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5. PENALTY FOR INJURING TELEGRAPHS.] § 5. Any person who shall unlaw fully and intentionally injure, molest or destroy any of said lines, posts, piers or abutments, or the materials or property belonging thereto, shall, on conviction thereof, be deemed guilty of a misdemeanor, and be punished by a fine not exceeding $500, or imprisonment in the penitentiary not exceeding one year, or both, at the discretion of the court having cognizance thereof. Prosecutions under this act shall be by indictment in any court having criminal jurisdiction. [See "Crim. Code,” ch. 38, § 197. L. 1849, p. 189, § 7.

6. REFUSAL TO RECEIVE OR TRANSMIT DISPATCHES.] § 6. If any company or person owning or operating any telegraph line in this state shall refuse to receive any dispatch from any other company or person owning or operating any telegraph line in this state, or shall refuse or willfully neglect to transmit the same in good faith, and without partiality, the company or person so offending shall forfeit all rights and franchises acquired under the laws of this state, and shall forfeit all right to transact telegraph business in this state, and may be enjoined therefrom by bill of complaint filed in any court of competent jurisdiction, and be liable to pay all damages which shall accrue, by reason of such refusal, to the company or person offering such dispatch for transmission. [L. 1849, p. 189, § 9. 7. MESSAGES SENT IN ORDER OF RECEPTION-SUPPRESSION-REVEALING CONTENTS.] 7. It shall be the duty of all persons employed in transmitting messages by telegraph, to transmit them in the order in which they are received; and any person who shall fail so to transmit a message, or who shall suppress a message, or who shall make known the contents of a message to any person other than the one to whom it is addressed, or his agent, shall be deemed guilty of a misdemeanor, and be punished by a fine not exceeding $1,000. [L. 1849, p. 189, § 11.

8. TRANSMITTING FALSEHOODS.] § 8. Whoever shall transmit or cause to be transmitted by telegraph, from any place in this state to any other place in this state or elsewhere, any falsehood, knowing the same to be such, shall be fined in any sum not exceeding $500. [L. 1861, p. 211, § 1.

9. AIDING REBELLION, RIOT, ETC.] § 9. Any person who, for the purpose of inciting or aiding rebellion, riot or insurrection in this state against the government or laws of this state or of the United States, or a hostile invasion of this state, shall transmit or cause to be transmitted by telegraph any communication whatever, shall be imprisoned in the penitentiary not exceeding ten years. [2d L. 1861, p. 21, § 2.

10. PENALTY. § 10. Any telegraph operator or person employed in any telegraph office in this state, or any other person, who shall, knowing the design thereof, deliver or cause to be delivered any communication prohibited by the preceding section of this act, to any person other than the proper officers, agents or employees of this state or the United States, shall be subject to indictment, and, on conviction, to the punishment provided in said section. [2d L. 1861, p. 21, § 3.

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AN ACT to revise the law in relation to tender. [Approved March 7, 1874. In force July 1, 1874.)

1. OF PERSONAL PROPERTY.] §1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That when any note, bond, bill or other instrument in writing is for the payment or delivery of personal property other than money, and no particular place is specified therein for such payment or delivery, the maker may tender such personal property on the day of payment or delivery, at the place where the obligee or payee resided or had his place of business at the time of the execution of the instrument. If such personal property is too ponderous to be easily moved, or the obligee or payee had not, at the time of the execution of such instrument, a known place of residence or business in the county where the maker resided, or had his place of business, then tender may be made at the place where the maker resided or had his place of business at the time of the execution of the instrument. A tender made in pursuance of this section shall be equally valid, in case the instrument is assigned, as if no assignment had been made. [R. S. 1845, p. 386, § 12.

2. EFFECT OF SUCH TENDER-PERISHABLE PROPERTY, ETC.] § 2. A legal tender of any such personal property shall discharge the maker of any such in strument from all liability thereon; and the property thus tendered shall be vested in the legal holder of the instrument, and he may maintain an action for the re covery thereof, or for damages if the possession be subsequently illegally withheld from him: Provided, however, if any such property so tendered shall be of a perishable nature, or shall require feeding or other sustentation, and the holder of such instrument be absent at the time of the tender, it shall be lawful for the person making the tender to preserve, feed and otherwise take care of the same, and he shall have a lien on such tendered property for his reasonable trouble, and the expense of feeding or sustaining such property, until payment be made, for such trouble and expense. [R. S. 1845, p. 386, § 13.

3. WHEN TENDER MADE, PLAINTIFF NOT TO RECOVER COSTS.] § 3. In all cases when a tender shall be made and full payment be offered, by discount or otherwise, as the party by contract or agreement ought to do, and the party to whom such tender shall be made doth refuse the same, and yet afterwards will sue for the debt or goods so tendered, the plaintiff shall not recover any costs in such suit. [R. S. 1845, p. 418, § 38.

4. TENDER AFTER SUIT BROUGHT.] § 4. A tender may also be made after an action is brought upon any contract, of the whole sum due thereon, with the legal costs of suit incurred up to the time of tender.

5. TO WHOM MAY BE MADE.] § 5. The tender last mentioned may be made either to the plaintiff or his attorney in the suit, and the defendant may avail himself of it in defense, in like manner as if it had been made before the com

mencement of the action, bringing into court, if the tender is not accepted, the amount so tendered for costs as well as for the debt or damages.

6. TENDER FOR TRESPASS OR INJURY-COSTS.] § 6. Whoever is guilty of a trespass or injury may, at any time before or after suit brought, tender what he shall conceive sufficient amends for the injury done, and if suit has been commenced, also the costs of suit up to the time of making such tender; and if it shall appear that the sum tendered was sufficient amends for the injury done, and if suit had been commenced, was also sufficient to pay such costs, the plaintiff shall not be allowed to recover any costs incurred after such tender, but shall be liable to the defendant for his costs incurred after that time.

7. TENDER TO CONSTABLE.] §7. When the defendant, upon whom any summons or warrant issuing from a justice of the peace shall be served, shall pay or tender to the constable the amount actually due, with all costs then accrued, and shall prove the same upon trial, and bring the money forward and deposit it with the justice of the peace, no costs which shall thereafter accrue shall be adjudged against him, but the plaintiff shall pay the same. [See "Justices and Constables," ch. 79, § 51. R. S. 1845, p. 326, § 81.

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AN ACT to encourage the planting and growing of timber. [Approved February 9, 1874. In force July 1, 1874.} 1. COUNTY BOARD MAY OFFER PREMIUMS FOR RAISING.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That it shall be lawful for the board of supervisors or county commissioners' court [board of county commissioners] in any county in this state to offer a bounty to any person in said county who shall hereafter plant one or more acres of land with forest trees, and properly cultivate the same for three years, any sum not to exceed $10 per annum for three years for each acre so planted and cultivated: Provided, that trees so planted shall not be at a greater distance than ten feet apart each way.

2. PROOF OF RAISING.] § 2. Any person claiming the bounty under this act shall make proof before the county clerk that he has complied with section 1 of this act, and that the trees planted by him are in a healthy and growing condition.

3. CERTIFICATE OF RAISING.] § 3. Upon proof of a compliance with this act the county clerk shall issue his certificate to the person entitled to the same, setting forth that the provisions of this act have been complied with and the num ber of acres so planted.

4. HOW PREMIUM OFFERED.] § 4. The board of supervisors or county commissioners' court [board of county commissioners], desiring to offer the bounty herein provided for, shall do so by resolution, to be made of record, and giving notice in some newspaper published in the county three weeks prior to the first day of April of each year; said resolution and notice to state the amount of bounty offered for each acre planted and cultivated.

TRESPASS IN CUTTING TIMBER.

[Chapter 104, Revised Statutes, 1845.]

5. FINE FOR CUTTING WITHOUT PERMISSION.] 81. Any person who shall cut, fell, box, bore or destroy, or carry away any black walnut, black, white, yellow or red oak, white-wood, poplar, wild cherry, blue ash, yellow or black locust, chestnut, coffee or sugar tree, or sapling, standing or growing upon land belong. ing to any other person or persons, without having first obtained permission so to do from the owner or owners of such lands, shall forfeit and pay for such tree or sapling so cut, felled, boxed, bored or destroyed, the sum of $8; and every person who shall cut, fell, box, bore or destroy any tree or sapling not herein above named and enumerated, standing or growing upon land belonging to any

other person or persons, without permission as aforesaid, shall forfeit and pay for every such tree or sapling so cut, felled, boxed, bored or destroyed, the sum of $3. [See "Crim. Code," ch. 38, § 269; "Schools," ch. 122, § 82.

6. HOW FINE RECOVERED-TITLE IN DISPUTE RECOGNIZANCE.] § 2. The penalties herein above provided shall be recoverable, with costs of suit, either by action of debt, in the name and for the use of the owner or owners of the land, or by action qui tam, in the name of any person who will first sue for and re cover the same; the one-half for the use of the person so suing, and the other, half for the use of the owner or owners of the land: Provided, that if, in any action that may be instituted by virtue of the provisions herein contained, before a justice of the peace, the defendant shall set up a title to the land on which the tree or trees are alleged to have been cut, felled, boxed, bored or destroyed, and shall forthwith give good and sufficient security to prosecute his claim or title to the said land to effect, within one year, or to appear and defend an action to be instituted against him within one year, by virtue of the provisions herein contained, in any court of record within the state having cognizance thereof, and in either case to abide by and satisfy the judgment that may be given in such court, then the said justice shall proceed no further in the said cause, but shall forthwith dismiss the parties; and it shall be the duty of the said justice, thereupon, to tax the bill of costs that may have accrued before him; and so soon as the action shall be renewed or instituted for the purpose aforesaid, to transmit the said bill, together with the recognizance to be taken as aforesaid, to the clerk of the court in which such action shall be instituted or renewed; which costs, so taxed and transmitted, shall be made a part of the judgment to be rendered as aforesaid.

7. PROCEEDINGS ON RECOGNIZANCE.] § 3. If the said recognizance shall be forfeited for not prosecuting, as aforesaid, the justice shall proceed to enter judgment against the defendant for the demand of the plaintiff, which shall be taken to be confessed, and execution shall thereupon issue against the defendant and his security or securities; and if the said recognizance shall be forfeited for not appearing and defending, or not abiding by and satisfying the judgment that shall be given in the court above, the party for whose benefit such recognizance was taken, may, by a writ or writs of scire facias, proceed to judgment and execution thereon.

S. SCHOOL AND CHURCH LANDS-PENALTY.] § 4. If any person or persons shall, under pretense of any lease or otherwise, cut, fell, box, bore or destroy any black walnut, black, white, yellow or red oak, white-wood, poplar, wild cherry, blue ash, yellow or black locust, chestnut, coffee or sugar tree, or sapling, standing or growing upon any lands within the state, reserved, appropriated or intended for the use and support of schools, or for the use and support of religion, such person or persons shall forfeit and pay, for every such tree or sapling so cut, felled, boxed, bored or destroyed the sum of $8; and if any person or persons shall cut, fell, box, bore or destroy any other tree or sapling, not herein above named and enumerated, standing or growing upon any lands within the state, reserved, appropriated or intended for the use aforesaid, such person or persons shall forfeit and pay for every such tree or sapling so cut, felled, boxed, bored or de stroyed, the sum of $3. [See "Schools," ch. 122, § 82.

9. HOW PENALTY RECOVERED.] 85. The penalties provided in the preced ing section shall and may be recovered with costs of suit, either by action of debt, brought by and in the name or names of the overseer or overseers of the poor of the township in which such tree or sapling shall have been cut, felled, boxed, bored or destroyed, as aforesaid, for the use of the poor of the county, or by action qui tam, in the name of any other person who will first sue for and recover the same; the one-half for the person so suing and recovering, and the other half for the use of the poor of the county in which such tree or sapling shall have been cut, felled, boxed, bored or destroyed; and it shall be the duty of the overseer or overseers of the poor, on complaint made to him or them, against any person who may have cut, felled, boxed, bored or destroyed any tree or sap

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