AN ACT to prevent the destruction of fish in the state of Illinois, and to secure the unobstructed passage of fish in all the waters of this state wherein they were once accustomed to be found. (Approved March 22, 1872. In force July 1, 1872. L. 1871-2, p. 456.)

1. NOT OBSTRUCT PASSAGE OF FISH-NETS.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person shall place, erect or cause to be placed or erected any dam, seine, net, weir, fish dam or other obstruction in or across any of the rivers, creeks, streams, ponds, lakes, sloughs, bayous or other water courses wholly within this state, or in that part of such stream or water course wholly within this state, in such manner as shall hinder or obstruct the free passage of fish up or down or through such waters or water courses; and that from and after the adoption of this act it shall be unlawful for any person to use any seine or net for the purpose of catching fish, except minnows, in any of the waters of this state, the meshes of whose seine is less than one and one-half inches.

2. PROCEEDING FOR VIOLATING THIS ACT.] § 2. Whenever complaint shall be made to any justice of the peace in any county of this state, that any person has violated the foregoing section, he shall inquire into the matter, and if satisfied, from the affidavit of the person making the complaint, or from other testimony, that there is reasonable cause to justify the making of such complaint, he shall issue his warrant, directed to the sheriff or any constable of such county, authorizing and commanding him forthwith to arrest and bring before him the person alleged or charged to have been guilty of a violation of the foregoing section.

3. EXAMINATION.] § 3. Whenever any person shall be brought before any justice of the peace in the manner provided for in the last preceding section, for a violation of the first section of this act, it shall be the duty of such justice of the peace to hear and determine the complaint made against such person in a summary manner.

4. PENALTY.] § 4. Any person found guilty of a violation of said first section shall be fined by the justice before whom the complaint may be made, as provided for in the second section, in the sum of not less than 10 nor more than $50 for the first offense, and for the second or any subsequent offense such fine may be increased to an amount not exceeding $100.

5. PEOPLE PLAINTIFF-EXECUTION, ETC.] § 5. All suits commenced under this act shall be in the name of the People of the State of Illinois, and when any judgment is rendered against any person or persons, offending against the first section of this act, execution shall issue on such judgment, and the sheriff or constable to whom the same may be directed shall pay all moneys collected on such execution to the county superintendent of schools of the county wherein such

offense is committed and such judgment rendered, when the same shall form part of the common school fund of such county.

6. CAPIAS COMMITMENT.] § 6. For the purpose of enforcing the provisions of this act it is hereby declared that any execution issued as provided for in the last preceding section, and if returned "not satisfied," the justice issuing the same, and in case of his death or absence from the place, any other nearest justice of the peace in such county, shall issue his warrant to the constable or sheriff of such county commanding him to take, carry and deliver the person or persons against whom such execution may have issued, to the jailer of such county, who shall receive such person or persons into his custody and commit him or them to the common jail of such county for a period of not less than ten uor more than sixty days, as the justice shall, in his warrant, direct, and any person so committed to jail may be discharged at any time during such confinement on his payment to the officer to whom the execution was delivered, as provided in the fifth section of this act, the amount of his fine and the costs of his arrest and detention, which money shall be paid by such constable or sheriff, in the same manner as though it had been paid before such arrest and imprisonment.

7. EXCEPTIONS.] 7. Nothing in this act shall be so construed as to prevent any person from erecting any dam, according to law, across any water course in this state, for the purpose of navigation, running mills or other machinery.

AN ACT to secure the free passage of fish in all the waters of this state. [Approved March 25, 1874. In force July 1, 1874.]

S. FISH WAYS.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be the duty of any person or persons who may hereafter erect any dam or other obstruction across any of the rivers, creeks, streams, ponds, lakes, sloughs, bayous, or other water courses within this state, to place therein suitable fish ways, in order that the free passage of fish up or down through such waters may not be obstructed. And any person failing to provide such fish ways, shall be subject to a fine not exceeding $200, to be recovered before any justice of the peace in the county or counties where such dam or obstruction may be placed: Provided, that this act shall not apply to streams, ponds, lakes, sloughs or bayous that may be obstructed or closed by work or works done under the act of July 1st, 1871, entitled "An act to provide for the construction and protection of drains, ditches, levees and other works.

9. DISPOSITION OF FINES.] § 2. All fines recovered under this act, shall go into the general school fund of the county wherein such fines may be inflicted.

1. FORCIBLE ENTRY FORBIDDEN.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no person shall make an entry into lands or tenements except in cases where entry is allowed by law, and in such cases he shall not enter with force, but in a peaceable manner. [L. 1871-2, p. 458, § 1.

2. WHEN ACTION MAY BE MAINTAINED.] § 2. The person entitled to the possession of lands or tenements, may be restored thereto in the manner hereinafter provided:

First-When a forcible entry is made thereon.

Second-When a peaceable entry is made and the possession unlawfully with

held.

Third-When entry is made into vacant or unoccupied lands or tenements without right or title.

Fourth-When any lessee of the lands or tenements, or any person holding under him, holds possession without right after the determination of the lease or tenancy by its own limitation, condition or terms, or by notice to quit or otherwise. [See "Landlord and Tenant," ch. 80.

Fifth-When a vendee having obtained possession under a written or verbal agreement to purchase lands or tenements, and having failed to comply with his agreement, withholds possession thereof after demand in writing by the person entitled to such possession.

Sixth-When land has been sold under the judgment or decree of any court in this state, or by virtue of any sale made under any power of sale in any mortgage or deed of trust contained, and the party to such judgment or decree or to such mortgage or deed of trust, after the expiration of the time of redemption, when redemption is allowed by law, refuses or neglects to surrender possession thereof after demand in writing by the person entitled thereto, or his agent. [R. S. 1845, p. 256, §1; L. 1865, p. 108, § 4; L. 1861, p. 176, § 1; L. 1871-2, p. 458, § 2. 3. DEMAND-RETURN-FORM. § 3. The demand required by the preceding section may be made by delivering a copy thereof to the tenant, or by leaving such a copy with some person above the age of twelve years, residing on, or being in charge of, the premises; or in case no one is in the actual possession of

the premises, then by posting the same on the premises. When any such demand is made by an officer authorized to serve process, his return shall be prima facie evidence of the facts therein stated, and if such demand is made by any person not an officer, the return may be sworn to by the person serving the same, and shall then be prima facie evidence of the facts therein stated. Which demand for possession may be in the following form:

To....

I hereby demand immediate possession of the following described premises: (describing the same). Which demand shall be signed by the person claiming such possession, his agent or attorney.

4. GROWING CROPS.] § 4. In case of forfeiture under contract of purchase, the purchaser shall be entitled to cultivate and gather the crops, if any, planted by him and grown or growing on the premises at the time of the commencement of the suit, and shall have the right to enter for the purpose of removing such crops, first paying or tendering to the party entitled to the possession a reasonable compensation for such use of the land before removing such crops. [L. 1861, p. 176, § 1; L. 1871-2, p. 458, § 3.

5. COMPLAINT-SUMMONS.] § 5. On complaint in writing by the party or parties entitled to the possession of such premises being filed in any court of record, or with any justice of the peace in the county where such premises are situated, stating that such party is entitled to the possession of such premises (describing the same with reasonable certainty), and that the defendant (naming him) unlawfully withholds the possession thereof from him or them, the clerk of such court or such justice of the peace shall issue a summons directed to the sheriff or any constable of his county to execute; which summons, when issued by a justice of the peace, may be substantially in the following form: STATE OF ILLINOIS, 88. County of

The People of the State of Illinois, to the Sheriff or any Constable of said county-GREETING:
You are hereby commanded to summon..

at.

to appear before........ ......, on the... day of. A. D......., at... o'clock, M., to answer the complaint of wherefore he unlawfully withholds from him the possession of certain premises in said county (describing the premises,) and hereof make due return, as the law directs. Given under my hand this ......... A. D. 18..

........

day of

[R. S. 1845, p. 257, § 2; L. 1871-2, p. 458, § 4.

6. SUMMONS FROM COURT OF RECORD.] § 6. When a summons is issued out of a court of record, it may be in like form as other summons issued out of such

court.

7. SUMMOMS BY JUSTICE-RETURNABLE.] § 7. When the summons is issued by justice of the peace, it shall specify a certain place, day and hour for the trial, not less than five nor more than fifteen days from the date of the summons. [R. S. 1845, p. 257, § 2; L. 1871-2, p. 459, § 5.

8. SUMMONS FROM COURT RETURNABLE.] § 8. When the summons is issued out of a court of record, the summons shall be made returnable on the first day of the next succeeding term of said court, and if not served ten days before the first day of the next term, the cause shall be continued to the next term of court.

9. SERVICE OF SUMMONS-PUBLICATION, ETC.] § 9. Service of summons shall be made by delivering a copy thereof to the defendant, or by leaving such copy at his usual place of abode, with some person of the family of the age of twelve years or upwards, and informing such person of the contents thereof. The manner of the service, and the date thereof, shall be indorsed on the back of said summons by the officer serving the same. When service cannot be had as provided in this section, and it shall appear by affidavit or the return of the officer that the defendant is not a resident of this state, or has departed from this state, or on due inquiry cannot be found, or is concealed within this state so that process cannot be served upon him, then, if the suit is in a court of record, service may be had by notice as in case of attachment in courts of record, or if the suit is before a justice of the peace, by notice as in case of attachment before justices of the peace. [See "Attachments," ch. 11, § 22, 50. R. S. 1845, p. 257, § 2; L. 1871-2, p. 459, § 6.

10. TRIAL BY JURY BEFORE JUSTICES.] § 10. In trials under this act before justices of the peace, either party may have the case tried by a jury, if he shall so determine before the trial is entered upon, and will first advance the fees of the jurors. The number of the jurors shall be six, or any greater number not exceeding twelve, as either party may desire. [L. 1865, p. 107, § 1; L. 1871–2, p. 459, § 7.

11. TRIAL IN COURT OF RECORD-PLEADING.] § 11. Trials under this act in courts of record, shall be the same as in other cases at law in such courts: Provided, no special pleading shall be required, but the defendant may, under the plea of "not guilty," give in evidence any matter in defense of the action.

12. TRIAL EX PARTE.] § 12. If the defendant does not appear, (having been duly summoned as herein provided) the trial may proceed ex parte, and may be tried by the justice of the peace or judge of the court, without the intervention of a jury. [R. S. 1845, p. 257, § 3; L. 1871–2, p. 459, § 11.

13. JUDGMENT FOR WHOLE OF PREMISES.] § 13. If it shall appear on the trial that the plaintiff is entitled to the possession of the whole of the premises claimed, he shall have judgment and execution for the possession thereof and for his costs. [R. S. 1845, p. 257, § 4; L. 1871-2, p. 459, § 11.

14. JUDGMENT FOR PART OF PREMISES.] § 14. If it shall appear that the plaintiff is entitled to the possession of only a part of the premises claimed, the judgment and execution shall be for that part only and for costs, and for the residue the defendant shall be found not guilty.

15. SEVERAL TENANTS.] § 15. Whenever there shall have been one lease for the whole of certain premises, and the actual possession thereof, at the commencement of the suit, shall be divided in severalty among persons with, or other than the lessee, in one or more portions or parcels, separately or severally held or occupied, all or so many of such persons, with the lessee, as the plaintiff may elect, may be joined as defendants in one suit, and the recovery against them, with costs, shall be several, according as their actual holdings shall respectively be found to be.

16. JUDGMENT AGAINST PLAINTIFF.] § 16. If the plaintiff is non-suited, or fails to prove his right to the possession, the defendant shall have judgment and execution for costs. [R. S. 1845, p. 257, § 4; L. 1871-2, p. 459, § 12.

17. DISMISSAL AS TO PART-JUDGMENT AS TO PART.] § 17. The plaintiff may at any time dismiss his suit as to any one or more of the defendants, and the jury or court may find any one or more of the defendants guilty, and the others not guilty, and the court shall thereupon render judgment according to such finding.

18. APPEAL-WRIT OF RESTITUTION.] § 18. If any party shall feel aggrieved by the verdict of the jury, or decision of the court, upon any trial had under this act, such party may have an appeal, to be taken to the same courts, in the same manner and tried in the same way as appeals are taken and tried in other cases: Provided, the appeal is prayed and bond is filed within five days from the rendition of the judgment, and no writ of restitution shall be issued in any case until the expiration of said five days. [R. S. 1845, p. 257, § 5; L. 1871–2, P. 459, § 14.

19. DEFENDANT'S APPEAL BOND-NEW BONDS.] § 19. If the defendant appeals, the condition of the bond shall be that he will prosecute such appeal with effect, and pay all rent then due or that may become due before the final determination of the suit, and also all damages and loss which the plaintiff may sustain by reason of the withholding of the premises in controversy, and by reason of any injury done thereto during such withholding, until the restitution of the possession thereof to the plaintiff, together with all costs that may accrue in case the judg ment from which the appeal is taken is affirmed or appeal dismissed; which said bond shall be in sufficient amount to secure such rent, damages and costs, to be ascertained and fixed by the court. And the court in which the appeal may be pending may require a new bond in a larger amount, if necessary to secure the