'^^'^ Illinois State Dairymen's Association. 



ment for such registered notice shall be received as priina facie 

 e\'idence that such notice has been given. The party, or parties, 

 so notified, shall be given an opportunity to be heard under such 

 rules and regulations as may be prescribed as aforesaid. Notices 

 shall specify the date, hour and place of the hearing. The hear- 

 ing shall be private, and the parties interested therein may appear 

 in person or by attorney. If, after such hearing, the commis- 

 sioner shall believe this Act has been violated, he shall cause 

 the party, or parties, whom he believes to be guilty, to be prose- 

 cuted forthwith, under the provisions of this Act. No action or 

 prosecution shall be instituted against any person for a violation 

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

 commenced within ninety days from the taking of said sample. 



Sec. 41. 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 ofTense 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 a? 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, cornmanding 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 of^cer, 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, 



