296 ILLINOIS STATE DAIRYMEN'S ASSOCIATION. 



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 prosecuted 

 forthwith, under the provisions of this Ac't. No action or pros- 

 ecution shall be instituted against any person for a violation of 

 the provisions of this Act unless the same shall have been com- 

 menced within ninety days from the taking of said sample. 



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) dol- 

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

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

 such fine and imprisonment, in the discretion of the court, aaJ 

 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 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 recov- 

 ered 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 .'^^'all 

 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 

 jail of the county and the constable or other ofiicer, to whose 



