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§ 21. If the Department of Agriculture shall find, at any time, in any county, township, or other geographical district, fields, crops or any property or place so infested by insect pests, or infected with plant diseases as to threaten increasing or serious injury to farm crops or other property, which injury might, in the judgment of the Department of Agriculture be restrained by reasonable measures of arrest and prevention, it shall require of all persons owning, leasing, managing, or occupying property infested by such insect pests, or infected by such diseases, within said district, that they shall take such measures of arrest and prevention as are prescribed by the Department of Agriculture for the protection of the property of others against injury; and it shall be the duty of every person so notified and instructed to perform the acts required of him by the instructions of the Department of Agriculture.

§ 22. Any person affected by any rule or regulation made or notice given, pursuant to this Act, may have a review thereof by the Department of Agriculture for the purpose of having such rule, regulation or notice modified, suspended, or withdrawn. Such review shall

be allowed and considered and the costs thereof fixed, assessed, collected or paid in such manner and in accordance with such rules and regulations as may be prescribed by the Department of Agriculture.

§ 23. Any person who shall violate the provisions of this Act with reference to the sale, shipment, delivery, receipt, labeling, transportation, or treatment of nursery stock, plants, plant products, or other property; or who shall fail to report the receipt of uncertified nursery stock as required in section 13 of this Act; or who shall forge, counterfeit, deface, alter, destroy, or wrongfully use any certificate provided for in this Act; or who shall use, plant, or remove, without permission of the Department of Agriculture, infested or infected property concerning whose condition he has received official notice; or who shall maintain a nuisance as described in this Act, after notice by the Department of Agriculture; or who shall fail or neglect to take such reasonable measures for the arrest and prevention of injury by insect pests and diseases as are required of him by the Department of Agriculture under section 21 of this Act; or who shall offer any hindrance or resistance to the carrying out of this Act; shall be adjudged guilty of a misdemeanor, and upon conviction shall be punished by a fine of not less than ten dollars or more than a hundred dollars for each and every offense, together with all costs of procedure. It shall be the duty of the Department of Agriculture to furnish to the State's Attorney of the county in which an offense is committed, or to the Attorney General of the State, all information in its possession concerning violations of this Act, and the officer so notified shall prosecute such violations of this Act, and the amounts so received shall be paid into the treasury of the State.

§ 24. In construing and enforcing the provisions of this Act, the act, omission or failure of any official, agent or other person acting for or employed by any association, partnership or corporation, within the scope of his employment or office, shall, in every case, also be deemed the act, omission or failure of such association, partnership or corporation, as well as that of the person.

§ 25. This Act shall not be so construed or enforced as to conflict in any way with any Act of Congress regulating the movement of plants or plant products in interstate or foreign commerce.

$ 26. If any section or part of a section of this Act shall, for any cause, be held unconstitutional, such fact shall not affect the remainder of this Act.

§ 27. All Acts and parts of Acts inconsistent with the provisions of this Act are hereby repealed.

§ 28. Whereas an emergency exists, this Act shall take effect from and after its passage; and whereas the Act establishing the Department of Agriculture does not take effect until July 1, the duties of the Department of Agriculture under this Act shall be performed, so far as necessary, by the State Entomologist, until July 1, 1917.

FILED June 29, 1917.

This bill having remained with the Governor ten days, Sundays excepted, the General Assembly being in session, it has thereby become a law. Witness my hand this twenty-ninth day of June, A. D. 1917.

Louis L. EMMERSON, Secretary of State.

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APPROVED JUNE 21, 1917.)

(SENATE BILL No. 412. An Act to protect the owner of any licensed stallion or jack kept for

public service and to subject the mare or jennet or progeny of such animal, or both, to a lien for the service fee of such stallion or jack.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every owner of any licensed stallion or jack kept for public service, who, at the request of the owner of any mare or jennet, or his authorized agent, shall cause such mare or jennet to be served by his stallion or jack, shall have a lien on the mare or jennet served and first lien upon the progeny of such mare or jennet for the service fee of such stallion or jack and each lien conferred by this Act shall take precedence of all other liens or claims thereon not duly recorded prior to recording claim of lien as hereinafter provided.

§ 2. Any owner of a licensed stallion or jack desiring to secure the benefits of this Act, shall within six (6) months after any mare or jennet has been served by his stallion or jack, file with the recorder of deeds in the county in which such mare or jennet is, a claim for lien in writing and under oath, setting forth therein his intention to claim a

lien upon such mare or jennet or progeny thereof, or both, for the service fee of his stallion or jack.

Such claim for lien shall state the name and residence of the person claiming the lien, the name of the owner or reputed owner of the mare or jennet or progeny thereof, or both, sought to be charged with the lien, and a description of such animal or animals sufficient for identification upon which the lien is claimed, and the amount due the claimant for the service fee of his stallion or jack.

The claim for lien filed with the recorder of deeds shall expire and become void and of no effect if suit is not brought to foreclose the same within twelve months after the date of such service by such stallion or jack.

$ 3. It shall be the duty of the recorder of deeds, upon presentation to him of any such claim for lien, together with the recording fee, to file the same in his office in the same manner as provided by law for the filing and recording of chattel mortgages.

$ 4. The original, or copy of such claim for lien filed as aforesaid certified by the recorder of deeds, shall be received in evidence in any proceeding taken to foreclose the lien herein provided for, of the fact that such claim for lien was received and filed according to the endorsement of the recorder of deeds thereon.

§ 5. The person claiming such lien may commence suit to foreclose the same by summons in the usual form before any Justice of the Peace of the county or before any municipal court of the city in which the animal or animals described in his claim for lien may be found. Such suit shall be against the person or persons liable for the payment of the service fee of claimant's stallion or jack.

§ 6. If such summons be returned personally served upon the defendant or defendants, the same proceeding shall thereupon be had in all respects as in other suits commenced by summons in which there is a personal service of process and judgment shall be rendered in such suit in like manner.

$ %. If the officer returns such summons showing that a defendant or defendants cannot be found in his county, the same proceedings shall thereupon be had in all respects as to the defendant or defendants not personally served, as near as may be, as in suits commenced by attachment in which there is not a personal service of process upon the defendant and judgment shall be rendered in such suit in like manner.

$ 8. If the plaintiff recover judgment in such suit, execution shall issue thereon in the same manner and with the like effect as upon judgments rendered in suits commenced by attachment and the mare or jennet or progeny thereof, or both, upon which the plaintiff holds such lien shall not be exempt from execution, but may be sold to satisfy such execution in the manner hereinafter provided.

$ 9. In all suits prosecuted under the provisions of this Act, the court, jury, or Justice of the Peace, who shall try the same, or make an assessment of damages therein, shall in addition to finding the sum due the plaintiff, also find that the same is due for the service fee of plaintiff's stallion or jack and is a lien on the mare or jennet or progeny thereof, or both, as described in plaintiff's claim for lien: Provided, however, that if the court, jury, or Justice of the Peace shall find the amount due the plaintiff is not a lien upon the property described in the plaintiff's claim for lien, the plaintiff shall not be non-suited thereby if personal service of summons has been had upon the defendant, but shall be entitled to judgment as in other civil actions; and in those cases where the amount due is found to be a lien upon the animal or animals described in plaintiff's claim for lien, the finding or verdict may be in the following form: “The court, jurors, or justices, as the case may be, say that there is due to the plaintiff the sum of.... ... dollars from the said defendant or defendants and that the same is due for the service fee of plaintiff's stallion or jack, and that the plaintiff has a lien upon said mare or jennet or progeny thereof, or both, as described in plaintiff's claim for lien for said amount,” and in such case, the fee paid by the claimant to the recorder of deeds for filing his claim for lien shall be taxed as

art of the costs of the suit.

§ 10. When the said lien shall be duly perfected as above provided, the mare or jennet or progeny thereof, or both, as above provided, shall be sold under execution to satisfy said lien as follows: The Justice of the Peace or court shall, at the time of rendering judgment in the suit tried before him and on the day of trial, enter upon his docket an order designating the time and place at which such animal or animals, shall be sold under

the execution. All such sales shall be for cash, at public sale, to the highest bidder and shall take place not less than three nor more than five days after the entry of the order of sale and shall be made by a constable of the county or by a bailiff of the Municipal Court of the city in which the sale takes place. The officer making the sale shall advertise the time and place of such sale, together with the correct description of the mare or jennet or progeny thereof, or both, to be sold, by posting written or printed notices of such sale at three of the most public places of the township[,] city or village where such mare or jennet or progeny thereof, or both, is found. The officer making such sale shall forth with file with the Justice of the Peace or court in whose court the judgment was entered a written statement of the amount realized from such sale and all proper items of expense in connection therewith and shall then pay from the proceeds of such sale, in the order named, to the parties entitled to receive the same all necessary expense incurred in the keep of such animal or animals, all constable's and bailiff's fees, all court costs taxed in the suit, the amount of the judgment recovered by the plaintiff or claimant and the surplus, if any, he shall pay to the defendant in the suit or to his legal representative.

§ 11. All sales of an animal or animals under this Act shall be made subject to redemption by the owner of such animal or animals, or his legal representatives; such redemption to be made within thirty days from the day of sale by paying to the plaintiff, officer making the sale, or to the judge or justice upon whose docket the same was entered, the amount of the judgment with interest at the rate of five per cent and all costs and expenses taxed in the proceeding, together with the reasonable and necessary expense or cost of the keep of such animal or animals from the day of sale to and including the day of redemption.

APPROVED June 21, 1917.

REGULATING PUBLIC SERVICE OF STALLIONS AND JACKS. § 1. Stallion or jack for public service $ 7. Fees--renewals-transfers duplito be registered-license.

cate certificates. 2. What necessary to obtain license $ 8. Date of expiration of license-recertificate when license denied.

newal fee-when stallion or jack

entitled to permanent certificate. 3. What unsoundnesses shall disqual

ify stallion or jack from public § 9. Department shall take cognizance service

of complaint reporting unsound

ness and investigate fraud-re$ 4. Department shall keep records of

vocation of license. all stallions or jacks enrolled.

§ 10. Penalty. 5. Owner to keep copies of license

certificateforms of advertise- § 11. Fees and fines to be turned into ment.

State treasury. 6. Pure-bred license shall be issued $ 12. Annual report.

to what stallion or jack-grade
license-forms of license.

$ 13. Repeal. (SENATE BILL No. 413. APPROVED JUNE 21, 1917.) An Act to regulate the public service of stallions and jacks in Illinois.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That every person, firm, company or corporation standing or offering any stallion or jack for public service in this State shall cause the name, description and age, and in the case of a pure-bred animal the pedigree, of such staliion or jack to be enrolled by the Department of Agriculture, and secure a license from said department as provided in section two (2) of this Act.

§ 2. In order to obtain the license certificate herein provided for, the owner or owners of each stallion or jack shall forward an application and the fee to the Department of Agriculture, together with an affidavit executed by said owner or owners individually or by a graduate veterinarian acceptable to the Department of Agriculture to the effect that such stallion or jack is free from hereditary, infectious or contagious disease or unsoundness, or in the event of said stallion or jack being unsound, the nature and extent of said unsoundness shall be specified in the application, a notation of which shall be embodied in the certificate of license issued, as follows: Amourosis [amaurosis), bog spavin, side bone, navicular disease, curb, chorea, string halt or roaring.

The owner of any pure-bred stallion or jack making application for license, shall furnish to the Department of Agriculture at the time the application for license is made, the stud book certificate of registry of said stallion or jack, and also all transfers, together with all other papers necessary to establish the breeding and ownership. Upon verification of pedigree, certificate of breeding, transfers of ownership and affidavit of soundness as provided for in this Act, a license certificate shall be issued to the owner making application for same. The refusal or failure to forward papers showing breeding and ownership as provided for in this section, shall be taken as evidence of their non-existence, and in all such cases, licenses as pure-bred animals shall be denied.

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