ILLINOIS STATE DAIRYMEN'S ASSOCIATION 251 



of the provisions of this Act, unless the same shall have been 

 commenced within ninety days from the taking of said sample. 



Sec. -il. Penalty.) Any person convicted of violating any 

 of the provisions of the foregoing act shall, for the first offense, 

 be punished by a fine in any sum not less than fifteen (15) dol- 

 lars, and not more than one hundred (100) dollars, or by im- 

 prisonment in the county jail not exceeding thirty days, or by 

 both such fine and imprisonment, in the discretion of the Court, 

 and for the second and each subsequent offense by a fine of not 

 less than twenty-five (25) dollars and not more than two hundred 

 (200) dollars, or by imprisonment in the county jail not exceed- 

 ing one year, or both, in the discretion of the Court; or 

 the fine above may be sued for and recovered before any justice 

 of the peace or any other court of competent jurisdiction in the 

 county where the offense shall have been committed, at the in- 

 stance of the State Food Commissioner or any other person in 

 the name of the People of the State of Illinois as plaintiff and 

 shall be recovered in an action of debt. 



Sec. 42. Judgment — Issuing Capias.) When the rendi 

 tion of the judgment imposes a fine as provided in any of the sec- 

 tions of this Act, it shall be the duty of the Justice of the Peace or 

 other court rendering such judgment also to render a judgment 

 for costs and such Justice of the Peace or other court shall forth- 

 with issue a capias or warrant of commitment against the body 

 of the defendant, commanding that unless the said fine and costs 

 be forthwith paid the defendant shall be committed to the jail of 

 the county and the constable or other officer, to whose hands said 

 capias or warrant shall come, shall in default of such payment, 

 arrest the defendant and commit him to the jail of the county, 

 there to remain as provided in Section 171 of '^\n Act to revise 

 the law in relation to criminal jurisprudence,' in force July 1, 

 1885, unless such fine and costs shall sooner be paid. 



Sec. 43. Repeal.) All acts and parts of acts inconsistent 

 with this act are hereby repealed: Provided, That nothing in 

 this act contained shall be construed as repealing the act entitled, 

 *'An Act to regulate the manufacture and sale of substitutes for 



