§ 153. Defense."Whoever is aggrieved by the issuing of such warrant may apply to such judge, or, if he is absent, to any other judge of a court of record, who, if he is satisfied, upon the affidavit of the applicant, that there is good reason to believe injustice has been, or is about to be, done by the execution of such warrant, shall issue a citation to all persons interested therein, commanding them to appear before such judge at a place and time to be in such citation named, which shall be executed by the sheriff or coroner. And the judge shall have the power to enforce obedience to such citation by attachment to be issued by him, and to proceed in a summary way and determine according to right and justice, and may issue his warrant for the restoration of any book, record, paper, document, or other article of property, which shall appear to him to have been improperly seized or delivered over; which warrant shall be executed in the same manner, and the officer to whom it is directed shall have the same powers, and be liable to the same penalties for neglect of duty, as in case of other warrants. Any proceeding under this and the two preceding sections shall not be held to determine the right of any person to such office, but such right may be contested in the manner provided by law.”

1R. S., 385, § 219.

CHAP. III.

PROCEEDINGS IN CASES WHICH MAY BE TRIED BEFORE JUSTICES OF THE PEACE.

I. GENERAL PROVISIONS RELATING TO THE JURISDICTION ARREST, TRIAL, EXECUTION AND APPEAL.

II. ASSAULT AND BATTERY.

III. MISCELLANEOUS OFFENSES WHICH MAY BE TRIED BEFORE A JUSTICE OF THE PEACE.

1. Affrays.

2. Unlawful Assembly.

3. Refusing to Join Posse.

4. Keeping open Tippling Houses on Sunday.

5. Disturbing the Peace of Society on Sunday.

6. Disturbing a Family on Sunday.

7. Disturbing the Peace.

8. Lewdness, Exposure of Person and other Acts of

Indecency.

9. Disorderly House.

10. Disturbing Meetings.

11. Gaming.

12. Barratry.

13. Maintenance.

14. Compounding Crime.

15. Assuming a Corporate Name.

16. Refusing to Allow Prisoner to See Counsel.

17. Omitting to Label or Keep Record of Poisonous

Drugs Sold or Given Away.

18. Drunkenness.

19. Officer not Trying to Prevent Duel.

20. Officer Neglecting to Suppress an Unlawful Assem

bly of Twelve or more Persons.

21. Illegal Fees.

22. Intimidation of Workmen.

23. Advertising Lotteries.

24. Vagabonds.

25. Selling Liquor without License.

IV. OFFENSES AGAINST PROPERTY WHICH MAY BE TRIED BEFORE A JUS

TICE OF THE PEACE.

1. Canada Thistles.

2. Failing to Protect Castor Beans.

V. NUISANCES.

3. Cruelty to Animals.

4. Unnecessarily Frightening Team by Engineer.
5. Injuring or Destroying Baggage.

6. Defacing, Tearing down, etc., of Advertisements, Legal Notices, etc.

7. Failing to Protect Saltpeter Caves.

8. Bringing Animals into the State, Infected, etc.

9. Trespass.

0. Setting Fire to Woods, Prairies and other Grounds.

11. Counterfeiting Trade-Marks.

12. Simulating Trade-Marks.

1. General Provisions.

2. Obstructing and Encroaching upon Roads.

SECTION I.

GENERAL PROVISIONS RELATING TO THE JURISDICTION, ARREST, TRIAL, EXECUTION AND APPEAL.

$154. Jurisdiction.

155. Arrest and Trial.

156. Special Constable.

157. Witness-Change of Venue-Continuances-Oaths-Depositions. 158. Jury Trial.

159. Jury to Determine the Penalty.

160. Judgment on Verdict Rendered.

161. Execution to Issue.

162. Capias Issued.

163. Appeals.

164. Duty of Justices on Appeal.

165. Defendant Guilty-Judgment Rendered.

§ 154. Jurisdiction.

"Justices of the peace shall have original jurisdiction in all cases of misdemeanor, when the punishment is by fine only, and the fine does not exceed two hundred dollars, and also in all cases of assault and assault and battery and affrays, in which the people are plaintiffs, and in cases arising under sections two hundred and seventy and two hundred and seventy-one of Division I. of this act.""

IR. S., 405, § 381; see Ex parte Bolling, 31 Ills., 89, State v. Dawson, 17 Iowa, 584.

§ 155. Arrest and Trial. "In all cases of offense, of which a justice of the peace has jurisdiction, he may, upon the affidavit of any competent person, issue his warrant to any constable of his county for the arrest of any person charged with either of the said offenses, and upon the arrest of such person shall proceed to hear and determine the cause according to law."

GENERAL FORM OF AN AFFIDAVIT.

State of Illinois,

County.

}

SS.

A. B., being duly sworn on his oath, says that on2 the

D. 18, at the town of in the said county, C. D. did (insert statement of the offense in the language of the statute).

And the said A. B. therefore prays that a warrant may issue for the arrest of the said C. D., that he may be dealt with according to law.

GENERAL FORM OF A WARRANT IN CASES WHERE THE JUSTICE HAS JURIS

The People of the State of Illinois to any Constable of said County, Greeting:

Whereas, A. B. has this day made an affidavit before L. M., a justice of the peace of the said county, charging C. D. with the offense of (insert the name of the offense),—

You are therefore hereby commanded forthwith to arrest the said C. D. and bring him before me the said justice to be dealt with according to law. Given under my hand and seal this - A. D. 18L. M., J. P.

'R. S., 405, § 382.

day of

[SEAL.]

"The words on or about the day named" are sufficiently definite. 2 Arch. C. P. & Pl., 52; Cokely v. State, 4 Clark Iowa, 477.

'The affidavit must allege facts sufficient to constitute an offense; for the constitution of this state gives the accused the right to demand the nature and cause of the accusation and to have a copy thereof. R. S., 60, Con. of Ills., Art. II. §9; and if this does not show an offense against the law, he should be discharged. Torry v. People, 17 Ills., 105. It is otherwise where the complaint is insufficient or informal, R. S. 402, § 359; ante § 80, unless the complaint is amended, ante §§ 80, 81.

$156. Special Constable. "Any justice of the peace may appoint a suitable person to act as constable in a criminal ase where there is a probability that a person charged with ny offense will escape, or that goods and chattels will be renoved before application can be made to a qualified constale; and the person so appointed shall act as constable in that particular case and no other; and any temporary appointment so made as aforesaid, shall be made by a written indorsement, under the seal of the justice deputing, on the back of the process which the person receiving the same shall be deputed to execute.""

FORM OF A WARRANT TO BE DIRECTED TO A PRIVATE PERSON.

The People of the State of Illinois to any Constable of the said County, and John Doe, Greeting: (Conclude as in the next previous form.)

FORM OF APPOINTMENT OF PRIVATE PERSON TO ACT AS CONSTABLE, TO BE INDORSED ON WARRANT.

I do hereby appoint and depute John Doe, named in the within warrant, to execute the same.

Given under my hand and seal this

day of

A. D. 18-.
L. M., J. P.

[SEAL.]

Change of Venue

Continuance Oaths

§ 157. Witnesses Depositions. The attendance of witnesses is procured, a change of venue and continuance, and the oath administered to witnesses in the same manner as in civil cases. When the cause is adjourned the prisoner must be committed or bailed in the same manner as in proceedings for the examination of persons charged with criminal offenses not triable before the justice. Depositions cannot be taken in