that the said person is guilty of the offense alleged against him, it shall be the duty of the said judge, justice or police magistrate to commit him to the jail of the county; or if the offense is bailable according to the laws of this State, to take bail for his appearance at the next circuit court to be holden in that county, except that in the county of Cook the recognizance shall be for the appearance of the accused to the next term of the criminal court of Cook county.

Examination reduced to writing - copy to court and governor. It shall be the duty of the said judge, justice or police magistrate to reduce the examination of the prisoner, and those [*544] who bring him, to writing, and to return the same to the next term of the court at which the prisoner is bound to appear, as in other cases; and [he] shall also send a copy of the examination and proceedings to the executive of this State, as soon thereafter as may be.

Governor to notify executive of other State. If, in the opinion of the executive of this State, the examination so furnished contains sufficient evidence to warrant the finding of an indictment against such person, he shall forthwith notify the executive of the State or territory where the crime is alleged to have been committed, of the proceedings which have been had against such person, and that he will deliver such person on demand, without requiring a copy of an indictment to accompany such demand.

Warrant-surrender - costs. When such demand shall be made, the executive of this State shall forthwith issue his warrant, under the seal of the State, to the sheriff of the county where the said person is committed or bailed, commanding him, upor the payment of the expense of such proceeding, to surrender him to such agent as shall be therein named, to be conveyed out of this State. If the said person

shall be out on bail, it shall be lawful for the sheriff to arrest him forthwith, anywhere within the State, and to surrender him agreeably to said warrant. [R. S. 1845, p. 262, § 4.

5. When prisoner may be discharged. 5. If the accused shall appear at the court according to the condition of his recognizance, unless he shall have been demanded by some person authorized by the warrant of the executive to receive him, the court may discharge the said recognizance, or continue it, or require a further recognizance, or commit the accused on his failing to recognize as required by the court, according to the circumstances of the case, such as the distance of the place where the offense is alleged to have been committed, the time that has intervened since the arrest, and the strength of the evidence against the accused. In no case shall the accused be held in prison or to bail longer than till the end of the second term of the circuit court after his caption, except that in the county of Cook he may be held till the end of the third term of the criminal court of Cook county after his caption. If he is not demanded within that time he shall be discharged from prison, or exonerated from his recognizance, as the case may be. [R. S. 1845, p. 262, 5.

6. Forfeiture of recognizance. § 6. If the recognizance shall be forfeited, it shall enure to the benefit of the State. [R. S. 1845, p. 262, § 6.

7. Bond for costs-proceedings on same. § 7. In all cases where complaint shall be made as aforesaid against any fugitive from justice, it shall be the duty of the judge, justice, or police magistrate, to take good and sufficient security for the payment of all costs which may accrue from the arrest and detention of such fugitive; which security shall be by bond, to the clerk of the circuit court, except that in the county of Cook the bond shall be to the clerk of the criminal court of said county, conditioned for the payment of costs as above; which bond, together with a statement of the costs which may have accrued on the examination, shall be returned to the office of the clerk of the circuit court, or criminal court of Cook county, as the case may be; and upon the determination of the proceedings against such fugitive within that county, the clerk shall issue a fee bill as in other cases, to be served on the persons named in the bond, or any of them; which fee bill shall be served and returned by the sheriff, for which he shall be allowed the same fees as are given him for serving notices. If the fees be not paid on or before the first day of the next court, nor any cause then shown why they should not be paid, the clerk may issue an execution for the same, against those parties on whom the fee bill has been served; and when the said fees are collected, shall pay over the same to the persons respectively entitled thereto. Nothing herein contained shall prevent the clerk from instituting suits on said bonds, in the ordinary mode of judicial proceedings, if he shall deem it proper. [R. S. 1845, p. 262, § 7.

[*545]

8. Fugitives from this State-warrant. 8. Whenever the executive of this State shall demand a fugitive from justice from the executive of any other State, he shall issue his warrant, under the seal of the State, to some messenger, commanding him to receive the said fugitive and convey him to the sheriff of the proper county where the offense was committed. [R. S. 1845, p. 261, § 2. 9. Manner of applying for requisition. 9. The manner of making application to the governor of this State for a requisition for the return of a fugitive from justice shall be by petition, in which shall be stated the name of the fugitive, the crime charged in the words of the statute defining the crime; the county in which the crime is alleged to have been committed, the time, as nearly as may be, when the fugitive fled, the State or territory to which he has fled, giving facts and circumstances tending to show the whereabouts of the fugitive at the time of the application. Such petition shall be verified by affidavit, and have indorsed thereon the certificate of the judge of the county court of the County in which the crime is alleged to have been committed, that the ends of justice require the return of such fugitive. Such petition shall be filed by the governor in the office of the secretary of State, to remain of record in that office. [L. 1867, p. 119, § I.

10. Copy of indictment. 10. When the application is based upon an indictment found, a copy of the indictment, certified by the clerk under the Seal of the court in which the indictment was found shall be attached to the petition.

11. Expenses. II. When the punishment of the crime shall be the confinement of the criminal in the penitentiary, the expenses shall be paid out of the State treasury, on the certificate of the governor and war

rant of the auditor; in all other cases they shall be paid out of the county treasury of the county wherein the crime is alleged to have been com mitted. The expenses shall be the fees paid to the officers of the State on whose governor the requisition is made, and not exceeding twelve cents per mile for all necessary travel in returning such fugitives. Before such accounts shall be certified by the governor, or paid by the county, they shall be verified by affidavit, and certified to by the judge of the county court of the county wherein the crime is alleged to have been committed. [L. 1867, p. 119, § 2.

12. Reward by governor. 12. If any person charged with, or convicted of treason, murder, rape, robbery, burglary, arson, larceny, forgery or counterfeiting, shall break prison, escape or flee from justice, or abscond and secrete himself, in such cases it shall be lawful for the governor, if he shall judge it necessary, to offer any reward not exceeding $200, for apprehending and delivering such person into the custody of such sheriff or other officer as he may direct. The person so apprehending and delivering any such person as aforesaid, and producing to the governor the receipt of the sheriff or other proper officer, for the body, it shall be lawful for the governor to certify the amount of such claim to the auditor, who shall issue his warrant on the treasurer for the same. [R. S. 1845, p. 263, § 8.

13. Reward by county board. 13. It shall be lawful for the county board of any county, by an order to be entered upon its records, to fix upon a sum not exceeding $1,000 as a reward to be paid to any person who shall hereafter pursue and apprehend, beyond the limits of the county where the offense shall have been committed, any person guilty of any felony or other high crime, which reward shall be paid by the county where the offense was committed, on the conviction of the criminal: Provided, nevertheless, that said reward shall not disqualify the person entitled thereto from being a witness. [L. 1847, p. 48, I.

14. Expenses allowed by county board. § 14. It shall be lawful for the county board of any county to enter an order upon their records, allowing to any person who shall have aided or assisted in the pursuit or arrest of any person suspected or accused of any felony, or other high crime, committed in their county, such reasonable sum as said county board shall deem just, to defray the expenses of the person in aiding or assisting in the pursuit or arrest of such offender [*546] in making such pursuit or arrest; which sum so allowed shall be paid out of the county treasury in the same manner that other county expenses are paid. [L. 1847. p. 48, § 2.

15. Reward for horse thief. § 15. The county boards of the respective counties may offer rewards not exceeding $1,000 each, for the pursuit, arrest, detection or conviction of any person guilty of stealing any horse, mare, colt, mule, ass, or neat cattle, or any other property exceeding $50 in value. [ [L. 1865, p. 106, § 2.

16. Fund raised by tax. 16. For the purpose of providing a fund for the payment of said rewards and disbursements, the said county boards are hereby authorized to levy a tax, annually, of such amount as to them may seem necessary, for the purpose herein contemplated; said

taxes to be levied and collected in the same manner as other taxes for County purposes are by law authorized to be levied and collected. [L. 1865, p. 106, § 3.

17. Expenses-payment from fund. § 17. When any person shall pursue any person charged with felony, for whom no reward shall have been offered, or in any case where a reward has been offered and the pursuit shall be unsuccessful, the party pursuing may make out his bill for all necessary expenses, which shall not exceed $1 for each man per day, and present the same to the county board, and it shall be the duty of the said board to allow said account (if satisfied of its correctness and propriety) and pay the same out of said fund: Provided, when a reward is paid, no expense shall be allowed, and the expenses of more than five persons shall never be paid in the same case, and only such shall be paid, in any case, as the county board shall see fit to allow. [L. 1865, p. 106, § 4. See Criminal Code," ch. 38, SS 469, 470.

AN ACT to revise and consolidate the several acts relating to the protection of game, and for the protection of deer, wild fowl and birds. [Approved May 14, 1879. In force July 1, 1879. Laws 1879, p. 173.]

P

*1. When game not to be killed. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be unlawful for any person or persons to hunt or pursue, kill or trap, net or ensnare, or otherwise destroy any wild buck, doe or fawn, or wild turkey, between the fifteenth (15) day of January and the first (1) day of September, of each and every year; or any pinnated grouse or Prairie chicken, between the first (1) day of December and the fifteenth (5) day of August of the succeeding year; or any quail or ruffed grouse between the first (1) day of January and the first (1) day of October of each and every year, or any wild goose, duck, brandt or other water fowl, between the first (1) day of May and the fifteenth (15) day of August of each and every year. And it shall further be unlawful to shoot, kill or destroy, or attempt to shoot, kill or destroy any wild goose, duck,

brandt or other wild fowl during the night time at any season of the year, or any woodcock between the first (1) day of January and the fourth day of July in each and every year. And any person so offending shall, for each and every offense, be deemed guilty of a misdemeanor, and on conviction shall be fined in any sum not less than five dollars nor more than twenty-five dollars and costs of suit, and shall stand committed to the county jail until such fine is paid: Provided, that such imprisonment shall not exceed ten days, and the killing of each bird or animal as specified herein shall be deemed a separate offense.

*2. When unlawful to buy or have in possession. § 2. It shall be unlawful for any person to buy, sell, or have in possession any of the animals, wild fowls or birds mentioned in section one of this act, at any time when the trapping, netting or ensnaring of such animals, wild fowls or birds shall be unlawful, which shall have been entrapped, netted or ensnared contrary to the provisions of this act, and any person so offending, shall, on conviction be subject to the same fines and penalties to be enforced and collected in the same manner as is provided in section one of this act.

*3. What birds not to be killed. § 3. No person shall, at any time, within this State, kill or attempt to trap, net, ensnare, destroy or kill any robin, blue-bird, swallow, martin, mosquito hawk, whippoorwill, cuckoo, wood-pecker, cat-bird, brown-thrasher, red bird, hanging bird, buzzard, sparrow, wren, humming bird, dove, goldfinch, mocking bird, bluejay, finch, thrush, lark, cherry bird, yellow bird, oriole or bobolink, nor rob or destroy the nests of such birds, or either or any of them. And any person so offending shall, on conviction, be fined the sum of five dollars for each and every bird so killed, and for each and every nest robbed or destroyed: Provided, that nothing in this section shall be construed to prevent the owner or occupant of lands from destroying any of the birds herein named on the same, when deemed necessary by him for the protection of fruits or property.

*4. Robbing nests of game birds. § 4. It shall be unlawful for any person or persons to destroy or remove from the nests of any prairie chicken, grouse or quail, wild turkey, goose or brandt, any egg or eggs of such fowl or birds, or for any person to buy, sell, have in possession, or traffic in such eggs, or willfully destroy the nest of such birds or fowls, or any or either of them. And any person so offending shall, on conviction, be fined and dealt with as specified in section three (3) of this act.

*5. Trapping birds. § 5. No person or persons shall at any time, with a trap, snare or net, take or attempt to trap, snare or net any wild turkey, prairie chicken, quail, grouse or pheasant at any time, and every person so offending shall, on conviction, be fined in a sum not less than five dollars, nor more than twenty-five dollars, and costs of suit, and shall stand committed to the county jail until such fine is paid: Provided, that such imprisonment shall not exceed fifteen days.

*6. Selling, etc., after five days. §6. No person or persons shall sell or expose for sale, or have in his or their possession, for the purpose of selling or exposing for sale, any of the animals, wild fowls or birds mentioned in section one (1) of this act, after the expiration of