ARSON AND BURNING.

13. Arson. 13. Every person who shall willfully and maliciously burn or cause to be burned any dwelling-house, kitchen, office, shop, barn, stable, storehouse, warehouse, malt-house, stilling house, factory, mill, pottery or other building, the property of any other person, or any church, meeting-house, school-house, state house, court-house, workhouse, jail or other public building, or any boat or other water-craft, or any bridge of the value of $50 erected across any of the waters of this State, such person so offending shall be deemed guilty of arson, and upon conviction thereof shall be punished by imprisonment in the penitentiary for a term not less than one year nor more than twenty years; and should the life of any person be lost in consequence of any such burning, such offender shall be deemed guilty of murder, and punished accordingly.

[R. S. 1845, p. 159, § 58; Clark v. People, 1 Scam. 120.

14. To defraud insurer. § 14. Whoever willfully and maliciously burns or sets fire to, or causes to be burned or set on fire any building, or any goods, wares, merchandise or other chattels which are at the time insured against loss by fire, with intent to injure the insurer, whether such person is the owner of the property or not, shall be imprisoned in the penitentiary not less than one nor more than ten years. [L. 1859, p. 16, § 1; L. 1869, p. 360, §1; Wallace v. People, 63 Ill. 451; Staaden v. People, 82 Ill. 434; McDonald v. People, 47 Ill. 537.

15. Of other property. 15. Whoever willfully and maliciously burns or causes to be burned any barrack, cock, crib, rick or stack of hay, corn, wheat, oats, barley or other grain or vegetable product of any kind, or any pile of coal, wood or other fuel, or any pile of boards, plank, posts, rails or other lumber, or any personal property whatever, of another, shall be imprisoned in the penitentiary not less than one nor more than six years.

[R. S. 1845, P. 179, § 156; L. 1867, p. 158, § 1; Creed v. People, 81 Ill. 565; Parris v. People, 76 Ill. 274.

16. Attempt to commit. 16. Whoever willfully or maliciously sets fire to, or attempts to set fire to any of the buildings or other property mentioned in sections 13 and 15 above, with intent to burn or destroy the same, shall be imprisoned in the penitentiary not exceeding two years, and fined not exceeding $5,000. [R. S. 1845, p. 160, § 59.

17. Of one's own property. 17. If the owner, lessee or occupant of any of the buildings or property mentioned in sections 13 and 15 of this act, sets fire or attempts to set fire to or burn the same, with intent to set on fire or burn the building or property of another, he shall be deemed guilty as if the property so set on fire, or attempted to be set on fire to or burned, were owned or occupied by another. [L. 1859, p. 16, § I.

18. Of woods, prairies and other grounds. 18. If any person shall, at any time hereafter, willfully and intentionally or negli gently and carelessly set on fire, or cause to be set on fire any woods, prairies or other grounds whatsoever, he shall be fined not less than $5

nor more than $100; Provided, this section shall not extend to any person who shall set on fire or cause to be set on fire any woods or prairies adjoining his own farm, plantation or inclosure, for the necessary preservation thereof from accident by fire, between the last day of November and the first day of March, by giving to his neighbors and the owner or occupant of such land, and any person likely to be affected thereby, two days' notice of such intention; Provided, also, this section shall not be construed to take away any civil remedy which any person may be entitled to for any injury which may be done or received in consequence of any such firing.

[R. S. 1845, P. 179, § 158; Burton v. McClellan, 2 Scam. 434.

19. Indictment. § 19. In any indictment for the setting fire to or burning, or attempting to set fire to or burn any building, if the building was occupied, it shall be sufficient to allege the building to be the property of the owner, lessee or occupant thereof; if unoccupied, to [* 355] allege simply that such building was at such time unoccupied, giving a description thereof in general terms. [L. 1869, p. 360, § 2.

ASSAULT, AND ASSAULT AND BATTERY.

20. Assault. § 20. An assault is an unlawful attempt, coupled with a present ability, to commit a violent injury on the person of another. [R. S. 1845. p. 158, § 51.

21. Assault and battery. § 21. Assault and battery is unlawful beating of another.

[R. S. 1845, P. 159, § 53; Abt v. Burgheim, 80 Ill. 92; Sorgenfier v. Schroeder, 75 Ill. 398

22. Punishment. § 22. Whoever shall be guilty of an assault or an assault and battery, shall be fined not less than $3 nor more than $100. [R. S. 1845. p. 329, 95.

[Phillips v. City of Springfield, 39 Ill. 86; Boren v. Bartleson, 39 Ill. 45; Severin v. People, 37 Ill. 414; Petersburgh v. Metzker, 21 Ill. 205; Amboy v. Sleeper, 31 Ill.

499.

23. Assault with intent. § 23. An assault with an intent to commit murder, rape, mayhem, robbery, larceny, or other felony, shall subject the offender to imprisonment in the penitentiary for a term not less than one year nor more than fourteen years. [R. S. 1845, p. 159. $ 52.

[Curtis v. People, 1 Scam. 288; Fairlee v. People, 11 Ill. 5; Perry v. People, 14 Il'. 439; Beckwith v. Feople, 26 Ill. 500; Nixon v. People, 2 Scam. 267; Connolly v. People, 3 Scam, 474; Carpenter v. People, 4 Scam. 197; Gill v. People, 42 I 323; Hopkinson v. People, 18 Ill. 264; Vandermark v. People, 47 Ill. 123; Tarplay v. People, 42 Ill. 340; Sharp v. People, 29 Ill. 464; Curtis v. People, Breese, 256.

24. With intent to murder. 24. Whoever attempts to commit murder by poisoning, drowning, strangling or suffocating another, or by any means, shall be guilty of the crime of assault with intent to murder, and punished accoringly.

25. With deadly weapon. § 25. An assault with a deadly weapon, instrument or other thing, with an intent to inflict upon the person of another a bodily injury, where no considerable provocation appears, or where the circumstances of the assault show an abandoned or malignant

heart, shall subject the offender to a fine not exceeding $1,000 nor less than $25, or imprisonment in the county jail for a period not exceeding one year, or both, in the discretion of the court.

[R. S. 1845, P 59, 152: L. 1859, p. 153, § 1; Allen v. People, 82 Ill. 611; Baker v. People, 49 Ill. 308; Connaghan v. People, 88 I'll. 461.

BANK OFFICERS AND BROKERS-FRAUDS BY.

AN ACT for the protection of bank depositors. Approved June 4, 1879. In force July 1, 1879. L. 1879, p. 113.)

*25a. Bank officer, brokers, etc., receiving deposit after insolvency. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if any banker or broker, or person or persons doing a banking business, or any officer of any banking company, or incorporated bank doing business in this State, shall receive from any person or persons, firm, company or corporation, or from any agent thereof, not indebted to said banker, broker, banking company or incorporated bank, any money, check, draft, bill of exchange, stocks, bonds, or other valuable thing which is transferable by delivery, when at the time of receiving such deposit, said banker, broker, banking company or incorporated bank is insolvent, whereby the deposit so made shall be lost to the depositor, said banker, broker, or officer, so receiving such deposit, shall be deemed guilty of embezzlement, and upon conviction thereof, shall be fined, in a sum double the amount of the sum so embezzled and fraudulently taken, and in addition thereto, may be imprisoned in the State penitentiary, not less than one nor more than three years. The failure, suspension, or involuntary liquidation of the banker, broker, banking company, or incorporated bank, within thirty days from and after the time of receiving such deposit, shall be prima facie evidence of an intent to defraud, on the part of such banker, broker or officer of such banking company or incorporated bank.

*25b. Appropriating money, bonds, etc., to private use, larceny. 2. If any banker or broker, or person or persons doing a banking business or his agent or servant, or any officer, agent or servant, of any banking company or incorporated bank, shall fraudulently convert to his own private use, any bullion, money, note, bills, bond, draft, bill of exchange, or other property deposited with him, or with such banking company or incorporated bank, he or they shall be deemed guilty of larceny, and upon conviction thereof shall be liable to the pains and penalties in such cases made and provided for by the statutes of this State.

*25c. Savings bank not to loan to bank officers. § 3. It shall not be lawful for any savings bank, to loan any deposit or trust fund to any officer or officers of such savings bank, and any savings bank so loaning shall upon proof thereof, if organized under the laws of this State, be considered to have forfeited its chartered rights and franchise, or liable to a fine of twice the amount so loaned at the discretion of the court before which such case may be brought, and the officer or officers receiving such deposit or trust fund, shall be deemed guilty of having.

obtained the same under false pretenses, and shall be punished therefor according to law.

*25d. Savings bank not to become liable as guarantor, etc. 4. It shall not be lawful for any savings bank, individual or individuals doing banking business, banking company, or incorporated bank receiving savings deposit, or deposit of trust funds, to assume the payment of, or to become liable for, or to guarantee to pay the principal of, or interest on, any bonds, notes or other evidence of indebtedness of, for, or on account of any person or persons, company or incorporation; and in any assumption, liability or guarantee, whereby such deposits or trust funds could be jeopardized or impaired shall be null and void.

BARRATRY AND MAINTENANCE.

26. Barratry. 26. If any person shall wickedly and willfully excite and stir up any suits or quarrels between the people of this State, either at law or otherwise, with a view to promote strife and contention, he shall be deemed guilty of common barratry, and shall be fined not exceeding $100; and if he be an attorney or counselor at law, he shall be suspended from the practice of his profession, for any time not exceeding six months. [R. S. 1845, p. 170, 107.

27. Maintenance. 27. If any person should officiously intermeddle in any suit at common law or in chancery that in nowise belongs to or concerns such person, by maintaining or assisting either party, with money or otherwise, to prosecute or defend such suit, with a view to promote litigation, he shall be deemed guilty of maintenance, and upon conviction thereof, shall be fined and punished as in cases of common barratry; Provided, that it shall not be considered maintenance for a man to maintain the suit of his kinsman or servant, or any poor person out of charity.

[R. S. 1845, p. 170, § 108; Norton v. Tuttle, 60 Ill. 134; Thompson v. Reynolds, 73 Ill. 11.

BIGAMY.

28. Punishment. § 28. Whoever, having a former husband or wife living, marries another person, or continues to cohabit with such second husband or wife in this State, shall be deemed guilty of bigamy, and be imprisoned in the penitentiary not less than one nor more than five years, and fined not exceeding $1,000; Provided, nothing herein contained shall extend to any person whose husband or wife shall have been continually absent from such person for the space of five years together, prior to said second marriage, and he or she not knowing such husband or wife to be living within that time. Also, nothing herein contained shall extend to any person that is, or shall be at the time of [*356] such second marriage, divorced by lawful authority from the bands of such former marriage, or to any person where the former marriage hath been, by lawful authority, declared void.

[R. S. 1845, P. 173, § 121'; Jackson v. People, 2 Scam. 232.

29. Proof and venue. § 29. It shall not be necessary to prove either of the marriages by the register or certificate thereof, or other

record evidence; but the same may be proved by such evidence as is admissible to prove a marriage in other cases. The offense may be alleged to have been committed, and the trial may take place in the county where cohabitation shall have occurred.

[R. S. 1845, P. 173, § 121; Jackson v. People, 2 Scam, 232; Miner v. People, 58 Ill. 60; Bergen v. People, 17 Ill. 426.

30. Marrying a bigamist. § 30. If any man or woman being unmarried shall knowingly marry the husband or wife of another, or continue to cohabit with such husband or wife in this State, such man or woman shall be fined not more than $500, or confined in the county jail not exceeding one year, or both, in the discretion of the court. [R. S. 1845, p. 173, § 122; Cook v. Shipman, 24 Ill. 51, 316, 616.

BRIBERY.

31. Punishment. § 31. Whoever corruptly, directly or indirectly, gives any money or other bribe, present, reward, promise, contract, obligation or security for the payment of any money, present, reward or any other thing, to any judge, justice of the peace, sheriff, coroner, clerk, constable, jailer, attorney-general, State's attorney, county attorney, member of the general assembly, or other officer ministerial or judicial, or to any legislative, executive or other officer of any incorporated city, town or village, or any officer elected or appointed by virtue of any law of this State, after his election or appointment, either before or after he is qualified, with intent to influence his act, vote, opinion, decision or judgment on any matter, question, cause or proceeding which may be then pending, or may by law come or be brought before him, in his official capacity, or to cause him to execute any of the powers in him vested. or to perform any duty of him required, with partiality or favor, of otherwise than is required by law, or in consideration that such officer being authorized in the line of his duty to contract for any advertising, or for the furnishing of any labor or material, shall directly or indirectly arrange to receive, or shall receive, or shall withhold from the parties so contracted with, any portion of the contract price, whether that price be fixed by law or by agreement, or in consideration that such officer hath nominated or appointed any person to any office, or exercise any power in him vested, or performed any duty of him required, with partiality or favor, or otherwise contrary to law, the person so giving, and the officer so receiving any money, bribe, present, reward, promise, contract, obligation or security, with intent or for the purpose or consideration aforesaid, shall be deemed guilty of bribery, and shall be punished by confinement in the penitentiary for a term not less than one year nor more than five years. [See "Cities," etc., ch. 24, § 79; "Officers," ch. 102, SS 3. 4; R. S. 1845, p. 166, § 85, 86.

32. Offering to give or receive. 32. Every person who shall offer or attempt to bribe any member of the general assembly, judge, justice of the peace, sheriff, coroner, clerk, constable, jailer, attorney-general, State's attorney or other officer, ministerial or judicial, or any legislative, executive or other officer of any incorporated city, town or village, or any officer elected or appointed by virtue of any law