857; "An act to protect fair grounds and fair ground property," approved March 29, 1869; "An act to create à department of agriculture in the state of Illinois," approved April 15, 1871; "An act concerning the reorganization of county agricultural societies, in conformity to an act to create a department of agriculture in the state of Illinois,' approved April 15, 1871," approved April 18, 1873; but the repeal of said acts shall not affect any suits that may be pending, or any rights that have accrued, when this act shall take effect.

STATE HORTICULTURAL SOCIETY.

AN ACT to reorganize the Illinois State Horticultural Society. [Approved March 24, 1874. In force July 1, 1874.] 20. DECLARED A PUBLIC CORPORATION.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the organization heretofore chartered and aided by appropriations, under the name of the Illinois State Horticultural Society, is hereby made and declared a public corporation of the state.

21. WHAT STATE SOCIETY SHALL EMBRACE.] 82 The Illinois State Horticultural Society shall embrace, as hereinafter provided, three horticultural societies, to be organized in the three horticultural districts of the state, which shall be known as the Horticultural Society of Northern Illinois, now operating in the

Horticulture.

counties of Bureau, Boone, Cook, Carroll, DuPage, DeKalb, Henry, Grundy, Jo Daviess, Kane, Kendall, Kankakee, Lake, Lee, LaSalle, McHenry, Ogle, Putnam, Rock Island, Stephenson, Whiteside, Winnebago and Will (23); the HorticulSociety of Central Illinois, operating in the counties of Adams, Brown, Cass, Champaign, Christian, Coles, DeWitt, Douglas, Edgar, Fulton, Ford, Iroquois, Hancock, Henderson, Knox, Logan, Livingston, McLean, McDonough, Marshall, Mason, Mercer, Menard, Morgan, Macon, Moultrie, Peoria, Pike, Piatt, Sangamon, Shelby, Schuyler, Scott, Stark, Vermilion, Tazewell, Warren, Woodford, (38); and the Horticultural Society of Southern Illinois, operating in the counties of Alexander, Bond, Clark, Clay, Crawford, Calhoun, Cumberland, Clinton, Edwards, Effingham, Fayette, Franklin, Greene, Gallatin, Hamilton, Hardin, Jasper, Jefferson, Jersey, Jackson, Johnson, Lawrence, Madison, Macoupin, Marion, Monroe, Montgomery, Massac, Perry, Pope, Pulaski, Richland, Randolph, St. Clair, Saline, Union, Wayne, White, Washington, Williamson and Wabash (41).

22. EXECUTIVE BOARD.] § 3. The affairs of the Illinois State Horticultural Society shall be managed by an executive board, to consist of the president and secretary of said society and the president and one vice-president from each of the three district horticultural societies: Provided, that the eligible officers now elect of the Illinois state and district horticultural societies shall be the first members of the executive board created by this act, and shall hold their office until their successors are elected, as herein provided for.

23. POWERS OF EXECUTIVE BOARD-MEETINGS-REPORT-FUNDS-STATE NOT LIABLE.] § 4. The executive board of the Illinois State Horticultural Society shall have the sole care and disposal of all funds that may be apportioned by the state of Illinois to sustain the Illinois State Horticultural Society, and shall expend the same in such manner as in their judgment will best promote the interests of horticulture and arboriculture in this state. They shall meet at Springfield on the second Tuesday after the first Monday in January, 1875, and biennially thereafter. They shall render to the governor of the state a detailed statement of all funds received from the state and all other sources, which statement shall, also, include all expenditures made by them, and the specific objects, in detail, for which said sums were expended. They shall make no appropriations without having funds in hand to meet the same, and if any debt is created, the members of the board shall be held severally and jointly liable for the payment of the same; and in no event shall the state of Illinois be held liable or responsible for any debt, obligation or contract made by the Illinois State Horticultural Society, or its executive board.

24. ANNUAL MEETINGS―ELECTION OF OFFICERS―REPORT—QUORUM.] § 5. The Illinois state and the three district horticultural societies shall hold annual meetings, at which their officers for the ensuing year shall be elected. Within one month after the annual meeting of the district societies, they shall forward to the secretary of the executive board a report of their transactions, including a list of officers elected at such meeting. The executive board shall publish annually, at the expense of said society, a report of its transactions and such other papers as they may deem of value to horticulture and arboriculture. Four members of the executive board shall constitute a quorum for the transaction of business.

25. PRIVILEGES OF MEMBERS OF DISTRICT SOCIETIES.] § 6. Members of the several district societies shall be entitled to all the privileges of the members of the state society, except that of voting for officers.

26. BY-LAWS AND RULES.] § 7. By-laws and rules that do not conflict with the laws of this state, may be passed and enforced by the several societies herein mentioned.

Marketing products.

MARKETING PRODUCTS.

AN ACT for the protection of farmers, fruit growers, vine growers and gardeners. [Approved January 13, 1872. In force July 1, 1872. Laws 1871-2, p. 416.j

27. FARMER, ETC., MAY SELL PRODUCTS WITHOUT LICENSE.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That every farmer, fruit and vine grower, and gardener, shall have an undisputed right to sell the produce of his farm, orchard, vineyard and garden in any place or market where such articles are usually sold, and in any quantity he may think proper, without paying any state, county or city tax, or license, for doing so, any law, city or town ordinance to the contrary notwithstanding: Provided, that the corporate authorities of any such city, town or village may prohibit the obstruction of its streets, alleys and public places for any such purpose: And, provided further, that nothing in this act shall be so construed as to authorize the sale of spirituous, vinous er malt liquors, contrary to laws which now are or hereafter may be in force prohibiting the sale thereof.

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AN ACT to amend chapter four, revised laws, entitled "Aliens." [Approved February 17, 1851. In force February 17, 1851 L. 1851, p. 149]

1. ALIENS MAY HOLD AND TRANSMIT REAL ESTATE.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all aliens may take, by deed, will or otherwise, lands and tenements and any interest therein, and alienate, sell, assign, and transmit the same to their heirs, or any other persons, whether such heirs or other persons be citizens of the United States or not, in the same manner as natural born citizens of the United States or of this state might do; and upon the decease of any person (alien) having title to, or interest in any lands or tenements, such lands and tenements shall pass and descend in the same manner as if such alien were a citizen of the United States; and it shall be no objection to any person having an interest in such estate that they are not citizens of the United States, but all such persons shall have the same rights and remedies, and in all things be placed upon the same footing as natural born citizens and actual residents of the United States. [See "Dower," ch. 41, § 2.

2. DISTRIBUTION OF PERSONAL ESTATE OF ALIENS.] § 2. The personal estate of an alien, dying intestate, shall be distributed in the same manner as the estates of natural born citizens, and all persons interested in such estate shall be entitled to proper distributive shares thereof, under the laws of this state, whether they are aliens or not.

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AN ACT to revise the law in relation to amendments and jeofails. [Approved Feb. 25, 1874. In force July 1, 1874.]

1. POWER OF COURT TO PERMIT AMENDMENTS.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the court in which an action is pending shall have power to permit amendments in any process, pleading or proceeding in such action, either in form or substance, for the furtherance of justice, on such terms as shall be just, at any time before judgment rendered therein. [See "Practice," ch. 110, § 24; "Justice and Constables," ch. 79, § 38..

2. AMENDMENTS AFTER JUDGMENT.] § 2. After judgment rendered in any cause, any defects or imperfections in matter of form, contained in the record, pleadings, process, entries, returns or other proceedings in such cause, may be rectified and amended by the court in affirmance of the judgment, so that such judgment shall not be reversed or annulled; and any variance in the record from any process, pleading or proceeding had in such cause, shall be reformed and amended according to such original process, pleading or proceeding. [R. S. 1845, p. 48, § 1.

3. JUDGMENT NOT TO BE REVERSED FOR FORMAL ERROR.] § 3. No judgment shall be reversed, in the supreme court, for mere error in form, if the judgment be for the true amount of indebtedness or damages.

4. RETURNS AMENDABLE.] § 4. All returns by any sheriff or other officer, or by any court or subordinate tribunal, to any court, may be amended in matter of form, or according to the truth of the matter, by the court to which such returns shall be made, in its discretion, as well before as after judgment. [R. S. 1845, p. 49, § 4.

5. VENIRE.] § 5. Any imperfection or defect in the award of any venire, or any omission to award such venire on the record, may be amended or supplied by the court in which the record is.

6. WHEN JUDGMENT NOT ARRESTED, REVERSED, ETC.] § 6. Judgment shall not be arrested or stayed after verdict, nor shall any judgment upon verdict or finding by the court, or upon confession nil dicit or non sum informatus, or upon any writ of inquiry of damages, be reversed, impaired, or in any way affected, by reason of any of the following imperfections, omissions, defects, matters or things in the process, pleadings, proceedings or records, namely: First-For want of form in any writ, original or judicial.

Second--For any default or lack of form in any writ, or misconceiving any process, or awarding the same to a wrong officer,

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