in or wantonly destroyed, or by him, her or them caused to be so filled, bought, sold, used, trafficked in or wantonly destroyed, together with the costs of suit for the first offense, and $10 for each and every cask, barrel, keg and box, $1 for each and every bottle so filled, bought, sold, used, trafficked in or wantonly destroyed, or caused to be so filled, bought, sold, used, trafficked in or wantonly destroyed, together with the costs of suit, for each subsequent offense.

3. Evidence-penalty. § 3. The using by any other person than the rightful owner thereof, without such written permission, of any such cask, barrel, keg, bottle or box, for the sale therein of ale, porter, lager beer, soda, mineral water or other beverage, or any other article of merchandise, medicine, compound or preparation, [*1085] or to be furnished to customers, or the buying, selling or trafficking in any such barrel, cask, keg, bottle or box, by any person other than the owner, without such written permission, or the fact that any junk dealer or dealer in casks, barrels, kegs, bottles or boxes shall have in his or her possession any such cask, barrel, keg, bottle or box so marked or stamped and registered as aforesaid, without such written permission, shall and is hereby declared to be prima facie evidence that such use, buying, selling, trafficking in or possession is unlawful, within the meaning of this act; and any person or persons found guilty of any such use, buying, selling, trafficking in or having in possession any such cask, barrel, keg, box or bottle, without such written permission, shall be liable to be arrested and fined, as provided in the second section of this act; and it is hereby declared to be the duty of any justice of the peace or police magistrate within this State, upon oath having been made in writing before him by any owner, or by the agent of any owner or owners, that any person has violated any of the provisions of this act, to immediately issue his warrant and cause such person or persons so accused to be brought before him, and proceed to try such accused party, as in cases of assault and battery; and in case such accused party shall be found guilty of having violated any of the provisions of this act, shall assess the fine as provided in the second section of this act; such fine and costs to be collected as provided by law in other cases of misdemeanor.

4. Search warrant. §4. In case the owner or owners of any cask, barrel, keg, bottle or box so marked, stamped and registered as aforesaid, shall, in person or by agent, make oath in writing, before any justice of the peace or police magistrate, that he has reason to believe and does believe that any manufacturer or bottler of ale, porter, lager beer, soda, mineral water or other beverage, or any other person, is using in any manner, by this act declared to be unlawful, any of the casks, barrels, kegs, bottles or boxes, of such person or his principal, or that any junk dealer or dealer in casks, barrels, kegs, bottles or boxes, or any other dealer, manufacturer or bottler has any such cask, barrel, keg, bottle or box secreted in, about or upon his, her or their premises, the said justice of the peace or police magistrate shall issue his search warrant and cause the premises designated to be searched, as in other cases where search warrants are issued, as is now provided by law; and in case any such cask, barrel, keg, bottle or box, duly marked or stamped and registered as aforesaid, shall be found in, upon or about the premises

so designated, the officer executing such search warrant shall thereupon arrest the person or persons named in such search warrant and bring him, her or them before the justice of the peace or police magistrate who issued such warrant, who shall thereupon hear and determine such case, and if the accused is found guilty, he, she or they shall be fined as provided in the second section of this act. [See " Criminal Code," ch. 38, p. 521, $ 372-380.

5. Costs-disposition of fines. 5. All costs incurred in the enforcement of the provisions of this act shall be assessed and collected in the same manner as in criminal cases, and all fines collected by virtue of this act shall be turned over by the justice of the peace or police magistrate collecting the same, in the same manner and for the same purpose as fines in cases of assault and battery are now by law disposed of. [See "Schools," ch. 122, § 82.

AN ACT providing for the trial of the right of property and claims of exemption in the county court." [Approved April 9, 1875. In force July 1, 1875. L. 1875, p. 69]

*1. Proceedings for. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever an execution or writ of attachment, issued from any court of record, shall be levied by any sheriff or coroner upon any personal property, and such property shall be claimed by any person other than the defendant in such execution or attachment, or shall be claimed by the defendant in execu tion or attachment as exempt from execution or attachment by virtue of the exemption laws of the State, by giving to the sheriff or coroner notice, in writing, of his claim, and intention to prosecute the same, it shall be the duty of such sheriff or coroner to notify the judge of the county court of such claim.

*2. Trial in county court. § 2. The judge of the county court shall thereupon cause the proceeding to be entered on the docket of the county court, and the claimant shall be made plaintiff in the proceeding before the county court, and the plaintiff in the execution or attachment shall be made defendant in such proceeding.

*3. Notice. 3. The clerk of the county court shall thereupon issue a notice, directed to the plaintiff in the execution or attachment, notifying him of such claim, and of the time and place of trial, which time shall be not more than ten days nor less than five days from the date of such notice.

*4. Service of notice-continuance. § 4. Such notice shall be served by the sheriff or coroner of any county where the plaintiff in execution or attachment may be found, in like manner as summonses in chancery are served, at least five days before the day of trial; and if such notice shall be served less than five days before the day of trial, the trial shall, on demand of either party, be continued for a period not exceeding ten days.

*5. Notice by publication. § 5. In case the sheriff or coroner shall make return on such notice that the plaintiff in the execution or attachment cannot be found, the proceeding shall be continued for a period not exceeding ninety days, and the plaintiff in the execution or attachment shall be notified of such proceeding by publication, in like manner as non-resident defendants are notified in chancery cases.

*3. Entering appearance. § 6. If the plaintiff in the execution or attachment, or his attorney, shall, at least five days before the day of trial, file with the clerk of the county court a paper entering his appearance in such proceeding, then it shall not be necessary to notify such plaintiff as above provided.

*7. Trial-pleadings-jury. 7. The trial shall be had without written pleadings, before the county judge, in the same manner as other trials before the county court, and may be by a jury if either party demand one.

*8. Trial by jury. § 8. If a jury shall be demanded by either party, the judge shall direct the county clerk to issue a venire for twelve competent jurors, unless the parties to such proceeding shall elect to have the same tried by six jurors, and deliver the same to the sheriff or coroner, who shall summon such jurors from the body of the county to be and appear before such court at the time set for the return of such venire; and if, by reason of non-attendance, challenge or otherwise, said jury shall not be full, the panel may be filled by talesmen. Said court shall have the same power to compel the attendance of jurors and witnesses as the circuit court has, and shall be governed by the same rules in impaneling a jury.

*9. Subpenas for witnesses. §9. The county clerk shall issue subpenas for witnesses on the demand of either party.

*10. Judgment-exempt property-costs. § 10. In case the property shall appear to belong to the claimant when the claimant is any person other than the defendant in execution or attachment, or in case the property shall be found to be exempt from execution or attachment, when the claimant is the defendant in the execution or attachment, judgment shall be entered against the plaintiff in the execution or attachment for the costs and the property levied on shall be released. If it shall appear that the property does not belong to the claimant, or is not exempt from execution or attachment, as the case may be, judgment shall be entered against

the claimant for costs, and an order shall be made that the sheriff or cor. oner proceed to sell the property levied on.

*11. Appeal-bond-trial de novo. § 11. An appeal may be taken to the circuit court, as in other cases: Provided, the same is prayed on the day of the entering of judgment, and the bond shall be given within five days from the time of entering judgment, and the trial in the circuit court shall be de novo.

*12. Judgment-indemnity. 12. The judgment in such cases shall be a complete indemnity to the sheriff or coroner in selling or restoring any such property, as the case may be.

*13. Apportionment of costs-fees. § 13. If the judgment shall be for the claimant as to part of the property, and for the plaintiff in execution or attachment as to part, then the court shall apportion the costs in his discretion; and the sheriff, coroner and county clerk shall have the same fees as are allowed by law for similar services,

AN ACT to provide for the sale of personal property by common carriers, warehousemen and inn-keepers, and by others having liens thereon. [Approved March 28, 1874. In force July 1, 1874. As amended by act approved May 13, 1879. la force July 1, 1879. L. 1879, p. 317.]

*1. Sale of unclaimed property. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever any trunk, carpet-bag, valise, bundle, package or article of property transported or coming into the possession of any railroad or express company, or any other common carrier, or innkeeper or warehouseman, or private warehousekeeper, in the course of its or his business as common carrier, innkeeper, warehouseman or private warehousekeeper shall remain unclaimed, and the legal charges thereon unpaid during the space of six months after its arrival at the point to which it shall have been directed, and the owner or person to whom the same is consigned cannot be found upon diligent inquiry, or being found and notified of the arrival of such article, shall refuse or neglect to receive the same and pay the legal charges thereon for the space of three months, it shall be lawful for such common carrier, innkeeper, warehouseman or private warehouse-keeper to sell such article at public auction, after giving the owner or consignee fifteen days' notice of the time and place of sale, through the post-office, and by advertising in a newspaper published in the county where such sale is made, and out of the proceeds of such sale to pay all legal charges on such article, and the overplus, if any, shall be paid to the owner or the consignee upon demand [As amended by act approved June 18, 1883. In force July 1, 1883. L. 1883, p. 175.

2. Perishable property. § 2. Perishable property which has been transported to destination, and the owner, or consignee, notified of its arrival, or being notified, refuses or neglects to receive the same and pay the legal charges thereon, or if upon diligent inquiry the consignee cannot be found, such carrier may, in the exercise of a reasonable discretion, sell the same at public or private sale without advertising, and the proceeds, after deducting the freight and charges and expenses of sale, shall be paid to the owner or consignee upon demand.

[Bissel v. Price, 16 Ill. 408; G. & C.U. R. Co. v. Rae, 18 Ill. 488; A. M.U. Ex. Co. v. Schier, 55 Ill. 149.

3. Sale of property-notice. § 3. All persons other than common carriers having a lien on personal property, by virtue of an act entitled An act to revise the laws of liens," approved March 25th, 1874, may enforce said lien by a sale of said property, on giving to the owner thereof, if he and his residence be known to the person having such lien, ten (10) days notice, in writing of the time and place of such sale, and if said owner or his place of residence be unknown to the person having such lien, then upon his filing his affidavit to that effect with the clerk of the county court in the county where said property is situated; notice of said sale may be given by publishing the same once in each week for three (3) successive weeks in some newspaper of general circulation published in said county, and out of the proceeds of said sale all costs and charges for advertising and making the same, and the amount of said lien shall be paid, and the surplus, if any, shall be paid to the owner of said property. [As amended by act approved May 13, 1879. In force July 1, 1879. L. 1879, p. 317.

4. Repeal. 4. The act with above title, approved April 10, 1872, is hereby repealed.

AN ACT to enable boards of underwriters incorporated by or under the laws of the State of Illinois, to establish and maintain a fire patrol. [Approved March 28, 1874. In force July 1, 1874.1

1. Board of underwriters may establish patrol-powers of patrol. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That boards of underwriters incorporated by or under the laws of the State of Illinois, shall have power