covery.

other stock from the drove at the next habitation, in such case, said action shall not accrue to the owner of the said property. Action for re- § 2. In any action commenced under the preceding section, a capias may issue against the defendant or defendants, upon the plaintiff stating, on oath, that he believes some one or more of his cattle or other stock has been driven off by a drover, and that he believes the same to be of a certain value, to be indorsed on the writ; and the proceedings thereon shall be the same as in other actions commenced by capias: Provided, however, that no exception shall be taken to the form of the oath aforesaid.

Judgment.

3. Whenever judgment shall be rendered against any person, under the provisions of this chapter, a fieri facias may issue thereon immediately, unless an appeal shall at once be perfected against the goods and chattels of any such defendant, without affidavit, as required in other cases. Allowed to re- 4. That whenever any drover or other person engaged main in drove. in herding or driving any horses, cattle, sheep, mules or hogs, in any part of this state, shall permit any of the before named stock to remain with his drove for a longer period than two days and nights, at any one time, he shall be subject to the same penalties which are imposed in the first section of this chapter: Provided, that the penalties in relation to herding shall not apply, except in cases where the same are confined within inclosures.

Drive through herd.

"Herd."

Acts repealed.

§ 5. Any person or persons who shall ride or drive faster than a walk, into or through a herd of horses or other stock, which are being herded or driven, shall, on conviction before any justice of the peace having jurisdiction, pay a fine not less than three dollars nor more than twenty dollars for each offense, one-half to the informer, the balance to the common school fund of the township.

§ 6. The term "herd," as used in section five of this act, shall be taken to mean "five" or more.

$7. That chapter thirty-five, of the Revised Statutes of 1845, entitled "Drovers," and "An act to amend an act entitled an act to prevent the unlawful driving away of cattle and other stock by drovers and other persons,' approved February 3, 1841," approved February 27, 1845, and all other acts in couflict with this act, are hereby repealed. APPROVED March 15, 1872.

DRUGS AND MEDICINES.

AN ACT to prevent the sale of drugs or medicines designed to procure crim- In force July 1, inal abortion.

1872.

To be sold on

scription.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That no druggist, dealer in medicines, or any other person in this written state, shall sell to any person or persons any drug or medicine known or presumed to be ecbolic or abortifacient, except upon the written prescription of some well known and respectable practicing physician. And any druggist or dealer in medicines filling such prescription shall, in a book especially provided for that purpose, correctly register the name of the physician prescribing, the person to whom sold, the name of the medicine or medicines, and the amount, together with the date of the sale.

pre

use of females.

82. No druggist, dealer in medicine, or any other per- Medicines for son, shall keep on hand or in any manner advertise or expose for sale, or sell, any pills, powders, drugs or combination of drugs, designed expressly for the use of females, in any other manner or form than that hereinafter described, to-wit: The proprietor of any such pill, powder, drug or combination of drugs, shall submit, under oath, a true statement of the formula by which the same is compounded, to five well known and respectable practicing physicians in the county where the same is proposed to be sold. If the said five physicians unanimously agree that the proposed formula. is not of an abortifacient character, they shall issue their certificate, under oath, to that effect, a copy of which shall be kept, with the formula attached, for the inspection of any person desiring to see the same, by the druggist or dealer in medicine proposing or desiring to keep for sale such medicine; and this shall be his full warrant for such sale: Provided, this section shall not be taken or construed to apply. to such compounds as are known as "officinal."

§ 3. Any person or persons violating any of the provi- Penalty. sions of this act, shall, upon conviction thereof, be punished by a fine of not less than fifty nor more than five hundred dollars, or by imprisonment in the county jail for not less than thirty days or more than six months, for each and every offense, or by both.

APPROVED March 27, 1872.

EJECTMENT.

In force July 1, 1872.

AN ACT in regard to the practice in actions of ejectments.

SECTION 1. Be it enacted by the People of the State of Illinois, represented in the General Assembly, That the How brought. action of ejectment shall be retained, and may be brought in the cases and the manner heretofore accustomed, subject to the provisions hereinafter contained.

Other cases.

Lease

United

§ 2. It may also be brought: 1st. In the same case in which a writ of right may now be brought by law, to recover lands, tenements or hereditaments, and by any per son claiming an estate therein, in fee for life or for years either as heir, devisee or purchaser.

from § 3. In all cases in which any person has heretofore e States tered upon and occupied, or shall hereafter enter upon an

or this state.

Valid interest required.

Joint tenants.

Actual occupants.

When not occupied.

Fictitious

names.

occupy, any lands, ténements or hereditaments within this state, by virtue of any lease or permit from the Unite States or this state, such person, his, her or their heirs assigns, may have and maintain an action of ejectme against any person who has or may enter upon such land tenements or hereditaments without the consent of s lessee, his, her or their heirs or assigns; and proof of right of possession shall be sufficient to authorize a re covery.

§ 4. No person shall recover in ejectment, unless he ha at the time of commencing the action, a valid subsisting terest in the premises claimed, and a right to recover same, or to recover the possession thereof, or of some share interest or portion thereof, to be proved and established the trial.

§ 5. Any two or more persons claiming the same prem ises as joint tenants, tenants in common or co-parceners, m join in a suit for the recovery thereof, or any one may alone for his share.

6. If the premises for which the action is brought actually occupied by any person, such actual occupant be named defendant in the suit; and all other perso claiming title or interest to or in the same, may also joined as defendants.

87. If the premises are not occupied, the action sh be brought against some person exercising act of ownersh on the premises claimed, or claiming title thereto, or ed interest therein, at the commencement of the suit.

§ 8. The use of fictitious names of plaintiffs or defen ants, and of the names of any other than the real claims and the real defendants, and the statements of any lease

EJECTMENT.

lemise to the plaintiff, and of an ejectment by a casual or 10minal ejector, are hereby abolished.

§ 9. The action of ejection shall be commenced by sum- Summons. nons, which shall be in like form, and be issued, tested, erved and returned as other summons at law.

rations.

§ 10. The time of filing declarations in actions of eject-Filing declnnents shall be the same as in other actions at law; and the ules of pleading and practice in other actions shall apply o actions of ejectment so far as they are applicable and except as is otherwise provided.

Possession by

§ 11. It shall be sufficient for the plaintiff to aver in his leclaration, that (on some day therein to be specified, and plaintiff. which shall be after his title accrued) he was possessed of the premises in question (describing them as hereinafter provided,) and being so possessed thereof, that the defendant afterwards (on some day to be stated) entered into such premises, and that he unlawfully withholds from the plaintiff the possession thereof, to his damage any nominal sum the plaintiff shall think proper to state.

described.

§ 12. The premises so claimed shall be described in Premises to be such declaration with convenient certainty, so that, from such description, possession of the premises claimed may be delivered. If such plaintiff claims any undivided share or interest in any premises, he shall state the same particularly in such declaration; but the plaintiff, in any case, may recover such part, share or interest in the premises as he shall appear on the trial to be entitled to.

13. In every case the plaintiff shall state whether he claims in fee, or whether he claims for his own life, or the life of another, or for a term of years, specifying such life or the duration of such term.

Statement of

claim.

§ 14. The declaration may contain several counts, and Counts. several parties may be named as plaintiffs, jointly in one

count and separately in others.

duce authority.

§ 15. A defendant in ejectment may, at any time before Plaintiff to propleading, apply to the court, or to any judge thereof in vacation, to compel the attorney for the plaintiff to produce to such court or judge his authority for commencing the action in the name of any plaintiff therein. Such application shall be accompanied by an affidavit of the defendant, that he has not been served with proof, in any way, of the authority of the attorney to use the name of the plaintiff stated in the declaration.

$16. Upon such application the court or judge shall grant an order requiring the production of such authority, and shall stay all proceedings in the action until the same shall be produced. Any written request of such plaintiff or his agent to commence such action, or any written recognition of the authority of the attorney to commence the same, duly proved by the affidavit of such attorney or other competent witness, shall be sufficient presumptive evidence, of

Court to order production.

Tenant.

Landlord.

Defendant may demur.

Consent rule.

Plea of not

guilty.

Special plea.

Actual entry.

Lease.

such authority. If it shall appear that, previous to such application by any defendant, he was served with a copy of the affidavit of the plaintiff's attorney, showing his authority to bring such action, such application shall be dismissed, and such defendant shall be liable for the costs of such application.

§ 17. Every tenant who shall, at any time, be sued in ejectment by any person other than his landlord, shall forthwith give notice thereof to his landlord, or to his agent or attorney, under the penalty of forfeiting two years rent of the premises in question, or the value thereof, to be recovered by such landlord by action of debt, in any court having cognizance thereof.

18. The landlord, whose tenant is sued in ejectment, may, upon his own motion or that of the plaintiff, be made defendant in such action, upon such terms as may be ordered by the court.

§ 19. The defendant may demur to the declaration, as in personal actions, or he shall plead the general issue, which shall be, that the defendant is not guilty of unlawfully withholding the premises claimed by the plaintiff, as alleged in the declaration; and the filing of such plea or demurrer shall be deemed an appearance in the cause, and upon such plea the defendant may give, in evidence, any matter that may tend to defeat the plaintiff's action, except as hereinafter provided.

§ 20. The consent rule, heretofore used, is hereby abolished.

§ 21. The plea of not guilty shall not put in issue the possession of the premises by the defendant, or that he claims title or interest in the premises.

22. It shall not be necessary for the plaintiff to prove that the defendant was in possession of the premises, or claims title or interest therein at the time of bringing the suit, or that the plaintiff demanded the possession of the premises, unless the defendant shall deny that he was in such possession, or claims title or interest therein, or that demand of possession was made, by special plea, verified by affidavit.

23. It shall not be necessary for the plaintiff to prove an actual entry under title, nor the actual receipt of any of the profits of the premises demanded; but it shall be suffiGent for him to show a right to the possession of such premises at the time of the commencement of the suit, as heir, devisee, purchaser or otherwise.

84. It shall not be necessary on the trial for the defendant to confess, nor for the plaintiff to prove lease, entry and ouster, or either of them, except in actions by one or more tenants in common, or joint tenants against their cotenants; but this section shall not be construed to impair, nor in any way to affect, any of the rules of evidence now