factured,mined, produced or sold in this State,such corporation,partnership,or individual or other association of persons shall be deemed and adjudged guilty of a conspiracy to defraud, and be subject to indictment and punishment, as provided in this act: Provided, however, That in the mining, manufacture or production of articles of merchandise, the cost of which is mainly made up of wages, it shall not be unlawful for persons, firms or corporations doing business in this State to enter into joint arrangements of any sort, the principal object or effect of which is to maintain or increase wages. (1) [As amended by act approved June 10, 1897. In force July 1, 1897; L. 1897, p. 298; Legal News Ed., p. 153.

269b. AGREEMENT TO PLACE COMBINATION IN HANDS OF TRUSTEE UNLAWFUL.] 2. It shall not be lawful for any corporation to issue or to own trust certificates, or for any corporation, agent, officer or employes, or the directors or stockholders of any corporation, to enter into any combination, contract or agreement with any person or persons, corporation or corporations, or with any stockholder or director thereof, the purpose and effect of which combination, contract or agreement shall be to place the management or control of such combination or combinations, or the manufactured product thereof, in the hands of any trustee or trustees, with the intent to limit or fix the price, or lessen the production and sale of any article of commerce, use or consumption, or to prevent, restrict or diminish the manufacture or output of any such article. (1)

269c. CORPORATION VIOLATING ACT— -PENALTY.] § 3. If a corporation or a company, firm or association shall be found guilty of a violation of this act, it shall be punished by a fine in any sum not less than five hundred dollars ($500), nor more than two thousand dollars ($2,000), for the first offense; and for the second offense not less than two thousand dollars ($2,000), nor more than five thousand dollars ($5,000); and for the third offense not less than five thousand dollars ($5,000), nor more than ten thousand dollars ($10,000); and for every subsequent offense and conviction thereof, shall be liable to a fine of fifteen thousand dollars ($15,000): Provided, that in all cases under this act either party shall have the right of trial by jury. (1)

269d. OFFICERS, INDIVIDUALS, ETC., VIOLATING ACT-PENALTY.] § 4. Any president, manager, director or other officer or agent or receiver of any corporation, company, firm or association, or any member of any company, firm or association, or any individual, found guilty of a violation of the first section of this act, may be punished by a fine of not less than two hundred dollars ($200), nor to exceed one thousand dollars ($1,000), or be punished by confinement in the county jail not to exceed one year, or both, in the discretion of the court before which such conviction may be had. (1) 269e. AGREEMENT IN VIOLATION OF ACT VOID.] § 5. Any contract or agreement in violation of any provision of the preceding sections of this act shall be absolutely void. (1)

269f. PURCHASER IN VIOLATION OF ACT NOT LIABLE FOR PRICE.] § 6. Any purchaser of any article or commodity from any individual, company or corporation transacting business contrary to any provision of the preceding sections of this act shall not be liable for the price or payment of such article or commodity, and may plead this act as a defense to any suit for such price or payment. (1)

269g. FINES VERDICT-FINDING EVIDENCE.] § 7. The lines hereinbefore provided for may be recovered in an action of debt, in the name of the People of the State of Illinois. If, upon the trial of any cause instituted under this act to recover the penalties as provided for in section three, the jury shall find for the people, and that the defendant has been before convicted of a violation of the provisions of this act, they shall return such finding with their verdict, stating the number of times they find defendant so convicted, and shall assess and return with their verdict the amount of the fine to be imposed upon the defendant in accordance with said section three: Provided, that in all cases under the provisions of this act, a preponderance of evidence in favor of the people shall be sufficient to authorize a verdict and judgment for the people. (1)

269 h. SECRETARY TO INQUIRE WHETHER CORPORATION HAS ANY INTEREST IN TRUST. 7a. It shall be the duty of the Secretary of State, on or about the first day of September of each year, to address to the president, secretary or treasurer of each incorporated company doing business in this State whose post office address is known or may be ascertained a letter of inquiry as to whether the said corporation has all or any part of its business or interest in or with any trust, combination or association of

(1) AN ACT to provide for the punishment of persons, copartnerships or corporations forming pools, trusts and combines, and mode of procedure, and rules of evidence in such cases. [Approved June 11, 1891. In force July 1, 1891. L. 1891, p. 206; Legal News Ed., p. 78.]

persons or stockholders, as named in the preceding provisions of this act, and to require an answer, under oath, of the president, secretary or treasurer, or any director of said company; a form of affidavit shall be enclosed in said letter of inquiry, as follows:

AFFIDAVIT.

I. do solemnly swear that I am the treasurer or director) of the corporation known and styled ....... ander the laws of ..... on the.....

.... day of

........................................... (president, secretary, .............. duly incorporate.i

18.... and now transacting or conducting business in the State of Illinois, and that I am duly authorized to represent said corporation in the making of this affidavit; and I do further solemnly swear that the said known and styled as aforesaid, has not, since the ....... day of (naming the day upon which this act takes effect) created, entered into or become a member of or a party to, and was not, on the....... ........... day of.... ........... nor at any day since that dite, and is not now, a member of or a party to any pool, trust, agreement, combination, confederation or understanding with any other corporation, partnership, individual or any other person or association of persons, to regulate or fix the price of any article of merchan dise or commodity; and that it has not entered into or become a member of or a party to any pool, trust, agreement, contract, combination or confederation to fix or limit the amount or quantity of any article, commodity or merchandise to be manufac tured, mined, produced or sold in this State; and that it has not issued and does not own any trust certificates, and for any corporation, agent, officer or employe or for the directors or stockholders of any corporation, has not entered into and is not now in any combination, contract or agreement with any person or persons, corporation or corporations, or with any stockholder or di rector thereof, the purpose and effect of which said combination, contract or agreement would be to place the management or control o such combination or combinations, or the manufactured product thereof, in the hands of any trustee or trustees with the intent to limit or tix the price or lessen the production and sales of any article of commerce, use or consumption, or to prevent, restrict or diminish the manufacture or output of any such article.

And on refusal to make oath in answer to said inquiry, or on failure to do so within thirty days from the mailing thereof, the Secretary of State shall certify that fact to the Attorney General whose duty it shall be to direct the State's Attorney of the county wherein such corporation or corporations are located, and it is hereby made the duty of the State's Attorney, under the direction of the Attorney General, at the earliest practicable moment, in the name of the People of the State of Illinois, and at the relation of the Attorney General, to proceed against such corporation for the recovery of a penalty of fifty dollars for each day after such refusal to make oath, or failure to make said oath within the thirty days from the mailing of said notice. Or the Attorney General may, by any proper proceedings in a court of law or chancery proceed upon such failure or refusal to forfeit such charter of such incorporated company or association incorporated under the general laws or by any special law of this State, and to revoke the rights of any foreign corporation located herein to do business in this State. [Added by act approved June 20, 1893. In force July 1, 1893. L. 1893, P. 90; Legal News Ed., p. 65.

2691. SECRETARY TO DEMAND AFFIDAVIT FROM CORPORATION.] § 7b. It shall be the duty of the Secretary of State, at any time, upon satisfactory evidence that any company or association of persons, duly incorporated under the laws of this or any other State, doing business in this Sate, has entered into any trust, combination or association in violation of the preceding sections of this act, to demand that it shall make the affidavit, as above set forth in this act, as to the conduct of its business. In case of failure of compliance on the part of the corporation, then the same procedure shall ensue as is provided in section 7a of this act; Provided, That no corporation, firm, association or individual shall be subject to any criminal prosecution by reason of anything truthfully disclosed by the affidavit required by this act, or truthfully disclosed in any testimony elicited in the execution thereof.

The Secretary of State is hereby authorized and required to charge and collect of each corporation, a fee of one dollar for receiving and filing the affidavit herein provided for, to be accounted for as other fees received by him. To enable the Secretary of State to discharge the additional duties devolving upon him in the execution of this act there is hereby appropriated out of any funds in the State Treasury not otherwise appropriated, or so much thereof as may be necessary, the sum of six thousand dollars per annum, payable to the Secretary of State on his order upon proper vouchers as required by law: Provided, that corporations organized under the Building, Loan and Homestead Association laws of this State are excluded from the provisions of this act. [Added by act approved June 20, 1893. In force July 1, 1893. L. 1893, p. 91; Legal News Ed., p. 65.

269 j. ACT, HOW ENFORCED-INFORMER-FINES, TO WHOM PAID.] § 8. It shall be the duty of the prosecuting attorneys in their respective jurisdictions, and the Attorney General, to enforce the foregoing provisions of this act, and any prosecuting attorney of any county, securing a conviction under the provisions of this act, shall be entitled to such fee or salary as by law he is allowed for such prosecution. When there is a conviction under this act the informer shall be entitled to one-fifth of the fine recovered, which shall be paid him when the same is collected. All fines recovered under the provisions of this act shall be paid into the county treasury of the county in

which the suit is tried, by the person collecting the same, in the manner now provided by law to be used for county purposes.

TRUSTS AND CONSPIRACIES AGAINST TRADE.

269 k. DEFINES A TRUST.] § 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That a trust is a combination of capital, skill or acts by two or more persons, firms, corporations or associations of persons, or of two or more of them for either, any or all of the following purposes: First-To create or carry out restrictions in trade. Second-To limit or reduce the production, or increase or reduce the price of merchandise or commodities. Third-To prevent competition in manufacture, making, transportation, sale or purchase of merchandise, produce or commodities. Fourth-To fix at any standard or figure whereby its price to the public shall be in any manner controlled or established upon any article or commodity of merchandise, produce or manufacture intended for sale, use or consumption in this State; or to establish any pretended agency whereby the sale of any such article or commodity shall be covered up and made to appear to be for the original vendor, for a like purpose or purposes, and to enable such original vendor or manufacturer to control the wholesale or retail price of any such article or commodity atter the title to such article or commodity shall have passed from such vendor or manufacturer. Fifth-To make or enter into, or examine or carry out any contract, obligation or agreement of any kind or description by which they shall bind or have bound themselves not to sell, dispose of, or transport any article or commodity, or article of trade, use, merchandise, commerce or consumption below a common standard figure, or card or list price, or by which they shall agree in any manner to keep the price of such article, commodity or transportation at a fixed or graduated figure, or by which they shall in any manner establish or settle the price of any article or commodity or transportation between them or themselves and others to preclude a free and unrestricted competition among themselves or others in the sale or transportation of any such article or commodity, or by which they shall agree to pool, combine or unite any interest they may have in connection with the sale or transportation of any such article or commodity that its price might in any manner be affected. (1)

2691. FORFEITURE OF FRANCHISE.] 2. That any corporation holding a charter under the laws of this State which shall violate any of the provisions of this act shall thereby forfeit its charter and franchise, and its corporate existence shall cease and determine.

269 m. DUTY OF ATTORNEY-GENERAL TO PROSECUTE.] § 3. For a violation of any of the provisions of this act by any corporation mentioned herein it shall be the duty of the Attorney-General or prosecuting attorney, upon his own motion to institute suit or quo warranto proceedings at any county in this State [in] which such corporation exists, does business, or may have a domicile, for the forfeiture of its charter rights and franchise, and the dissolution of its corporate existence. (1)

269 n. FOREIGN CORPORATION-VIOLATING-PENALTIES.] § 4. Every foreign corporation violating any of the provisions of this act is hereby denied the right and prohibited from doing any business within this State, and it shall be the duty of the Attorney-General to enforce this provision by injunction or other proper proceedings, in any county in which such foreign corporation does business, in the name of the State on his relation. (1)

2690. VIOLATION OF SECTION DECLARED TO BE CONSPIRACY.] 85. Any violation of either or all of the provisions of section 1 of this act shall be and is hereby declared to be a conspiracy against trade, and a misdemeanor; and any person who may be or may become engaged in any such conspiracy or take part therein or aid or advise in its commission, or who shall, as principal, manager, director, agent, servant, or employe, or in any other capacity knowingly carry out any of the stipulations, purposes, prices, rates, orders thereunder or in pursuance thereof shall be punished by fine not less than two thousand dollars nor more than five thousand dollars. (1)

269 p. INDICTMENT FOR OFFENSE.] 6. In any indictment or information for any offense named in this act it is sufficient to state the purposes and effects of the trust or combination, and that the accused was a member of, acted with or in pursuance of it, without giving its name or description, or how or where it was created."

(1) An Act to define trusts and conspiracies against trade, declaring contracts in violation of the provisions of this act vold and making certain acts in violation thereof misdemeanors, and prescribing the punishment therefor and matters connected therewith. [Approved June 20, 1893. In force July 1, 1893. L. 1893, p. 182; Legal News Ed., p. 66

269 q. EVIDENCE IN PROSECUTIONS.] § 7. In prosecutions under this act it shali be sufficient to prove that a trust or combination as defined herein exists, and that the defendant belonged to it or acted for or in connection with it, without proving all the members belonging to it, or proving or producing any article of agreement or any written instrument on which it may have been based, or that it was evidenced by any written instrument at all. (1)

269 r. CONTRACTS VOID.] § 8. That any contract or agreement in violation of the provisions of this act shall be absolutely void and not enforceable either in law or equity. (1)

269 s. Nor TO APPLY TO AGRICULTURAL PRODUCTS.] § 9. The provisions of this act shall not apply to agricultural products or live stock while in the hands of the producer or raiser. (1)

269 t. PURCHASER LIABLE.] § 10. Any purchaser of any article or commodity, from any person, firm, corporation or association of persons, cr of two or more of them, transacting business contrary to any provision of the preceding sections of this act, shall not be liable for the price or payment of such article or commodity and may plead this act as a defense to any suit for such price or payment. (1)

VAGABONDS.

270. VAGABONDS-WHAT SHALL CONSTITUTE.] $270. All persons who are idle and dissolute, and who go about begging; all persons who use any juggling or other unlawful games or plays; runaways; pilferers; confidence men; common drunkards; common night-walkers; lewd, wanton and lascivious persons, in speech or behavior; common railers and brawlers; persons who are habitually neglectful of their employment or their calling, and do not lawfully provide for themselves, or for the support of their families; and all persons who are idle or dissolute and who neglect all lawful business, and who habitually mis-spend their time by frequenting houses of ill-fame, gaming houses or tippling shops; all persons lodging in or found in the night-time in out-houses, sheds, barns or unoccupied buildings or lodging in the open air, and not giving a good account of themselves; and all persons who are known to be thieves, burglars or pickpockets, either by their own confession or otherwise, or by having been convicted of larceny, burglary, or other crime against the laws of the state, punishable by imprisonment in the state prison, or in a house of correction of any city, and having no lawful means of support, are habitually found prowling around any steamboat landing, railroad depot, banking institution, broker's office, place of public amusement, auction room, store, shop or crowded thoroughfare, car or omnibus, or at any public gathering or assembly, or lounging about any court room, private dwelling houses or out-houses, or are found in any house of ill-fame, gambling house, or tippling shop, shall be deemed to be and they are declared to be vagabonds. [As amended by act approved April 27, 1877. In force July 1, 1877. R. S. 1845, p. 175, § 138; L. 1877, p. 87; Legal News Ed., p. 90.

271. How PUNISHED.] § 271. It shall be the duty of the sheriff, constable, city marshal and police officers of any county, town, village, city or other municipality in this state, to arrest upon view, or acting at the request of any person: Provided, such person shall have first made a written complaint and obtained a warrant from an officer authorized to issue one for the arrest of any such vagabond, to arrest and bring before the nearest justice of the peace or police justice, any such vagabond wherever he may be found, for the purpose of an examination; and the said sheriff, constable, city marshal, police officer or other officer, shall then and there make complaint against such vagabond; and the said justice of the peace or police justice shall, within thirty-six hours thereafter, proceed to try the person accused of being a vagabond; and if he pleads guilty, or if he be found guilty, the said justice of the peace, or police justice may sentence the said vagabond to imprisonment at hard labor upon the streets or high ways or in the jail, calaboose or other building used for penal purposes of the county town, village, city or other municipality in which such vagabond was convicted, or to the house of correction of any city having a contract with such county for the care of prisoners, for a term of not less than ten days and not exceeding six months in the discretion of the said justice of the peace or police justice; or the said justice of the peace or police justice may sentence the said vagabond to pay a fine of not less than twenty dollars, nor more than one hundred dollars, and costs of suit; and in default of the immediate payment of said fine and costs so imposed, said vagabond shall thereupon be sentenced to imprisonment at hard labor in said jail, calaboose, or other building used for penal purposes, or in said house of correction or on the streets or public highways, for a term of not less than five days, nor more than six months, by the said justice of the peace or

police justice. In all complaints under this act the complainant shall set forth the name of the offending person if he can obtain the same; the place and date of the offense, and shall also set forth such other facts as will, if substantiated by competent witnesses, establish the guilt of the prisoner. The justice may cause to be subpoenaed such witnesses as the defendant may request, and may be found within the jurisdiction of such officer issuing such writ of arrest, and the complaint shall be signed and sworn to by the complainant. In all cases under this act the justice shall make a full record of the case giving the date of the complaint, and of the offense, name of the defendant, if known, and character of the charge; the names of all witnesses examined and his findings, together with all other proceedings had in the case; and when he shall commit any vagabond to the jail, calaboose, or other building used for penal purposes, as hereinbefore stated, or to the house of correction of any city, he shall make out a mittimus and sign the same, directing the same in the name of the People of the State of Illinois, to the sheriff of the county, or to the superintendent of the house of correction of the city or to any officer having charge of any such jail, calaboose or building used for penal pur poses as aforesaid, as the case may be, which said mittimus must show the date of the charge, name of the complainant, name of the defendant if known, the offense charged, names of all witnesses examined, date and place of trial, the finding of the court, and the sentence imposed; and it shall command the said sheriff or the said superintendent of the house of correction or any other such officer as aforesaid as the case may be, to receive and to keep the body of the said defendant, as said mittimus may provide until the expiration of the time specified in the sentence, or until he be discharged by due process of law, which said mittimus shall be sufficient warrant to the said sheriff or to the said superintendent of the house of correction, or other officer as the case may be, to hold the body of the said defendant, as by the terms of sentence as in such mittimus commanded: Provided, that nothing herein shall be construed to prohibit the officer in charge of any such jail, calaboose, house of correction or other building used for penal purposes, from compelling such prisoner to work at reasonable labor for the benefit of any such county, town, village, city or other municipality wherein said prisoner may have been convicted. [As amended by act approved April 27, 1877. In force July 1, 1877. L. 1877, p. 87; Legal News Ed., p. 91.

WITNESSES.

272. CAUSING WITNESS TO ABSCOND OR SECRETE HIMSELF.] 272. Whoever, by hiring, persuasion, or otherwise, induces any witness in any criminal cause, or any person having knowledge of any fact tending to show the guilt or innocence of any person suspected or charged with having committed a crime, to leave the state or secrete himhimself so that he cannot be produced as a witness at any examination or trial of the person so suspected or charged, or whoever having knowledge of any fact tending to show the guilt or innocence of any person suspected or charged with having committed a crime, takes any money or valuable consideration or gratuity, or promise therefor, upon an agreement or understanding, expressed or implied, not to testify or give evidence of such fact, or to leave the state, or to secrete himself so that he cannot be produced as a witness at any examination or trial of the person so suspected or charged shall be fined not exceeding $1,000 or confined in the county jail not exceeding one year, or both. [As amended by act approved May 22, 1877. In force July 1, 1877. L. 1877, p. 89;

MALICIOUS MISCHIEF.

(See 2 186-205.)

272a. INJURING ICE.] 273. Whoever willfully and maliciously injures, mars, floods or otherwise damages or destroys any ice forming, formed or being upon any waters within this State from which ice is or may be taken as an article of merchandise, whereby the taking thereof is hindered or the value thereof diminished for that purpose, or whoever willfully and maliciously incites or procures another so to do, shall be fined not exceeding $500, or confined in the county jail not exceeding one year, or both, according to the nature and aggravation of the offense. [Added by act approved June 18, 1883. In force July 1, 1883. L. 1883, p. 76; Legal News Ed., p. 70. *393]

DIVISION II.

GENERAL PROVISIONS.

273. ATTEMPT TO COMMIT AN OFFENSE.] 1. Whoever attempts to commit any offense prohibited by law, and does any act towards it but fails, or is intercepted or prevented in its execution, where no express provision is made by law for the punishment of such attempt, shall be punished, when the offense thus attempted is a felony, by