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CHAPTER LXIV.

LICENSES.

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3. Extent of such licenses.
4. If court be not in session, clerk may grant li.

cense; its provisions and time.
5. Court at next term to examine license granted

by clerk. 6. Penalty for sclling without license. 7. Preceding section not to apply to certain per

sons. 8. What trade with Indians prohibited. 9, Groceries, on what conditions licensed. 10. Court may reject or grant application. 11. Court may revoke license for violation of law. 12. Grocery keeper not to sell liquors in more than

one place. 13. What deemed a grocery. 14. Authorities of incorporated towns, haye exclu

sive control of licenses. 15. Penalty for selling liquor without a license;

proviso concerning fine. 16. Penalty for selling liquor to Indians.

SECTION
17. Accounts of over fifty cents for liquor to te

void, if made for liquor sold in less quantities

than one quart. 18. Grocery keeper punished for keeping disorderly

house. 19. General provisions against selling spirituous li.

quors. 20. Penalty for selling to minors. 21. Penalty for selling to servants without consent

of masters. 22. Agents of foreign insurance companies to notify

clerk of county commissioners' court of their

appointment. 23. Such agents to pay tax of three per cent. on

premiums; money thus collected, how dis

posed of.
24. Penalty if agent fail to pay.
25. Officers collecting fines to pay money into coun.

ty treasury.
26. Prosecutors may be witnesses.
27. Penalties, how collected and disposed of.
28. Appeals and writs of error allowed.

Section 1. No merchant, auctioneer, peddler or other person or persons, company or corporation, shall be permitted to sell, vend or retail, either at private sale or public auction, any goods, wares or merchandize, without having first obtained a license for that purpose as hereinafter provided.

Sec. 2. The county commissioners' courts of the respective counties in this State shall have power to grant such licenses, on the payment into the county treasury by the applicant for such license, of a sum to be assessed by said court, not less than five, nor more than one hundred dollars.

Sec. 3. Such license shall authorize the person receiving it, to vend, sell and retail goods, wares and merchandize within said county for the space of one year, from the time of granting the same.

Sec. 4. If the county commissioners' court shall not be in session when the application is made, the clerk may grant a written permission to the applicant to vend, sell and retail goods, wares and merchandize until the end of the next term of the court, or if the court take no action upon the case, for the term provided in the third section of this chapter. At the time of granting such permission the clerk may assess the amount to be paid by the applicant, which shall be paid into the county treasury accordingly.

Sec. 5. When a permission shall be granted by the clerk in vacation as aforesaid, it shall be the duty of the county commissioners' court, at their next term thereafter, to examine such permit, and if approved to proceed forthwith to assess the amount to be paid for license, to be paid as in the case of original applications. But if the court do not approve the same, the license shall be vacated, and no other sum shall be required to be paid, than that fixed by the clerk.

Sec. 6. If any person or persons, company or corporation shall, directly or indirectly, keep a store, or sell, vend or retail any goods, wares or merchandize, without being first duly authorized by license or permit as aforesaid, such person or persons, company or corporation so offending, shall forfeit and pay any sum, not exceeding one hundred, nor less than ten dollars.

Sec. 7. The preceding section shall not be construed to extend to the sale of goods, wares and merchandize, by persons who are not merchants, auctioneers, grocers, grocery keepers or peddlers, nor to merchants who pay an annual tax upon merchandize, assessed according to the revenue laws of this State, nor to persons who sell commodities manufactured by themselves in this State.

Sec. 8. No citizen of this State, or other person or persons, shall purchase of, or otherwise trade or barter with any Indian or Indians in this State, for

any

fire arms, knives, tomahawks, blankets or horses, under the penalty of not less than twenty dollars nor more than one hundred dollars for every such offence, recoverable bir fore any court of competent jurisdiction : the one-hall part thereof for the use of the county in which such offence is committed, and the other half to the person informing.

Sec. 9. County commissioners' courts may grant licenses to keep groceries upon the following conditions, to-wit: First, the applicant shall pay into the county treasury, for the privilege granted, a sum, not exceeding three hundred dollars nor less than twenty-five dollars, in the discretion of the court; Second, the applicant shall execute bond, in the penalty of five hundred dollars, with one or more securities, to be approved by the court, conditioned that the applicant will keep an orderly house, and that he will not permit any unlawful gaming or riotous conduct in his house.

Sec. 10. Upon applications for licenses to keep groceries, the court may reject or grant the same in their discretion.

Sec. 11. County commissioners' courts shall have power, upon complaint being made to them, to revoke any license granted to keep a grocery, whenever they may be satisfied that the privileges granted have been abused, or that the person to whom the license was granted, has violated the law.

Sec. 12. Licenses granted to keep groceries, shall not authorize the person obtaining the license, to vend or sell spirituous or vinous liquors in more than one place or house, and every license shall describe the house and place intended to be occupied.

Sec. 13. A grocery shall be deemed to include all houses and places where spirituous or vinous liquors are retailed by less quantities than one quart.

Sec. 14. The president and trustees of incorporated towns, shall have the exclusive privilege of granting licenses to groceries within their incorporated limits; and all sums of money

which may be received for licenses granted as aforesaid, shall be paid into the county treasury.

Sec. 15. Every person, not having a legal license to keep a grocery, who shall barter, sell, exchange or otherwise dispose of, for his gain or benefit, any vinous, spirituous or mixed liquors in less quantities than one quart, or shall permit the same to be done on his premises, for his gain and benefit, shall forfeit and pay

the sum of ten dollars for each offence, together with costs of suit, one-half to any person who shall give information, the other half to be paid into the county treasury: Provided, That a conviction under the one hundred and thirty-second section of chapter thirty of the Revised Statutes, shall bar any suit under this section for the same offence; and judgment under the provisions of this section shall be an effectual bar to a prosecution under the provisions of the said one hundred and thirty-second section.

Sec. 16. No grocer or retailer of spirituous liquors, or other person or persons, shall sell, exchange, or otherwise deliver to any Indian or Indians, within the boundaries of this state, any spirituous liquors, under the penalty of twenty dollars for every such offence, the one-half thereof for the use of the county wherein the offence is committed, and the other hall for the person informing.

Sec. 17. All accounts of grocers or other retailers of spirituous liquors in this State, for liquors by them or their agents retailed, sold or delivered, for a greater or higier ainpunt than fifty cents, shall be void; and no court shall entertain jurisdiction of any account of any grocer or other retailer as aforesaid, in which there shall be more than fifty cents charged for liquor; and if any grocer or retailer of spirituous liquors, shall sue for or otherwise claim of or from any one person in this State, a greater or higher amount than fifty cents for spirituous liquors, the claim shall be void: Provided, That nothing in this section contained, shall prevent any grocer, retailer or other person as aforesaid, from selling spirituous liquors larger in quantity than one quart, and suing for and recovering pay for the same.

Sec. 18. Every person licensed to keep a grocery who shall knowingly suffer any disorder, drunkenness, or unlawful games whatever, in such his, her or their houses, his, her or their license or licenses shall be suppressed by the county commissioners' court.

Sec. 19. No person or persons other than such as are or shall be qualified so to do by this law, shall presume, under any color of pretence, to sell, barter with or deliver any wine, rum, brandy or other spirits, or any mixed or strong liquors, to be used, or within his, her or their houses, yards or sheds, or to be with his, her or their knowledge, privity or consent, used or drank in any shelter, places or woods, near or adjacent to them, by companies of servants, slaves or others; nor to

ll to any person or persons any rum, brandy or other spirits, by less quantity or measure than one quart, the same liquors being respectively delivered to one person, and at one time, without any collusion or fraud, contrary to the true intent and meaning of this law; and any person offending against the provisions of this section, shall be subject to all the penalties which are herein provided against selling without a license.

Sec. 20. If any grocery keeper or other retailer of liquors, shall receive, harbor, entertain or trust any minor or any servant, knowing them or either of them to be such, or after having been cautioned or warned to the contrary by the parent, guiardian, master or mistress of such minor or servant, in the presence of one or more credible witnesses, such grocery keeper or retailer of liquors so offending shall, for the first or second oflence, being duly convicted thereof, forfeit and pay the sum of three dollars for every such offence, over and above the loss and forfeiture of any debt such minor or servant shall or may contract for liquors or entertainment; and upon conviction for the third offence, the license obtained by such offender is hereby declared null and void; and the person so repeatedly offending, shall forfeit and pay the sum of twelve dollars, on conviction by indictment, to the use of the county, and be forever after incapable of keeping a grocery or of retailing liquor within the State.

Sec. 21. No person shall, by any means, presume to furnish, supply or sell to any bond servant or slave, any rum, brandy, spirits or any other strong liquors, mixed or unmixed, either within or without doors, nor shall receive, harbor or en

slave or servant in or about his, her or their houses, without special license had and obtained under the hand of such master or mistress of such slave or bond servant respectively, under the penalty, for the first offence, of three dollars,

retail or

tertain any

and for every succeeding offence, four dollars, to be recovered on the proof of one or more credible witnesses, or upon the view of any justice within the respective counties where the act shall be committed.

Sec. 22. All agents of foreign insurance companies shall, upon their acceptance of such agencies, signify the same in writing, to the clerk of the county commissioners' court of their respective counties, which notice shall be filed by the clerk in his office, which shall entitle the agent to grant policies of insurance, according to the laws governing the company of such agency.

Sec. 23. The said agent or agents shall be required to pay over to the clerk of the county commissioners' court, three per cent. on the amount of premiums charged by him on all policies by him issued; and the said clerk shall give to the agent, duplicate receipts, one of which the clerk shall retain; and the said clerk shall enter the amount so received in a book kept by him for that purpose, designating the time when and from what agent the same was received; and the said clerk shall, on the first day of January and the first day of July annually, (if he has in his hands any funds so received) make out an abstract of the same, and shall forward said abstract, together with the money on hand, to the treasurer of the State of Illinois, who shall receive the same and enter the amount so received in a book kept by him for that purpose, with the time when and from what clerk and county the same was received; and the moneys so received shall be considered as revenue to the State, and by the treasurer paid out as such.

Sec. 24. Any agent failing to pay over to the clerk of the county commissioners' court, the per cent. as directed in this chapter, shall subject himself to be fined double the amount of the premium upon which he failed to pay over the per

cent. as directed in this chapter; one-half to the informer, and the other half to be paid over to the clerk of the county commissioners' court, and paid over by him to the State treasurer, in like manner as the per cent. in this chapter is directed to be paid.

Sec. 25. Every magistrate or other officer to whom any fines or penalties imposed by this chapter, shall be paid for the use of the county, shall, at the next term of the county commissioners' court, make a report of the amount thereof, and pay the same into the county treasury.

Sec. 26. Persons prosecuting or giving information under the provisions of this chapter, may be competent witnesses on the trial, notwithstanding their interest in the penalty to be recovered.

Sec. 27. Penalties incurred by a violation of the provisions of this chapter may be recovered by action of debt by summons in the name of the people of the State of Illinois, for the use of the proper county, before any justice of the peace, or court of competent jurisdiction of the proper county, upon complaint of any citizen of such county; and any justice of the peace or other officer into whose hands such penalty shall properly come, shall, unless otherwise required by law, make report of such recovery to the county commissioners' court, and at its next regular term succeeding the collection of such penalty, pay into the county treasury, the part thereof which shall be payable to such county, and the remainder to the person informing or prosecuting

Sec. 28. Appeals and writs of certiorari may be taken from proceedings had under the provisions of this chapter, as in other cases.

APPROVED: March 3, 1845. (SUPERSEDED, in part: See chapter 89; title “Revenue.”]

CHAPTER LXV.

LIENS.

SECTION

1 SECTION 1. Person building on land or town lot, to have 15. Creditors whose claims are not due, may be. lien on the game for his labor or materials

come parties, and receive proportion of assets. furnished.

16. Order in which different claims may be tried, 2. Extent of lien; limitation as to time.

and rights of respective claimants. 3. Claimant to file his petition in circuit court, for 17. Any estate in the lands improved may be sold an order of sale and payment.

to satisfy lien. 4. What facts petition shall contain; summons to 18. Suits may be maintained by or against heirs, issue.

&c. 6. Court may permit amendments, and exercise 19. Claimants may contest each other's rights; how general chancery jurisdiction.

such contests to be tried. 6. Suits to be placed on the common law docket; 20. Subsequent incumbrance not to affect lien; prisummons, how served and returned.

or incumbrance to hold only to the extent of 7. Answer to be on oath; issue, how made up and

value of land before being improved. tried.

21. Who considered parties in interest. 8. When defendant to answer; testimony.

22. Creditors may contest validity of former incum. 9. Publication, when sufficient.

brances. 10. All interested persons, may become parties to 23. Chancery rules to be observed, so far as applisuit.

cable. 11. No preference given to prior contract creditor. 24. Suit to enforce lien to be commenced in six 12. Court shall direct disposition of proceeds.

months after payment due, or not to affect 13. When contractor is prevented by default of

other creditors. owner of land, from sulfilling his contract, he 25. Right of action at law not affected. may recover his proper proportion of the con 26. Money arising from sale, how distributed; defitract price.

ciency, how made up; excess, how applied. 14. Premises to be divided, if practicable.

27. Costs, how taxed and apportioned.

Section 1. Any person who shall, by contract with the owner of any piece of land or town lot, furnish labor or materials for erecting or repairing any building, or the appurtenances of any building on such land or lot, shall have a lien upon the whole tract of land or town lot, in the manner herein provided, for the amount due to him for such labor or materials,

Sec. 2. The lien shall extend to all work done and materials furnished under the provisions of the contract, whether the kind or quantity of the work, or amount to be paid, be specified or not: Provided, That the time of completing the contract shall not be extended for a longer period than three years, nor the time of payment beyond the period of one year, for the time stipulated for the completion thereof.

Sec. 3. When any suin due by such contract shall remain unpaid after the same is payable, the creditor may, upon bill or petition to the circuit court of the county in which the land or lot lies, obtain an order for the sale thereof, and for applying the proceeds of such sale to the discharge of his demand; and the filing of the bill or petition in the clerk's office, and suing out a summons thereon, shall be deemed the commencement of the suit.

Sec. 4. The bill or petition shall contain a brief statement of the contract on which it is founded, and of the amount due thereon, with a description of the premises which are subject to the lien, and all other material facts and circumstances necessary to a full understanding of the rights of the parties, and shall be considered as the foundation of the plaintiff's action; and upon the filing of which with the clerk,

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