erty destroyed by any of the persons engaged in such conspiracy, or by any one who may participate with them in the unlawful design and purpose, in furtherance of the object of such conspiracy, then all persons who may have conspired together as aforesaid, together with all persons who may actively participate in carrying into effect their common design, shall be deemed guilty of the crime committed by any one or more of such persons so conspiring or acting with such conspirators in the common design, and shall be punished accordingly, notwithstanding the time and place for the bringing about such revolution or overthrowing of public order, or the destruction or overcoming of such authorities had not been definitely agreed upon by such conspirators, but was left to the exigencies of the time, or the judgment of the coconspirators or some one or more of them.

46d. What necessary to establish a conspiracy. § 4. Hereafter it shall not be necessary, in order to establish a conspiracy as aforesaid, to prove that the parties charged ever came together and entered into any agreement, combination or arrangement to accomplish a criminal or unlawful purpose, but it shall be sufficient if it appear that the parties charged were actually pursuing, in concert, the unlawful purpose, whether acting separately or together, at the same or different times, by the same or different means, providing that the acts of each were knowingly tending to the same unlawful result.

46e. Not repeal any prior law. § 5. Nothing in this act contained shall be construed as repealing by implication or otherwise any law now in force in this State.

*46f. Against the people, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That if two or more persons conspire either to commit any offense against the State of Illinois, or any county, incorporated city, village, town or township thereof, or to defraud the State of Illinois, or any county, incorporated city, village, town or township thereof, in any manner, or for any purpose, and one or more of such parties do any act to effect the object of the conspiracy, all parties to such conspiracy shall be liable to a penalty of not less than one hundred dollars, and not more than five thousand dollars, and to be imprisoned either in the penitentiary or county jail for any period not exceeding two years. The time and place of confinement and the amount of the fine to be determined by the jury trying

the cause, Provided, however, this act shall not be construed to modify or repeal any other law now in force in this State.*

CRIME AGAINST NATURE.

47. Punishment. § 47. The infamous crime against nature, either with man or beast, shall subject the offender to be pun

ished by imprisonment in the penitentiary for a term not more [*359]

than ten years. [R. S. 1845. p. 158, § 50.

48. Emission. § 48. It shall not be necessary to prove emission, to convict any person of the crime against nature. [R. S. 1845, p. 158, $ 49.

CRIMINAL CARELESSNESS.

49. Of common carrier. § 49. Whoever, having personal managcment or control of or over any steamboat, or other public conveyance used for the common carriage of persons, is guilty of gross carelessness or neglect in, or in relation to, the conduct, management or control of such steamboat, or other public conveyance, while being so used, for the common carriage of persons, whereby the safety of any person shall be endangered, shall be imprisoned in the penitentiary not exceeding three years, or fined not exceeding $5,000.

[C. B. & Q. R. R. Co. v. Triplett, 38 Ill. 486.

CRUELTY.

50. Cruelty to animals. $ 50. Whoever shall be guilty of cruelty to any animal in any of the ways mentioned in this section, shall be fined not less than $3 nor more than $200, viz. :

First.- By overloading, overdriving, overworking, cruelly beating, torturing, tormenting, mutilating, or cruelly killing any animal, or causing or knowingly allowing the same to be done.

Second. By cruelly working any old, maimed, infirm, sick or disabled animal, or causing, or knowingly allowing the same to be done.

--

Third. By unnecessarily failing to provide any animal in his charge or custody, as owner or otherwise, with proper food, drink and shelter. Fourth. By abandoning any old, maimed, infirm, sick or disabled animal.

Fifth. — By carrying or driving, or causing to be carried or driven or kept, any animal in an unnecessarily cruel manner. [L. 1869, p. 115, SS 1, 2, 3, 4; p. 116, § 11. See Animals," ch. 8, 33-36.

51. By railroads and carriers. 51. No railroad company or other common carrier in the carrying or transportation of any cattle, sheep, swine or other animals, shall allow the same to be confined in any car more than twenty-eight consecutive hours (including the time they shall have been upon any other road), without unloading or rest, water and feeding, for at least five consecutive hours, unless delayed by storm or accident, when they shall be so fed and watered as soon after the expiration of such time as may reasonably be done. When so unloaded they shall be properly fed, watered and sheltered during such rest by the

AN ACT to define and punish conspiracies in the State of Illinois. [Approved April 19, 1877. In force July 1, 1877 Laws 1877, p. 92.]

owner, consignee or person in custody thereof, and in case of their default, then by the railroad company transporting them, at the expense of said owner, consignee or person in custody of the same; and such company shall have a lien upon the animals until the same is paid. A violation of this section shall subject the offender to a fine of not less than $3 nor more than $200. [L. 1869, p. 115, $$ 5, 6; p. 116, § 7. 52. Bull baiting, cock fighting, etc. $52. Whoever shall keep or use, or in any way be connected with or interested in the management of, or shall receive money for the admission of any person to any place kept or used for the purpose of fighting or baiting any bull, bear, dog, cock or other creature, and every person who shall engage, encourage, aid or assist therein, or who shall permit or suffer any place to be so kept or used, and every person who shall visit such place so kept or used, or who shall be found therein, shall be fined not less than $3 nor more than $200. [L. 1869, p. 116, § 12.

53. Cruelty to children and others. 53. Any person who shall willfully and unnecessarily expose to the inclemency of the weather, or shall in any other manner injure in health or limb, any child, apprentice, or other person under his legal control, shall be fined not exceeding $500, or imprisoned in the penitentiary not exceeding five years. [Fletcher v. People, 52 Ill. 396.

*53a. Unlawful employment of children. Be it enacted by the People of the State of Illinois, represented in the General Assembly, It shall be unlawful for any person having the care, custody or control of any child under the age of fourteen years, to exhibit, use or employ, or in any manner, or under any pretense, sell, apprentice, give away, let out, or otherwise dispose of any such child to any person in or for the vocation or occupation, service, or purpose of singing, playing on. musical instruments, rope or wire walking, dancing, begging or peddling, or as a gymnast, contortionist, rider or acrobat in any place whatsoever, or for any obscene, indecent or immoral purpose, exhibition or practice whatsoever, or for, or in any business, exhibition or vocation injurious to the health or dangerous to the life or limb of such child, or cause, procure or encourage any such child to engage therein. Nothing in this section contained shall apply to, or affect the employment or use of any such child as a singer or musician in any church, school or academy, or at any respectable entertainment, or the teaching or learning the science or practice of music. (a)

*53b. Unlawful to exhibit. § 2. It shall also be unlawful for any person to take, receive, hire, employ, use, exhibit, or have in custody any child under the age and for the purposes prohibited in the first section of this act. (a)

*53c. Order as to custody. § 3. When upon examination before any court or magistrate it shall appear that any child within the age previously mentioned in this act was engaged or used for or in any business, or exhibition, or vocation, or purpose prohibited in this act; and when upon the conviction of any person of a criminal assault upon a child in his or her custody, the court or magistrate before whom such

(a) ACT approved May 17, 1877. In force July 1, 1877. Laws 1877, p. 90.

conviction is had, shall deem it desirable for the welfare of such child, that the person so convicted should be deprived of its custody; thereafter such child shall be deemed to be in the custody of court, and such court or magistrate may in its discretion make such order as to the custody thereof as now is, or hereafter may be provided by law in cases of vagrant, truant, disorderly, pauper, or destitute children (b)

*53d. Endangering life or health. 4. It shall be unlawful for any person having the care or custody of any child, willfully to cause or permit the life of such child to be endangered, or the health of such child to be injured, or willfully cause or permit such child to be placed in such a situation that its life or health may be endangered. (b)

*53e. Penalty. 5. Any person convicted under the provisions of the preceding sections shall for the first offense be fined not exceeding one hundred dollars ($100) or imprisoned in the county jail not exceeding three months, or both, in the discretion of the court; and upon conviction for a second or any subsequent offense shall be fined, in any sum not exceeding five hundred dollars ($500) or imprisonment in the penitentiary for a term not exceeding two years, or both, in the discretion of the court. (b)

AN ACT to provide for the payment of fines, paid in money, upon all prosecutions for cruelty to animals or children to the support of societies for the prevention of cruelty to animals and children, or humane societies. [Approved June 23, 1885. In force July 1, 1885. L. 1885, p. .]

*53f. Fines payable to societies for prevention of cruelty, etc. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That all the fines, paid in money, imposed through the agency of any humane society or society for the prevention of cruelty to animals and children under the laws of the State of Illinois, shall, when collected, be paid into the treasury of such society, to be applied toward its support

*53g. Condition imposed. § 2. That all the fines paid in money imposed through the agency of any humane society (or society for the prevention of cruelty to animals and children) under the laws or ordinances of any city, town or village, within the State of Illinois, may, when collected, be paid into the treasury of such society. Provided, such society named in this act shall be incorporated under and by virtue of the laws of the State of Illinois.

CURRENCY UNAUTHORIZED.

54. Issuing or uttering. $54. Whoever issues or passes any note, bill, order or check, other than foreign bills of exchange, the notes [*360] or bills of the United States, or of some bank incorporated by the laws of this State, or of the United States, or of some one of the United States, or by the laws of either of the British Provinces of North America, with intent that the same shall be circulated as currency, shall be fined not less than $100 nor more than $1.000 for each offense, and shall not be permitted to collect any demand arising therefrom

[R. S. 1845, p. 175, § 136; L 1867, p. 49, § 1; Gutchins v. People, 21 Ill. 644; Cross v. People, 47 Ill. 156; Gibbons v. People, 33 Ill. 446.

DEADLY WEAPONS, see §§ 481-487.

DISORDERLY CONDUCT.

55. Punishment. 55. Whoever shall be guilty of open lewdness, disorderly conduct, or other notorious act of public indecency, tending to debauch the public morals, shall be fined not exceeding $200. [R S. 1845, p. 174,

$127.

56. Disturbing the peace. 56. Whoever willfully disturbs the peace and quiet of any neighborhood or family by loud or unusual noises, or by tumultuous or offensive carriage, threatening, traducing, quarreling, challenging to fight or fighting, or whoever shall carry concealed weapons, or in a threatening manner display any pistol, knife, slungshot, brass, steel or iron knuckles, or other deadly weapon, shall be fined not exceeding one hundred dollars. [As amended by act approved May 24, 1879. In force July 1, 1879. R. S. 1845, p. 17Ì, ? 112; Noe v. People 39 Ill. 97.

(b) Act to prevent and punish wrongs to children. [Approved May 17, 1877. In force July 1, 1877. Laws 1877, p. 90.

57. Disorderly house-ill-fame. $57. Whoever keeps or maintains a house of ill fame or place for the practice of prostitution or lewdness, or whoever patronizes the same, or lets any house, room or other premises for any such purpose, or shall keep a common, ill gōverned and disorderly house, to the encouragement of idleness, gaming, drinking, fornication or other misbehavior, shall be fined not exceeding $200. When the lessee or keeper of a dwelling-house or other building is convicted under this section, the lease or contract for letting the premises shall, at the option of the lessor, become void, and the lessor may have the like remedy to recover the possession as against a tenant holding over after the expiration of his term. And whoever shall lease to another any house, room or other premises, in whole or in part, for any of the uses or purposes finable under this section, or knowingly permits the same to be so used or occupied, shall be fined not exceeding $200, and the house or premises so leased, occupied or used shall be held liable for and may be sold for any judgment obtained under this section, but if such building or premises belongs to a minor or other person under guardianship, then the guardian or conservator and his property shall be liable instead of such ward, and his property shall be subject to be sold for the payment of said judgment.

[R. S. 1845, p. 174, § 127; Mohler v. People, 24 Ill. 26: Fant v. People, 45 Ill. 263.

58. Disturbing religious meeting. $58. Whoever, by menace, profane swearing, vulgar language, or any disorderly or unusual conduct, interrupts or disturbs any assembly of people met for the worship of God, shall be fined not exceeding $100. [R. S. 1845, p. 177, $147.

59. Disturbing camp and field meeting. § 59. Whoever, during the time of holding any camp or field meeting for religious purposes, and within one mile of the place of holding such meeting, hawks or peddles goods, wares, or merchandise, or, without the permission of the authorities having charge of such meeting, establishes any tent, booth or other place for vending provisions or refreshments, or sells or give away, or offers to sell or give away, any spirituous liquor, wine, cider or beer, or practices or engages in gaming or horse-racing, or exhibits or offers to exhibit any show or play, shall be fined not exceeding $100 for each offense; Provided, that whoever has his regular place of business within such limits is not hereby required to suspend his business. [R. S. 1845, p. 177, § 147.

60. Disturbing any school, etc. § 60. Whoever willfully interrupts or disturbs any school or other assembly of people, met for a lawful purpose, shall be fined not exceeding $100.

61. Disturbing funeral. 61. Whoever willfully interrupts or disturbs a funeral assembly or procession, shall be fined not ex. [* 361] ceeding $100.

DIVORCE.

[For act prohibiting advertising to procure divorce, see ch. 40, 8 ar.]