Proof of sales of intoxicating liquor made contrary to provisions of the Illinois Dram Shop Act need not be confined to the date of sale alleged in an indictment or information, Attorney General Latham Castle has held in a recent official opinion.

Such proof, Castle advised State's Attorney Robert V. Wilson of Saline county, may include sales made at any time prior to the date of the indictment or information, and within the period of time established by the statute of limitation.

Other official opinions issued recently by Attorney General Castle include:

Justices of the peace and police magistrates must report on a monthly basis to the state's attorney all fines, forfeitures and penalties imposed. Castle's opinion answered queries from State's Attorney John C. Friedland of Kane county and State's Attorney Robert C. Nelson of Lake county who inquired whether such fines, forfeitures and penalties which are not credited to the state's attorneys fund need be reported. The question arose from a 1955 amendment to the Justices and Constables Act. This amendment directs that any moneys in the hands of a justice of the peace shall be paid over to the county treasurer who shall, in turn, pay such moneys to the proper officer or fund entitled to the money within 10 days after receipt of the money from a justice of the peace. Castle's opinion pointed to other statutory provisions. One requires state's attorneys to make periodic reports of such moneys to the circuit court and to satisfy the court that such moneys have been paid to the county treasurer. Another provides for assessment of penalties and fines in which the state's attorney is not directly concerned or which are not collected by him.

The intention of the amendment, Castle's opinion stated, is "to change the reports by justices of the peace from annual reports to monthly reports." The amendment, the opinion said, was intended to give public officials knowledge of financial proceedings through the courts. The amendment contemplates, the opinion stated, that a justice of the peace or police magistrate shall remit all fines, forfeitures and penalties he collects during the month in which collected or prior to the 15th of the following month when his report is due to be made;

An Illinois County can receive federal aid to assist the work of a regional planning commission created by the county. The Peoria County Planning Commission itself, Castle's opinion advised State's Attorney James P. Kellstedt of Peoria County, does not have authority to receive grants from or to contract with the United States. The Federal Housing Act, Castle's opinion pointed out, provides that planning grants may be made to regional planning agencies for planning work similar to planning assistance for small communities;

A remittance service to remit money to insurance companies or to state or other licensing agencies is illegal if it is the chief service sold by its operators and is not connected with their principal business. Castle's opinion, issued at request of State's Attorney Robert R. Canfield of Winnebago county and Robert C. Nelson of Lake county interprets the provisions of the Remittance Agents Act.

To be legal, the opinion said, such a service must be operated so that it "may proceed from, be incidental to or reasonably connected with the principal ordinary or additional service sold by the person, business or its agents making the remittance."

A person adjudged mentally ill loses his right to vote until his civil rights have been restored by the court which committed him. On the other hand, Castle's opinion advised State's Attorney Everett E. Laughlin of Stephenson county, a person legally in need of mental treatment is eligible to vote if otherwise qualified.

The Mental Health Code, Castle pointed out, classifies a mentally ill person as one incapable of caring for and managing his own estate. This does not apply, the opinion said, to a person in need of mental treatment. The Code further provides, Castle's opinion said, for the restoration of civil rights to a person who has recovered after being adjudged to be mentally ill.

Laughlin in asking the opinion stated that the county clerk of Stephenson county has received a request for an absentee ballot from a registered voter who at present is in East Moline State Hospital where he was committed as a mentally ill person.

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