(520 ILCS 5/1.21) (from Ch. 61, par. 1.21)
Sec. 1.21.
Whenever any authorized employee of the Department, sheriff, deputy
sheriff or other peace officer of the State shall have reason to believe
that any person, commercial institution, commission house, restaurant or
cafe keeper, has in his or her, or its possession any wild birds or any
part thereof (their nests or eggs), or wild mammals or any part thereof,
contrary to the provisions of this Act, including administrative rules, he
may file, or cause to be filed, his sworn complaint to such effect, before
the Circuit Court and procure a search warrant and execute the same. Upon
the execution of such search warrant, the officer executing same shall make
due return thereof to the court issuing the same, together with an
inventory of all the wild birds or any part thereof (their nests or eggs),
or wild mammals or any part thereof, taken thereunder. The court shall
thereupon issue process against the party owning, controlling or
transporting the wild birds or any part thereof (their nests or eggs), or
wild mammals or any part thereof, seized, and upon the return thereof it
shall proceed to determine whether or not the same were held, possessed, or
transported in violation of this Act, including administrative rules, and
in case of a finding to the effect that the same were illegally held,
possessed, transported or sold, a judgment shall be entered against the
owner or party found in possession of the same for the costs of the
proceeding and providing for the disposition of the property seized, as
provided for by the terms hereof.
(Source: P.A. 85-152.)
|