Sec[Section] 1 Bet it enacted by the people of the State of Illinois represented in the General Assembly.

That whenever any drover or other person or persons engaged in driving Horses, Cattle, Mules, Hogs, or Sheep; through any part of the State of Illinois, shall drive off or shall knowingly and willingly suffer or permit to be driven off from the premises of any Citizen of said State or from the range in which the Stock of any such Citizen usually runs, to any distance exceeding five miles from such premises or range any Horses, Mules, neat Cattle, Hogs[,] or Sheep belonging to such Citizen, it shall be lawful for the owner of any such stock so driven off to follow and reclaim the same wherever it may be found, and for the taking and driving away or suffering or permiting to be driven away of such stock, the said owner shall be entitled to recover of and from said drover or other person or persons guilty thereof, for each head of Horses, mules, neat Cattle, Hogs[,] or sheep so driven away, twice the value thereof, to be recovered in an action of debt before any justice of the Peace of the proper County or any Court having competent jurisdiction thereof; Provided however that if the Drover shall not pass any habitation within said five miles, and shall separate said Cattle or other stock from the drove at the next habitation, in such case said action shall not accrue to the owner of the said property.

Sec 2 In any action commenced under the first Section of this act a capias ad respondendum may issue against the defendant or defendants, uppon the plaintiff stating on oath that he believes some one or more of his Cattle or other Stock, has been driven off by a drover and that he believes the same to be of a certain value, to be endorsed on the Writ

---

and the proceedings thereon shall be the same as in other actions commenced by Capias; provided however that no exception shall be taken to the form of the oath aforesaid

Sec 3 Whenever judgment shall be rendered against any person or persons, under the provisions of this act, by any Justice of the Peace, a fi fa[fieri facias] may issue thereon, against the goods and chattels, of any such defendant or defendants, without affidavit, as required in other cases.

This act to take effect, from and after the first day of June next.