-Assault with intent to commit, 225-485. -What necessary to constitute offense, 246-9; 225-485. MOTOR VEHICLES. (See Also Highways Part II). Section 1. Tampering with. Be it enacted by the People of the State of Illinois, represented in the General Assembly: That it shall be unlawful for any person, intentionally and without authority from the owner, to start or cause to be started the motor of any motor vehicle, or to maliciously shift or change the starting device or gears of a standing motor vehicle, to a position other than that in which it was left by the owner or driver of said motor vehicle; and it shall be unlawful to intentionally cut, mark, scratch or damage the chassis, running gear, body, sides, top, covering or upholstering of any motor vehicle, the property of another, or to intentionally cut, mash, mark, destroy or damage such motor vehicle, or any of the accessories, equipment, appurtenances or attachments thereof, or any spare or extra parts thereon being or thereto attached, without the permission of the owner thereof, or to intentionally release the brake upon any standing motor vehicle, with intent to injure said machine or cause the same to be removed without the consent of the owner. Any person who shall violate any of the provisions of this Act shall, upon conviction thereof, be confined in the county jail, or sentenced to labor in the workhouse of the county, city or town where the conviction is had, or on the streets or alleys of the city or on the public roads in the county, or to such labor under the direction of the sheriff, as the county board may provide for, not exceeding one (1) year, or fined not exceeding two hundred ($200.00) dollars, or both. The words "motor vehicle" shall include automobiles, locomobiles and all other vehicles propelled otherwise than by muscular power, except motor bicycles, traction engines and road rollers, the cars of electric and steam railways and other motor vehicles running only upon rails or tracks. Every person holding 208. Omission and Malfeasance. any public office, (whether state, county or municipal,) trust or employment, who shall be guilty of any palpable omission of duty, or who shall be guilty of diverting any public money from the use or purpose for which it may have been appropriated or set apart by or under authority of law, or who shall be guilty of contracting directly or indirectly, for the expenditure of a greater sum or amount of money than may have been, at the time of making the contracts, appropriated or set apart by law or authorized by law to be contracted for or expended upon the subject matter of the contracts, or who shall be guilty of willful and corrupt oppression, malfeasance or partiality, where no special provision shall have been made for the punishment thereof, shall be fined not exceeding $10,000, and may be removed from his office, trust or employment. -Error in judgment is not an offense, 1 Gil 4. -Indictment of justice of peace-sufficiency of, 1 Seam 128. -Falsely assuming to be, 57-241; 156-301. Public Contracts. 1. That whenever the General Assembly shall pass any enactment for the construction or repair of any public work or improvement, of the state, of any character or name whatsoever, and the said enactment, shall have become a law, and plans, specifications and estimates for the construction or repair of said public work or improvement have been submitted to and approved by the authorities designated in said law, and an appropriation has been made to defray the estimated expense thereof; any person or persons, commissioner or commissioners, or other officer or officers, entrusted with the execution of said public work or improvement, who shall so change, alter or modify, or permit or connive at such change, alteration or modification by any person or persons under his or their direction or control, directly or indirectly, so as to incur a greater cost and expense in the construction or repair of such public work or improvement, than was specified by the law authorizing it, and the appropriation made in pursuance thereof, shall be deemed guilty of a misdemeanor, and upon conviction thereof, in the manner hereinafter provided, shall be fined in a sum not more than five hundred dollars ($500), or punished by imprisonment in the county jail for a term of not more than twelve months, or by both fine and imprisonment within the limits specified in this section, at the discretion of the court before which he or they may be tried. 2. Any person or persons, commissioner or commissioners, or other officer or officers, entrusted with the construction or repair of any public work or improvement, as set forth in section one (1) of this act, who shall expend or cause to be expended upon such public work or improvement, the whole or any part of the moneys appropriated therefor, or who shall commence work, or in any wise authorize work to be commenced, thereon, without first having obtained a title, by purchase, donation, condemnation or otherwise, to all lands needed for such public work or improvement, running to the People of the State of Illinois; said title to be approved by the attorney general, and his approval certified by the secretary of state and placed on record in his office, shall be deemed guilty of a misdemeanor, and upon conviction, thereof in the manner hereinafter provided, shall be punished by a fine of not more than $500, or by imprisonment in the county jail for a term of not more than one year, or by both fine and imprisonment, at the discretion of the court before which he or they may be tried. 3. Any person or persons, commissioner or commissioners, or other officer or officers, as aforesaid, may be prosecuted in any circuit court of this state, or in any other court having concurrent jurisdiction therewith in criminal cases, on complaint of two or more reputable citizens being filed in the office of the clerk of said court; such complaint to be verified by affi davits. 4. It shall be the duty of the state's attorney of the county in which such complaint and affidavits are filed, to present the same to the grand jury at the next regular term of court after the filing thereof, and if said grand jury shall indict the person or persons so complained of, it shall further be the duty of said state's attorney to prosecute and try the alleged offender or offenders. 209. Intoxication of Officers, etc. That any officer of a town, village, city, county or state, who shall be intoxicated while in discharge of the duties of his office, shall be fined for the first offense the sum of $10, and for the second offense the sum of $20, and for the third offense shall be guilty of a misdemeanor, and, on conviction of such misdemeanor, shall forfeit his office; and in such case the vacancy occasioned thereby shall be filled in the same manner as if such officer had filed his resignation in the proper office, and it had been accepted by the proper officer: Provided, such acceptance shall have been necessary to make the office vacant. The penalties for the first and second offense given by this section, may be recovered in an action of debt, in the name of the People of the State of Illinois, before any justice of the peace of the proper county, and when collected shall be paid to the county superintendent where such offense shall have been committed, for the use of the school fund. 210. Furnishing Liquor to Prisoners. Every person who procures for, furnishes or conveys to any prisoner confined in any jail or city prison, intoxicating or spirituous liquors, shall, upon conviction thereof, for each offense, be fined not exceeding $50, or imprisoned in the county jail not exceeding thirty days, or both, in the discretion of the court-which fine may be recovered in an action of debt, in the name of the People of the State of Illinois, before any justice of the peace of the county where said offense shall have been committed. All fines collected under the provisions of this section shall be paid into the common school fund of the proper county. [See "Jails and Jailers," ch. 75, § 18.] 211. Extortion. If any judge, justice of the peace, sheriff, coroner, constable, police officer, clerk or other officer, state, county, town or municipal, executive, ministerial or judicial, shall willfully or corruptly receive or take any fee or reward to execute or do his duty as such officer, except such as is or shall be allowed by law, or if any such officer shall willfully or corruptly ask or demand as a condition precedent to the performance of his duty as such officer any fee or reward, except such as shall be allowed by law, every such officer so offending shall be fined not exceeding $200, and may be removed from office. 212. Shaving Warrants, etc. If any collector of taxes, county treasurer, or other person authorized to collect, receive or pay out any of the state, county, city or school revenues, shall directly or indirectly, by himself or his agent take, buy, shave, discount or receive any auditor's warrant, county order, or jury certificate, or city or school order, at less than the full sum due thereon, or shall directly or indirectly receive any profit or advantage on account of any other person's buying, shaving or discounting any such warrant, order or jury certificate, such collector, treasurer or other person shall be liable in double the amount made thereby, to be recovered in an action of debt before any court of competent jurisdiction, one-half to the person complaining, and the other half to the school fund of the county where such collector, treasurer or other person may reside. 213. Illegal Fees. (Amended 1877.) If any officer authorized by law to charge or receive fees, salary or pay, shall charge, claim, demand, or take any greater fee, salary or pay, than such as is by law allowed to him for the service performed, or shall charge, claim, demand or take any fee, salary or pay, or shall knowingly charge any fee, salary or pay, when no fee, salary or pay is allowed him by law, or when the services for which such fee, salary or pay is charged, have not been performed by him, or by some other person for him, he shall, on conviction under this section, for the first offense, be fined in any sum not less than twenty-five dollars ($25), nor more than two hundred dollars ($200), and upon conviction for a second or any subsequent offense under this section, he shall forfeit his office and shall be confined in the county jail not less than thirty days, nor more than one year. -Indictment-what must be alleged in, 16 Ill. App. 310. -Amount named by statute controls, 77-596. 214. Illegal Fees Private Remedy. Any officer who violates the provisions of the preceding section shall, in addition to the penalty therein provided, be fined for each item so charged, collected or received, not less than $10, nor more than $100, to be sued for and recovered before any justice of the peace of the proper county, in action of debt, in the name of the People of the State of Illinois, and for the use of the person against whom such fee is charged, or from whom the same is received or collected. -Constable fees for service-outside of county, 89-34. 215. Withholding Funds. If any state, county, town, municipal or other officer or person, who now is or hereafter may be authorized by law to collect, receive, safely keep or disburse any money, revenue, bonds, mortgages, coupons, bank bills, notes, warrants or dues, or other funds or securities belonging to the state, or any county, township, incorporated city, town or village, or any state institution, or any canal, turnpike, railroad, school or college fund, or the fund of any public improvement that now is or may hereafter be authorized by law to be made, or any other fund now in being or that may hereafter be established by law for public purposes or belonging to any insurance or other company or person required or authorized by law to be placed in the keeping of any such officer or person, shall fail or refuse to pay or deliver over the same when required by law, or demand is made by his successor in office or trust, or the officer or person to whom the same should be paid or delivered over, or his agent or attorney, authorized in writing, he shall be imprisoned in the |