Sykes v. People

Citations

• 127 Ill. 117
• 2 L.R.A. 461
• 19 N.E. 705
• 1889 Ill. LEXIS 1018

Syllabus

<p>1. Fraudulent warehouse receipts—statutes—title of act relating to penalty. Section 25 of “An act to regulate public warehouses, and the warehousing and inspection of grain,” and to give effect to article 13 of the constitution of this State in the imposition of a penalty or punishment, is not void merely because the particular matter of that section is not embraced in the title of the act. The section is germane to the purposes of the act as stated in its title.</p> <p>2. Same—sections 124 and 125 of the Criminal Code—whether repealing section 25 of the Warehouse act. Section 25 of the act regulating public warehouses, which denounces the punishment of warehousemen for the issue of fraudulent warehouse receipts, is not repealed by sections 124 and 125 of the Criminal Code. They are not so repugnant as to work a repeal by implication.</p> <p>3. Section 25 of the Warehouse act is directed against the issue of fraudulent receipts by public warehouses and warehousemen, and because of the public capacity in which they act, while sections 124 and 125 of the Criminal Code are directed against every person who shall “fraudulently make or utter any receipt or other written evidence of the delivery or deposit of any grain,” etc., upon any wharf or place of storage, or in any warehouse, mill, store or other building, and includes places of storage which are not public warehouses. In the first case, the offense consists solely in issuing the receipts, from which a fraudulent result may occur to another; while in the last, it is made to consist in the making or uttering of the receipt for a fraudulent purpose or with a fraudulent intent.</p> <p>4. Same—what will constitute a false and fraudulent receipt—character of the intent. If a public warehouseman issues warehouse receipts for a particular kind of grain or seed, and pledges the same as collateral security for a loan, when, in fact, he has no such grain or seed in store, and no such grain or seed has been deposited by th