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person to be committed to the jail of the county, there to be held to answer the complaint.

[As amended by act approved and in force May 29, 1879; L. 1879, P. 58; R. S. 1845, p. 85, § 1; Durham v. People, 49 Ill. 233; People v. Starr, 50 111. 52; Freeman v. l'eople, 54 Ill. 162; Mann v People, 35 Ill. 467; Maloney v. People, 38 Ill. 62; Allison v. People, 45 Íll. 37; People v. Green, 58 11. 236; Erlinger v. People, 36 Ill. 458; Chilton v.People, 66 Ill. 502.

4. Trial-county or criminal court. 4. The county or the said criminal court of such county, at its next term, shall cause an issue to be made up, whether the person charged, as aforesaid, is the real father of the child or not, which issue shall be tried by a jury. When the person charged appears and denies the charge, he shall have a right to controvert, by all legal evidence, the truth of said charge.

[R. S. 1845, p. 85, 82; as amended by act approved and in force May 29, 1879; McFarland v. People, 72 Ill. 368; cople v. Woodside, 72 Ill, 407; Davis v. People, 50 fil 199; Hauskins v People, 82 Ill. 193; Connelly v. People, 81 Ill. 379.

5. Continuance, §5.. If, at the time of such court, the woman be not delivered, or is unable to attend, the court shall order a recognizance to be taken of the person charged as aforesaid, in such an amount and with such sureties as the court may deem just, for the appearance of such person at the next court after the birth of her child; and should such mother not be able to attend at the next term after the birth of her child, the recognizance shall be continued until she is able. [R. S. 1845, p. 85, § 3.

6. Parties may testify. § 6. On the trial of every issue of bastardy, the mother and defendant shall be admitted as com[*184] petent witnesses, and their credibility shall be left to the jury. [R. S. 1845, p. 85, 84; Kelly v. People, 29 Ill. 287; People v. Wilson, 26 III. 435; People v. Christman, 66 Ill. 162; Peak v. People, 76 Ill. 290; Lewis v. People, 82 Ill. 104; McCoy v, People, 71 Ill. 112; Holcomb v. People, 79 Ill. 409; McFarland v. People, 72 Ill. 368,

7. When judgment is for defendant. 7. If, upon the trial of the issue aforesaid, the jury shall find that the child is not the child of the defendant or alleged father, then the judgment of the court shall be that he be discharged. The woman making the complaint shall pay the costs of the prosecution, and judgment shall be entered therefor, and execution may thereupon issue.

[R. S. 1845, p. 86, § 6; Allison v. People, 45 Ill. 37; People v. Noxon, 40 III. 30. 8. When judgment is against defendant. 8. In case the issue be found against the defendant or reputed father, or whenever he shall, in open court, have confessed the truth of the accusation against him, he shall be condemned by the order and judgment of the court to pay a sum of money not exceeding one hundred dollars for the first year after the birth of such child, and a sum not exceeding fifty dollars yearly, for nine years succeeding said first year, for the support, maintenance and education of such child, and shall, moreover, be adjudged to pay all the costs of the prosecution, for which costs execution shall issue as in other cases. And the said reputed father shall be required by said court to give bond with sufficient security, to be approved by the judge

of said court, for the payment of such sum of money as shall be ordered by said court, as aforesaid; which said bond shall be made payable to the people of the State of Illinois, and conditioned for the due and faithful payment of said yearly sum, in equal quarterly installments, to the clerk of said court, which bond shall be filed and preserved by the clerk of said court.

[R. S. 1845, p. 86, § 5: L. 1861, p. 171, § 1; Hauskins v. People, 82 Ill. 196; Kelly v. People, 29 Ill. 287; People v. Christman, 66 Ill. 162; Connelly v. People, 81 Ill. 379; Holcomb v. People, 79 Ill. 409; Stanley v. People, 84 Ill. 212,

9. Refusal to give security. $9. In case the defendant or reputed father shall refuse or neglect to give such security as may be ordered by the court, he shall be committed to the jail of the county, there to remain until he shall comply with such order or until otherwise discharged by due course of law.

[R. S. 1845, p. 86, § 5; Rich v. People, 66 Ill. 516.

10. The money – how used. § 10. The money, when received, shall be laid out and appropriated for the support of such child in such manner as shall be directed by the court; but when a guardian shall be appointed for such bastard, the money arising from such bond shall be paid over to such guardian. [R. S. 1845, p. 86, § 5.

11. Default of payment. II. Whenever default shall be made in the payment of a quarterly installment, or any part thereof, mentioned in the bond provided for in the foregoing section, the county judge of the county or the judge of the criminal court in Cook county, wherein such bond is filed, shall, at the request of the mother, guardian, or any other person interested in the support of such child, issue a citation to the principal and sureties in said bond, requiring them to appear on some day, in said citation mentioned, during the next term of the county court of said county for probate business, or of the said criminal court, and show cause, if any they have, why execution should not issue against them for the amount of the installment or installments due and unpaid on said bond, which said citation shall be served by any sheriff or constable of the county in which such principal or sureties reside or may be found, at least five days before the term day thereof. And if the amount due on such installment or installments shall not be paid at or before the time mentioned for showing cause as aforesaid, the said judge shall render judgment in favor of the people of the State of Illinois, against the principal and sureties who have been served with said citation, for the amount unpaid on the installment or installments due on said bond, and the costs of said proceeding; and execution shall issue from said court against the goods and chattels of the person or persons against whom said judgment shall be rendered, for the amount of said judgments and costs, to the sheriff of any county in the State where the parties to said judgment, or either of them, reside or have property subject to such execution. [L. 1861, p. 172, § 2; as amended by act approved and in force May 29, 1879. 12. Contempt - lien of judgment-emergency. $ 12. And said judge shall also have power in case of default in the payment, when due, of any installment or installments, or any part thereof, in the condition of said bond mentioned, to adjudge the reputed father of such

child guilty of contempt of said court, by reason of the non-payment as aforesaid, and to order him to be committed to the county jail of said county until the amount of said installment or installments so due shall be fully paid, together with all costs of such commitment, and in the obtaining and enforcing of said judgment and execution, as aforesaid. But the commitment of such reputed father shall not operate to stay or defeat the obtaining of judgment and the collection thereof by execution as aforesaid; Provided, that the rendition and collection of judgment, as aforesaid, shall not be construed to bar or hinder the taking of similar proceedings for the collection of subsequent installments on said bond, as they shall become due and remain unpaid. And, provided, further, that if the judge, or any other person interested in the support of such child, shall deem it necessary, in order to secure the payment or collection of such judgment, that the same should be made a lien on real estate, a transcript of said proceedings and judgment shall be made by the clerk of said court, and filed and recorded in the office of the clerk of the circuit court of said county, in the same manner and with like effect as transcripts of judgments of justices of the peace are filed and recorded, to make the same a lien on real estate, and execution and other process shall thereupon issue for the collection of said judgment as in case of other judgments in said circuit court, and the provisions of this section, as far as applicable, apply to all bonds which have heretofore been taken in pursuance of the statutes in regard to bastardy.

WHEREAS, The provisions of the statutes, giving jurisdiction in bastardy cases to county courts, are unconstitutional, so far as the county court of Cook county is concerned; therefore, an emergency exists, and this act shall be in force from and after its passage. [As amended by act approved and in force May 29, 1879. L. 1861, p. 172, § 2.

13. Custody of child. § 13. The reputed father of a bastard child shall not have the right to the custody or control of such child, if the mother is living and wishes to retain such custody and control, until after it shall have arrived at the age of ten years, unless, upon petition to the circuit court of the county in which the mother resides, it shall, on full hearing of the facts in the case, after notice to the mother, be made to appear to the judge of said court that said mother is not a suitab' person to have the control and custody of such child.

[L 1861, p. 173, 83; Wright v. Bennett, 2 Gilm. 587.

14. Child not born alive or dying. 14. If the said child should never be born alive, or being born alive should die at any time, and the fact shall be suggested upon the record of the said court, then the bond aforesaid shall from thenceforth be void. [R. S. 1845, p. 86, § 5. 15. Marriage of parents. § 15. If the mother of any bastard child, and the reputed father, shall, at any time after its birth, intermarry, the said child shall, in all respects, be deemed and held legitimate, and the bond aforesaid be void. [R. S. 1845, p. 86, § 7.

16. Limitation. 16. No prosecution under this act shall be brought after two years from the birth of the bastard child; Provided, the time any person accused shall be absent from the State shall not be computed. [R. S. 1845, p. 86, § 8.

[S17, repeal, omitted. See "Statutes," ch. 131, § 5.

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AN ACT to create a Bureau of Labor Statistics and to provide for a Board of Commissioners and Secretary. [Approved May 29, 1879. In force July 1, 1879. L. 1879, p. 61.]

*1. Board of commissioners. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be the duty of the governor, with the advice and consent of the senate, to appoint a board of commissioners of labor, to consist of five members, who shall hold office for two years, three of whom shall be manual laborers, the remaining members of the commission shall be manufacturers or employers of labor in some productive industry, and they shall meet annually on the first Monday in September, at the State Capitol, when they shall organize by electing a president from themselves and appointing a secretary who shall hold office for a term of two years or until his successor is appointed; the said secretary to have no voice in the deliberations of said board, nor to be selected from the said commissioners.

*2. Duties. § 2. The duties of such board shall be to collect, assort, systematize and present in biennial report to the general assembly, statistical details relating to all departments of labor in the State, especially in its relations to the commercial, industrial, social, educational and sanitary conditions of the laboring classes, and to the permanent prosperity of the mechanical, manufacturing and productive industry of the State.

*3. Compensation. § 3. The compensation of said commissioners shall be five dollars per day, for thirty (30) days of each annual session, and the compensation of said secretary shall be twelve hundred dollars ($1,200) per annum. The amount accruing to said commissioners to be paid to them at the expiration of their said annual session of thirty days, and the auditor of public accounts, being hereby authorized to issue his warrant on the treasury in their favor for the amount specified in this section, and the secretary shall be paid quarterly in the same manner. The auditor is further directed and authorized to draw his warrant for the actual traveling, incidental and office expenses of said commissioners and their secretary, on their vouchers sworn to by them and approved by the president of the board and the governor.

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AN ACT concerning Canada thistles. [Approved and in force March 15, 1872. L. 1871-2, p. 210.]

1. Commissioner of Canada thistles. SEC. 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That there may be appointed by the board of town auditors in counties under township organization, and by the county commissioners in counties not under township organization, for each township or election precinct, and by the city council of any city, or by the president and trustees of any town or village, as the case may be, some competent person, to be styled "Commissioner of Canada Thistles," who shall take the oath required of township or precinct officers, and shall hold his office for the term of three years, and until his successor is appointed and qualified; and he shall receive for his compensation the sum of two dollars a day, for each full day necessarily spent in the performance of his duty, to be verified by affidavit. The board of appointment may, at any time, for good cause, remove the commissioner from office, and appoint his successor, to serve the remaining portion of his time.

2. Duties of commissioner. § 2. The commissioner of Canada thistles shall diligently inquire concerning the introduction and existence of Canada thistles in his township or precinct, and if any are found growing therein he shall take charge of all such growing in the highway and on uninclosed lands, and take care that they do not go to seed, or otherwise spread; and he shall carefully seek and learn, so far as practicable, the best methods for their destruction, and he shall persistently apply, in proper time, such remedy or treatment as he shall deem best calculated to prevent their spread and to eradicate the same.

3. Treatment of thistles on inclosed lands-appeal, etc. 3. In case said thistles are found growing on inclosed lands, the commissioner shall advise with the owner, agent or occupant on their treatment, and if the said commissioner shall deem it necessary and expedient for him to fully control the same, he shall agree with the owner, agent or occupant, on the boundaries of the traet so infected which it is expedient for him to contro!, and he shall mark the same by stakes, or by fence, if thought best; and thereafter such infected tract, or so much as from time to time remains infected, shall be managed and controlled by the said commissioner, for the purpose of destroying the said thistles, and so long as it may be necessary to complete the work. In case the

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