§20. Warrant."If such judge or justice of the peace is satisfied that there is danger that such offense will be committed, he shall issue a warrant requiring the proper officer to whom it is directed forthwith to apprehend the person complained of, and bring him before such magistrate, or before some other court or magistrate having jurisdiction in the premises."" FORM OF WARRANT IN A PROCEEDING TO PREVENT THE COMMISSION OF CRIM E. The People of the State of Illinois to any Constable of the said County, Greeting: Whereas, A. B. has this day made complaint to me the undersigned, a justice of the peace in and for the said county, that C. D. has threatened to commit an offense against the person of him, the said A. B., to-wit: that he threatened to beat him the said A. B. (or insert the facts as stated in the complaint); and the said A. B. and E. F., having been duly sworn and examined on oath by me, which said complaint and examination have been reduced to writing, subscribed and sworn to by the said A. B., and the undersigned from the said complaint and examination being satisfied that there is danger that such offense will be committed;" We therefore command you forthwith to apprehend the said C. D. and bring him before the undersigned at his office in the town of Mendon, in said county, or before some other court or magistrate having jurisdiction in the premises, to be dealt with according to law. Given under my hand and seal this day of —, A. D. 18-. LEVI MASON, J. P. [SEAL.] § 21. Examination.-"When the person complained of is brought before the court or magistrate, if the charge is controverted, the testimony produced on both sides shall be heard." 22. When Security Required.-All persons whatsoever, being of sane memory, whether natural-born citizens or aliens, have a right to demand surety of the peace. Wives may demand it against their husbands, and husbands against their 'R. S., 308, § 321. 'The warrant need not contain a formal adjudication that the magistrate is satisfied that there is danger that such offense will be committed. Bradstreet v. Ferguson, 17 Wen., 181; 23 Wen., 638. 'R. S., 399, § 322. wives. Formerly married women and infants were supposed to be incapable of binding themselves by a recognizance to keep the peace, for the reason that they were incapable of binding themselves by a contract;2 but according to the more recent decisions, and by virtue of a recent statute,3 they may bind themselves by all acts they are obliged by statute or law to do. Threats by a tenant to kill his landlord if he interfered with the tenant's possession, are no cause for an arrest of the tenant.5 The statute does not seem to contemplate having a trial by jury, either before the magistrate or on appeal. Whether this statute, which, in case the accused cannot obtain bail, deprives him of his liberty, is void for the reason that it violates any of the provisions of the Constitution relating to a right to a trial by a jury, does not seem to have been raised or decided." Costs. "If it appear $23. When Complaint not Sustained that there is no just reason to fear the commission of the offense, the defendant shall be discharged; and if the judge or justice of the peace is of the opinion that the prosecution was commenced maliciously, without probable cause, he may give judgment against the complainant for the costs of the prosecution."8 § 24. Recognizance. "If, however, there is just reason to fear the commission of such offense, the defendant shall be required to give a recognizance, with a sufficient security, in such sum as the court or magistrate may direct to keep the 'People v. Mullen, 25 Wen., 698; People v. Moores, 4 Denio, 518. U. S. v. Bambridge, 1 Mason, 83; Winslow v. Anderson, 4 Mass., 376; Baker v. Lovett, 6 Mass., 80. The right to a trial by jury is fully discussed in the following cases Wynehamer v. People, 13 N. Y., 390, 416; People v. Haws, 37 Barb., 455–6; Taylor v. Porter, 4 Hill, 145–7; Johnson v. County of Stark, 24 Ills., 86; Whilehurst v. Colein, 53 Ills., 247; Sullivan v. City of Oneida, 61 Ills., 243; and see 2 Kent Com., 12, 13; Sedg. on Const. L., 534. 8 R. S., 399, § 323. peace towards all the people of this state, and especially towards the person against whom or whose property there is reason to fear the offense may be committed, for such time, not exceeding twelve months, as the court or magistrate may order. But he shall not be bound over to the next court unless he is also charged with some other offense for which he ought to be held to answer at such court." FORM OF RECOGNIZANCE TO KEEP THE PEACE. State of Illinois, -, County. J SS. Be it remembered that on the town of day of —, A. D. 18-, C. D. of the in the said county, and E. F. and J. F. of the same place, personally came before L. M., a justice of the peace of the said county, and severally and respectively acknowledged themselves to owe and be indebted to the people of the state of Illinois, in the sum of dollars each, to be levied of their respective goods and chattels, lands and tenements, to the use of the said people, if default shall be made in the condition following: The condition of this recognizance is such that if the above-bounden C. D. shall keep the peace towards all of the people of this state, and especially towards the said A. B., for - months from the -day of —, A. D. 18-, then this recognizance to be void and of no effect-otherwise to remain in full force and virtue. Taken, subscribed and acknowledged the day and year first above written, before L. M., J. P. -- C. D. [SEAL.] J. F. [SEAL.] 25. Discharge or Commitment. "If the person so ordered to recognize complies with the order, he shall be discharged; but if he refuses or neglects, the court or magistrate shall commit him to jail during the period for which he was required to give security, or until he so recognizes, stating in the warrant the cause of the commitment, with the sum and time for which the security was required." 1 R. S., 399, § 324. * Id., § 325. FORM OF COMMITMENT ON NEGLECTING TO GIVE RECOGNIZANCE. State of Illinois, County. SS. The People of the State of Illinois to the Sheriff, Coroner or any Constable of the said County, Greeting: Whereas, A. B. lately made complaint to me the undersigned, a justice of the peace in and for the said county, that C. D. had threatened to commit an offense against the person of him the said A. B., to wit.: that he had threatened to beat him the said A. B., and the said A. B. and E. F. were duly sworn and examined on oath by me in relation thereto, which said complaint and examination were reduced to writing, subscribed and sworn to by the said A. B., and the undersigned, from the said complaint and examination being satisfied that there was danger that such offense would be committed, caused the said C. D. to be brought before him, and required him, the said C. D., to give a recognizance with sufficient security, in the sum of dollars, to keep the peace towards all the people of this state, and especially towards the said A. B., for - months from the -day of, A. D. 18—. And whereas, the said C. D. has refused and neglected, and now refuses and neglects, to give such a recognizance, We therefore command you, the said constable, forthwith to convey the said C. D. to the common jail of the said county and deliver him to the keeper thereof; and you the said keeper are hereby required to receive the said C. D. into your custody in the said jail and him there safely keep for months from the day of —, A. D. 18-, or until he so recognizes. ("In case the defendant is required to pay costs, add “and until the sum of —- costs of prosecution shall be paid, or he is otherwise legally discharged.”) Given under my hand and seal, this day of, A. D. 18—. § 26. Costs." When a person is required to give security to keep the peace, or for his good behavior, the court or magistrate may further order that the costs of the prosecution, or any part thereof, shall be paid by such person, who shall stand committed until the costs are paid, or he is otherwise legally discharged."2 § 27. Appeal."Whoever is aggrieved, by the order of the magistrate requiring him to recognize as aforesaid, may, on giving the security required, appeal to the next term of the circuit court to be held in the same county (except that in the 1A commitment for an unlimited time, or for more than twelve months, is void. Barb. Cr. L., 511. R. S., 399, § 326. county of Cook the appeal shall be taken to the criminal court of Cook county). Such recognizance shall, in case of an appeal, contain a condition that the appellant will pay the costs of the appeal in case the order is affirmed or the appeal dismissed.""1 FORM OF RECOGNIZANCE ON APPEAL IN A PROCEEDING TO PREVENT THE Be it remembered that on the town of day of, A. D. 18-, C. D. of the in the said county, and E. F. and I. J., of the same place, personally came before L. M., a justice of the peace in and for the said county, and severally and respectively acknowledged themselves to owe and be indebted to the people of the state of Illinois, in the sum of dollars each to be levied of their respective goods and chattels, lands and tenements, to the use of the said people if default shall be made in the condition following: Whereas, L. M., a justice of the peace in and for the county of ——— and state of Illinois, in pursuance of the statutes in such case made and provided, did on the day of, A. D. 18-, order and require the abovebounden C. D. to give a recognizance with a sufficient security in the sum of dollars, to keep the peace towards all the people of this state, and especially towards A. B., for months from the day of —, A. D. 18-, from which order the said C. D. has taken an appeal to the circuit court of the said county, Now therefore the condition of this recognizance is such that if the said appellant C. D. shall pay the costs of the appeal in case the said order is affirmed or the appeal dismissed, and shall also keep the peace towards all the people of this state, and especially towards the said A. B., for months from the day of, A. D. 18-, then this recognizance to be void and of no effect-otherwise to remain in full force and virtue. C. D. [SEAL.] Taken, subscribed and acknowledged) before and approved by me on the day and year first above written. L. M., J. P. "The court or magistrate $28. Recognizance of Witnesses. shall, when necessary, require the complaint to recognize for their appearance at the court ap |