birds herein named on the same, when deemed necessary for the protection of fruits or property.

4. ROBBING NESTS OF GAME BIRDS.] § 4. It shall be unlawful for any person or persons to destroy or remove from the nests of any prairie chicken, grouse or quail, wild turkey, goose or brandt, any egg or eggs of such fowl or birds, or for any person to buy, sell, have in possession or traffic in such eggs, or willfully destroy the nest of such birds or fowls, or any or either of them. Aud any person, so offending shall, on conviction, be fined and dealt with as specified in section three (3) of this act. [L. 1865, p. 73, § 3.

5. TRAPPING BIRDS.] $5. No person or persons shall, at any time, with a trap, or snare, or net, take or attempt to trap, snare, or take any wild turkey, prairie chicken, Virginia partridge, pheasant, grouse or quail, except on his or their own premises. And every person so offending shall, on conviction, be fined in a sum not less than $15, nor more than $25, and costs of suit, and shall stand committed to the county jail until such fine is paid, provided that such imprisonment shall not exceed fifteen days.

6. SELLING, ETC., AFTER THIRTY DAYS.] § 6. No person or persons shall sell or expose for sale, or have in his or their possession, for the purpose of selling or exposing for sale, any of the animals, wild fowls or birds mentioned in section one of this act, after the expiration of thirty days next succeeding the first day of the period in which it shall be unlawful to kill, trap, or ensnare such animals, wild fowls or birds. And any person so offending shall, on conviction, be fined and dealt with as specified in section one of this act. [See § 2.

7. EXCEPTIONS.] § 7. The provisions of this act shall not be construed as applicable to any express company or common carrier, into whose possession any of the animals, wild fowls or birds herein mentioned shall come, in the regular course of their business, for transportation, whilst they are in transit through this state from any place without this state where the killing of such animals, wild fowl or birds shall be lawful. But notwithstanding this provision, the hav ing or being in possession of any such animals, wild fowl or birds, as are mentioned in section one, upon any of the days upon which the killing, entrapping, ensnaring, netting, buying, selling, or having in possession any such animals, wild fowl or birds, shall be unlawful by the provisions of this act, shall be deemed and taken as prima facie evidence that the same was ensnared, trapped, netted or killed in violation of this act. [L. 1865, p. 74, § 8.

SUITS-DISPOSITION OF FINES.] § 8. All prosecutions under the provis ious of this act shall be brought by any person, in the name of the People of the State of Illinois, against any person or persons violating any of the provisions of this act, before any justice of the peace of the county in which such violation is alleged to have taken place, or before any court of competent jurisdiction; and it is hereby made the duty of the state's attorneys to see that the provisions of this act are enforced in their respective counties, and they shall prosecute all offenders on receiving in formation of the violation of any of the provisions of this act; and it is made the duty of sheriff's, deputy sheriffs, constables and police officers to inform against and prosecute all persons whom there is probable cause to believe are guilty of violating any of the provisions of this act. The amount recovered in any penal action shall go to the school treasurer of the township in which this act shall have been violated, to be added to the school fund of such township.

9. LIMITATION.] 9. All prosecutions under this act shall be commenced within one month from the time such offense was committed, and not afterwards. [§ 10 omitted; see "Statutes," ch. 131, § 5.]

HUNTING ON INCLOSURES OF OTHERS.

AN ACT to prohibit persons from hunting within the inclosures of others, without leave. [Approved April 15, 1871. In force July 1, 1871. L. 1871-2, p. 486. ]

10. NOT TO HUNT WITHOUT CONSENT.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That it shall be unlawful for any person or persons to hunt with gun, dog or net, within the inclosed grounds or lands of another, without first obtaining from the owner, agent or occupant of such inclosed grounds or lands, his, her or their permission so to do.

11. PENALTY-SUIT.] $2. Any person or persons violating section one of this act shall be deemed guilty of a misdemeanor, and may be prosecuted in the name of the people, before any justice of the peace, or by indictment or information in any court in the county where said misdemeanor was committed; and in all such prosecutions the owner or owners, or persons in possession of said inclosures, shall not be required to prove title to the inclosures in controversy.

12. FINES.] § 3. Any person convicted of violating section one of this act shall be fined in a sum not less than $3, and not exceeding $100. All fines collected by virtue of this act shall be paid into the common school fund of the township in which the offense is committed.

AN ACT in regard to garnishment. [Approved March 9, 1872. In force July 1, 1872}

1. GARNISHMENT ON JUDGMENT.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That whenever a judgment shall be rendered by any court of record, or any justice of the peace in this state, and an execution against the defendant in such judgment shall be returned by the proper officer "No property found," on the affidavit of the plaintiff, or other credi ble person, being filed with the clerk of such court or justice of the peace, that said defendant has no property within the knowledge of such affiant, in his possession. liable to execution, and that such affiant hath just reason to believe that any other person is indebted to such defendant, or hath any effects or estate of such defendant in his possession, custody or charge, it shall be lawful for such clerk or justice of the peace to issue a summons against the person supposed to be indebted to, or supposed to have any of the effects or estate of the said defendant, commanding him to appear before said court or justice, as a garnishee; and said court or justice of the peace shall examine and proceed against such garnishee or garnishees, in the same manner as is required by law against garnishees in origi nal attachments. [R. S. 1845, p. 307, § 38.

2. SERVICE OF WRIT-RETURNABLE.] § 2. Such garnishee summons, when Issued by the clerk of a court of record, shall be made returnable, and be served as other summonses. [L. 1861, p. 177, § 1.

3. RETURN IN COURTS OF RECORD.] § 3. No judgment by default shall be rendered, unless such process shall have been served ten days before the return day; but if such process shall have been served within less than ten days, it shall be deemed returnable on the first day of the next term of the court. If gar nishee process shall be issued in term time, it shall be made returnable on the first day of the next term of the court. [L. 1861, p. 177, § 1.

4. RETURN BEFORE JUSTICE OF THE PEACE.] § 4. If such process is issued by a justice of the peace, it shall be made returnable within the same time, and be served in the same manner as other summonses issued by justices of the

peace.

5. IN ATTACHMENT OR ON JUDGMENT IN COURTS OF RECORD-INTERROGATORIES AND ANSWER.] § 5. When any person is summoned as a garnishee upon any process of attachment or garnishee summons issued out of a court of record, the plaintiff shall, at or before the term at which the garnishee is bound to ap pear, or within such further time as the court shall allow, exhibit and file, all and singular, such allegations and interrogatories, in writing, upon which he shall be desirous to obtain, and compel the answer of any and every garnishee, touching the lands, tenements, goods, chattels, moneys, choses in action, credits and effects of such defendant, and the value thereof, in his possession, custody or charge, or from him due and owing to the said defendant at the time of the service of the said writ, or at any time after, or which shall or may thereafter become due; and it shall be the duty of every garnishee to exhibit and file, under his oath or affirmation, within ten days after he shall be notified of the filing of such interro gatories, or if no notice of the filing of the same shall have been served upon him, then on or before the third day of the next succeeding term after the term at which such interrogatories are filed, full, direct and true answers to all and singular the allegations and interrogatories by the plaintiff so exhibited and filed; but in no case shall the garnishee be compelled to answer before the third day of the return term of the garnishee process. [R. S. 1845, p. 67, § 18.

6. ORAL EXAMINATION BEFORE A JUSTICE OF THE PEACE.] § 6. When the proceeding is before a justice of the peace, it shall not be necessary to exhibit or file interrogatories in writing, but the garnishee may be examined orally touching the personal estate, goods, chattels, moneys, choses in action, credits and ef fects of the defendant, and the amount and value thereof in his possession, custody or charge, or from him due and owing to such defendant at the time of the service of such attachment or summons, or at any time after, or which shall or may thereafter become due.

7. ISSUE, HOW MADE AND TRIED.] § 7. When the plaintiff in any garnishee proceeding shall allege that any garnishee served with process, or appearing be fore any court, hath not truly discovered the lands, tenements, goods, chattels, moneys, choses in action, credits and effects, or if before a justice of the peace such personal effects of the defendant in the attachment suit or judgment, and the value thereof, in his possession, custody or charge, or from him due and owing to the defendant at the time of the service of the writ, or at any time after, or which shall or may thereafter become due, the court or justice of the peace shall immediately (unless the case shall for good cause be continued) proceed to try such cause, as against such garnishee, without the formality of pleading. The trial shall be conducted as other trials at law, and if the finding or verdict shall be against the garnishee, judgment shall be given against him in the same manfer as if the facts had been admitted by him, with all costs of such trial. If the finding shall be in favor of the garnishee, he shall recover his costs against the plaintiff. And in case the garnishee admits indebtedness to the judgment debtor, he shall not be liable for costs. [R. S. 1845, p. 67, § 19.

8. CONDITIONAL AND FINAL JUDGMENT.] § 8. When any person shall have been summoned as a garnishee upon any attachment or other writ issued out of any court of record, or by any justice of the peace, and shall fail to appear or make discovery, as by this act required the court or justice of the peace may enter a conditional judgment against such garnishee for the amount of the plaintiff's demand, or judgment against the original defendant, and thereupon a scire facias shall issue against such garnishee, returnable, if the proceedings be in a court of record, at the next term of court, or if it be before a justice of the peace, within the same time as other summonses from justices of the peace, commanding such garnishee to show cause why such judgment should not be made final. If such garnishee, being served with process or notified as required by law, shall fail to appear and make discovery in the manner aforesaid, the court, or justice of the peace, shall confirm such judgment, to the amount of the judgment against the original defendant, and award execution for the same and costs. If such garnishee shall appear and answer, the same proceedings may be had as in other cases. [R. S. 1845, p. 67, § 16.

9. NOTICE WHEN SCI. FA. NOT SERVED.] § 9. If any garnishee shall become a non-resident, or shall have gone out of this state, or is concealed within this state so that the scire facias cannot be served upon him, upon the plaintiff or his agent filing affidavit, as in cases of non-resident defendants in attachment, such garnishee may be notified in the same manner as such non-resident defendants, and upon such notice being given he may be proceeded against in the same manner as if he had been personally served with such scire facias.

10. WHEN JUDGMENT AGAINST ORIGINAL DEFENDANT NECESSARY.] § 10. No final judgment shall be entered against a garnishee in any attachment proceeding until the plaintiff shall have recovered a judgment against the defend

ant in such attachment.

11. ADVERSE CLAIMANTS.] § 11. If it appears that any goods, chattels, choses in action, credits or effects in the hands of a garnishee are claimed by any other person, by force of an assignment from the defendant, or otherwise, the court or justice of the peace shall permit such claimant to appear and maintain his right. If he does not voluntarily appear, notice for that purpose shall be issued and served on him in such manner as the court or justice shall direct.

12. ADVERSE CLAIMS-TRIAL.] § 12. If such claimant appears, he may be admitted as a party to the suit, so far as respects his title to the property in question, and may allege and prove any facts not stated nor denied by the garnishee, and such allegations shall be tried and determined in the manner hereinbefore provided. If such person shall fail to appear after having been served with notice in the manner directed, he shall nevertheless be concluded by the judgment in regard to his claim.

13. DEDUCTIONS AND SET-OFFS OF GARNISHEE.] § 13. Every garnishee shall be allowed to retain or deduct out of the property, effects or credits in his hands all demands against the plaintiff, and all demands against the defendant, of which he could have availed himself if he had not been summoned as garnishee, whether the same are at the time due or not, and whether by way of set-off on a trial, or by the set off of judgments or executions between himself and the plaintiff and defendant severally, and he shall be liable for the balance only after all mutual demands between himself and plaintiff and defendant are adjusted, not including unliquidated damages for wrongs and injuries: Provided, that the ver diet or finding, as well as the record of the judgment, shall show in all cases, against which party, and the amount thereof, any set-off shall be allowed, if any such shall be allowed. [R. S. 1845, p. 69, § 25.

14. $25 WAGES EXEMPT.] § 14. The wages and services of a defendant being the head of a family and residing with the same, to an amount not exceeding $25, shall be exempt from garnishment. In case the wages or services of such defendant in the hands of a garnishee shall exceed $25, judgment shall be given only for the balance above that amount. [L. 1861, p. 178, § 2.

15. NEGOTIABLE PAPER.] § 15. No person shall be liable as a garnishee by reason of having drawn, accepted, made or indorsed any negotiable instrument, when the same is not due, in the hands of the defendant at the time of service of the garnishee, summons, or the rendition of the judgment.

16. EFFECT OF JUDGMENT.] § 16. The judgment against a garnishee shall acquit him from all demands by the defendant for all goods, effects and credits paid, delivered or accounted for by the garnishee by force of such judgment.

17. A DISCHARGE NO BAR.] § 17. If the person summoned as garnishee is discharged, the judgment shall be no bar to an action brought against him by the defendant for the same demand.

18. REVIVAL OF GARNISHMENT AGAINST EXECUTOR, ETC.] § 18. In case of the death of a person served as garnishee, his executor or administrator may be made a party, and notified, unless his appearance is entered, as in the case of the death of a defendant, and the cause may proceed against him as personal representative of the deceased.

19. EXECUTION NOT TO ISSUE TILL DEBT DUE.] § 19. When judgment is rendered against any garnishee, and it shall appear that the debt from him to