THIRTY-EIGHTH ANNUAL CONVENTION 211 



ment for such registered notice shall be received as prima facie 

 evidence 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 ap- 

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

 missioner 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 six months from the taking of said samples. 



Section 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) dollars, and not more than one hundred (100) dollars, or 

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

 by such other 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 exceeding one year, or both, in the discretion of the court; 

 or the fine above may be used for and recovered before any jus- 

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

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

 instance 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. 



Section 42. Judgment — Issuing Capias. — When the rendi- 

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

 sections of this Act, it shall be the duty of the justice of the peace, 

 or other court rendering such judgment also to render a judg- 

 ment -for costs and such justice of the peace or other court shall 

 forthwith 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 



