AN ACT concerning bastardy. [Approved April 3, 1872. In force July 1, 1872. L. 1871-2, p. 198.]

1. COMPLAINT BY MOTHER.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when an unmarried woman who shall be pregnant, or delivered of a child which by law would be deemed a bastard, shall make complaint to a justice of the peace of the county where she may be so pregnant or delivered, or the person accused may be found, and shall accuse, under oath or affirmation, a person with being the father of such child, it shall be the duty of such justice to issue a warrant against the person so accused, and cause him to be brought forthwith before him, or in his absence, any other justice of the peace in such county. [R. S. 1845, p. 85, § 1; L. 1869, p. 356, § 1. 2. WARRANT.] § 2. The warrant shall be directed to all sheriffs, coroners and constables in the state of Illinois, and may be executed by any such officer in any county. [R. S. 1845, p. 85, § 1; L. 1847, p. 21, § 1.

3. EXAMINATION-BAIL.] § 3. Upon his appearance, it shall be the duty of said justice to examine the woman, upon oath or affirmation, in the presence of the man alleged to be the father of the child, touching the charge against him. The defendant shall have the right to controvert such charge, and evidence may be heard as in cases of trial before the county court. If the justice shall be of opinion that sufficient cause appears, it shall be his duty to bind the person so accused, in bond, with sufficient security, to appear at the next county court to be holden in such county, to answer to such charge; to which court said warrant and bond shall be returned. On neglect or refusal to give bond and security, the justice shall cause such person to be committed to the jail of the county, there to be held to answer the complaint. [R. S. 1845, p. 85, § 1.

4. TRIAL IN COUNTY COURT.] § 4. The county court of such county, at its next term, shall cause an issue to be made up, whether the person charged, as aforesaid, is the real father of the child or not, which issue shall be tried by a jury. When the person charged appears and denies the charge, he shall have a right to controvert, by all legal evidence, the truth of such charge. [R. S. 1845, p. 85, § 2.

5. CONTINUANCE.] § 5. If, at the time of such court, the woman be not delivered, or is unable to attend, the court shall order a recognizance to be taken of the person charged as aforesaid, in such an amount and with such sureties as the court may deem just, for the appearance of such person at the next court after the birth of her child; and should such mother not be able to attend at the next term after the birth of her child, the recognizance shall be continued until she is able. [R. S. 1845, p. 85, § 3.

6. PARTIES MAY TESTIFY.] § 6. On the trial of every issue of bastardy, the mother and defendant shall be admitted as competent witnesses, and their credibility shall be left to the jury. [R. S. 1845, p. 85, § 4.

7. WHEN JUDGMENT IS FOR DEFENDANT.] § 7. If, upon the trial of the issue aforesaid, the jury shall find that the child is not the child of the defendant or alleged father, then the judgment of the court shall be that he be discharged. The woman making the complaint shall pay the costs of the prosecution, and judgment shall be entered therefor, and execution may thereupon issue. [R. S. 1845, p. 86, § 6.

8. WHEN JUDGMENT IS AGAINST DEFENDANT.] § 8. In case the issue be found against the defendant or reputed father, or whenever he shall, in open court, have confessed the truth of the accusation against him, he shall be condemned by the order and judgment of the court to pay a sum of money not exceeding one hundred dollars for the first year after the birth of such child, and a sum not exceeding fifty dollars yearly, for nine years succeeding said first year, for the support, maintenance and education of such child, and shall, moreover, be adjudged to pay all the costs of the prosecution, for which costs execution shall issue as in other cases. And the said reputed father shall be required by said court to give bond with sufficient security, to be approved by the judge of said court, for the payment of such sum of money as shall be ordered by said court, as aforesaid; which said bond shall be made payable to the People of the State of Illinois, and conditioned for the due and faithful payment of said yearly sum, in equal quarterly installments, to the clerk of said court, which bond shall be filed and preserved by the clerk of said court. [R. S. 1845, p. 86, § 5; L. 1861, p. 171, § 1.

9. REFUSAL TO GIVE SECURITY.] § 9. In case the defendant or reputed father shall refuse or neglect to give such security as may be ordered by the court, he shall be committed to the jail of the county, there to remain until he shall comply with such order or until otherwise discharged by due course of law. [R. S. 1845, p. 86, § 5.

10. THE MONEY--HOW USED.] § 10. The money, when received, shall be laid out and appropriated for the support of such child in such manner as shall be directed by the court; but when a guardian shall be appointed for such bastard, the money arising from such bond shall be paid over to such guardian. [R. S. 1845, p. 86, § 5.

11. DEFAULT OF PAYMENT.] § 11. Whenever default shall be made in the payment of a quarterly installment, or any part thereof, mentioned in the bond provided for in the foregoing section, the county judge of the county wherein such bond is filed, shall, at the request of the mother, guardian or any other person interested in the support of such child, issue a citation to the principal and sureties in said bond, requiring them to appear on some day in said citation mentioned, during the next term of the county court of said county for probate business, and show cause, if any they have, why execution should not issue against them for the amount of the installment or installments due and unpaid on said bond, which said citation shall be served by any sheriff or constable of the county in which such principal or sureties reside or may be found, at least five days before the term day thereof. And if the amount due on such installment or installments shall not be paid at or before the time mentioned for showing cause as aforesaid, the said county judge shall render judgment in favor of the People of the State of Illinois, against the principal and sureties who have been served with said citation, for the amount unpaid on the installment or installments due on said bond, and the costs of said proceeding; and execution shall issue from said county court against the goods and chattels of the person or persons against whom said judgment shall be rendered, for the amount of said judgment and costs, to the sheriff of any county in the state where the parties to said judgment, or either of them, reside or have property subject to such execution. [L. 1861, p. 172, § 2.

12. CONTEMPT-LIEN OF JUDGMENT.] § 12. And said county judge shall also have power, in case of default in the payment, when due, of any installment or installments, or any part thereof, in the condition of said bond mentioned, to ad

judge the reputed father of such child guilty of contempt of said court, by reason of the non-payment as aforesaid, and to order him to be committed to the county jail of said county until the amount of said installment or installments, so due, shall be fully paid, together with all costs of said commitment, and in the obtaining and enforcing of said judgment and execution, as aforesaid. But the commitment of such reputed father shall not operate to stay or defeat the obtaining of judgment and the collection thereof by execution as aforesaid: Provided, that the rendition and collection of judgment, as aforesaid, shall not be construed to bar or hinder the taking of similar proceedings for the collection of subsequent quarterly installments on said bond, as they shall become due and remain unpaid: And, provided, further, that if the county judge, or any other person interested in the support of such child, shall deem it necessary, in order to secure the payment or collection of such judgment, that the same should be made a lien on real estate, a transcript of said proceedings and judgment shall be made by the clerk of said county court, and filed and recorded in the office of the clerk of the circuit court of said county, in the same manner and with like effect as transcripts of judgments of justices of the peace are filed and recorded, to make the same a lien on real estate; and execution and other process shall thereupon issue for the collection of said judgment as in case of other judgments in said circuit court; and the provisions of this section shall, as far as applicable, apply to all bonds which have heretofore been taken in pursuance of the statutes in regard to bas tardy. [L. 1861, p. 172, § 2.

13. CUSTODY OF CHILD.] § 13. The reputed father of a bastard child shall not have the right to the custody or control of such child, if the mother is living and wishes to retain such custody and control, until after it shall have arrived at the age of ten years, unless, upon petition to the circuit court of the county in which the mother resides, it shall, on full hearing of the facts in the case, after notice to the mother, be made to appear to the judge of said court that said mother is not a suitable person to have the control and custody of such child. [L. 1861, p. 173, § 3.

14. CHILD NOT BORN ALIVE OR DYING.] § 14. If the said child should never be born alive, or being born alive should die at any time, and the fact shall be suggested upon the record of the said court, then the bond aforesaid shall from thenceforth be void. [R. S. 1845, p. 86, § 5.

15. MARRIAGE OF PARENTS.] § 15. If the mother of any bastard child, and the reputed father, shall, at any time after its birth, intermarry, the said child shall, in all respects, be deemed and held legitimate, and the bond aforesaid be void. [R. S. 1845, p. 86, § 7.

16. LIMITATION.] § 16. No prosecution under this act shall be brought after two years from the birth of the bastard child: Provided, the time any person accused shall be absent from the state shall not be computed. [R. S. 1845, p. 86, § 8. [§ 17, repeal, omitted. See "Statutes," ch. 131. § 5. ]

SECTION

1. Commissioner of Canada thistles.

2. Duties of commissioner.

CHAPTER 18.

CANADA THISTLES.

SECTION

6. Report of commissioner.
Accounts audited.

7.

3. Treatment of thistles on inclosed lands-appeal, etc. 8. Appropriations-control by county board. 4. Further treatment.

9. Emergency.

AN ACT concerning Canada thistles. [Approved and in force March 15, 1872. L. 1871-2, p. 210.]

1. COMMISSIONER OF CANADA THISTLES.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there may be appointed by the board of town auditors in counties under township organization, and by the county commissioners in counties not under township organization, for each township or election precinct, and by the city council of any city, or by the president and trustees of any town or village, as the case may be, some competent person, to be styled "Commissioner of Canada Thistles," who shall take the oath required of township or precinct officers, and shall hold his office for the term of three years, and until his successor is appointed and qualified; and be shall receive for his compensation the sum of two dollars a day, for each full day necessarily spent in the performance of his duty, to be verified by affidavit. The board of appointment may, at any time, for good cause, remove the commissioner from office, and appoint his successor, to serve the remaining portion of his time.

2. DUTIES OF COMMISSIONER.] § 2. The commissioner of Canada thistles shall diligently inquire concerning the introduction and existence of Canada thistles in his township or precinct, and if any are found growing therein he shall take charge of all such growing in the highway and on uninclosed lands, and take care that they do not go to seed, or otherwise spread; and he shall carefully seek and learn, so far as practicable, the best methods for their destruction, and he shall persistently apply, in proper time, such remedy or treatment as he shall deem best calculated to prevent their spread and to eradicate the same.

3. TREATMENT OF THISTLES ON INCLOSED LANDS-APPEAL, ETC.] § 3. In case said thistles are found growing on inclosed lands, the commissioner shall advise with the owner, agent or occupant on their treatment, and if the said commissioner shall deem it necessary and expedient for him to fully control the same, he shall agree with the owner, agent or occupant on the boundaries of the tract so infected which it is expedient for him to control, and he shall mark the same by stakes, or by fence, if thought best; and thereafter such infected tract, or so much as from time to time remains infected, shall be managed and controlled by the said commissioner, for the purpose of destroying the said thistles, and so long as it may be necessary to complete the work. In case the commissioner and the owner, agent or occupant of the land cannot agree, as regards the propriety of the commissioner controlling such tract, or of the boundaries of the same, then the commissioner shall proceed to stake out or mark such boundaries as he deems proper, and file a copy of his decision with the town clerk, or, in counties not under township organization, with the county clerk. The owner, agent or occupant of the land may, if he feels aggrieved, appeal from such de

cision of the commissioner, without bonds, within twenty days, to the commissioners of highways of the town, or to the county commissioners, as the case may be, who shall proceed to view the same, and to hear the reasons for and against the decision of the commissioner; and a majority of such board of appeal shall decide as to the propriety of taking possession of the tract alleged to be infected, and if they decide to take such possession, what shall constitute the boundaries of the same, and shall direct said commissioner to exterminate said thistles, (which are hereby declared a public nuisance,) without unnecessarily depriving the owner of the land of any legitimate use and enjoyment of the same. [See crim. code, ch. 38, § 40.

4. FURTHER TREATMENT.] § 4. The commissioner shall apply the best known means, and use the utmost diligence, in eradicating the thistles; but he shall not have power to expend in work or materials more than $100 on any one infected tract, without the advice and consent, in writing, of the supervisor of the town, or of the county commissioners, as the case may be.

5. PROSECUTIONS.] § 5. It shall be the duty of the commissioner to prosecute or complain to the proper authorities of any person or corporation who may violate any law now existing, or which may hereafter be passed, on the subject of Canada thistles. [See crim. code, ch. 38, § 40, 41.

6. REPORT OF COMMISSIONER.] § 6. The commissioner shall, annually, before the first day of November, make a written report to the supervisor of the town, or to the county commissioners, as the case may be-which report shall be filed with the town clerk, or, in counties not under township organization, with the county clerk. The report made to the supervisor shall be publicly read at the annual town meeting. Said report shall state

First-Whether there are or not any Canada thistles growing in the town or

precinct.

Second-If any are growing, where and how many, and when and how introduced.

Third-A detailed statement of his treatment of each infected tract, with cost and result.

Fourth-He shall report such other matters as may be required of him by the board of town auditors, or by the county commissioners.

Fifth-He shall state his views on their further treatment, and make such suggestions and recommendations as he may deem proper and useful.

And he shall also forward a copy of said report to the secretary of the state board of agriculture, who shall collate and report the same to the governor by the first day of December of each year.

7. ACCOUNTS AUDITED.] § 7. The board of town auditors, and the county commissioners in counties not under township organization, shall audit the accounts of the commissioner, both for his services and for the money expended or labor employed by him; and they shall provide for their payment as they now do for other town or county expenses.

8. APPROPRIATIONS-CONTROL BY COUNTY BOARD.] § 8. The boards of supervisors and county commissioners may make appropriations from the county treasury to aid in destroying the Canada thistle in any one or more towns or precincts of the county; and in case they deem it expedient, they may assume control over any one tract or of all the Canada thistles in the county, and make such provision as they may deem necessary, and impose penalties, not exceeding $100 for each offense, for a violation of any provisions, by-laws or regulations made by them on this subject, to be sued for by the commissioner, in the name and for the use of the proper county, before any justice of the peace having jurisdiction. Whenever the board of supervisors or county commissioners shall decide to assume control, and so long as they exercise it, their jurisdiction shall be superior to that of the commissioner.

9. EMERGENCY.] 9. Whereas, Canada thistles are now growing in various parts of the state, requiring attention before the first day of July: therefore this act shall take effect and be in force from and after its passage.