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SECTION IV.

ARREST UPON INDICTMENT AND ADMITTING TO BAIL.

§ 819. Order Fixing the Amount of Bail.

820. Capias.

821. Amount of Bail Indorsed on Writ 822. Service and Return of Capias-Bail. 823. Passing Through Other Counties. 824. Costs.

825. Letting to Bail.

826. Becognizance.

§819. Order Fixing Amount of Bail.- "When an indictment is found as a true bill, if the offense is bailable, the court shall make an order fixing the amount of bail to be required of the accused. When the court orders process against the accused returnable forthwith, the amount of bail need not be fixed until the accused is brought into court.""

820. Capias." The clerk of the court in which the indictment is found shall immediately issue process of capias for the apprehension of each person indicted, directed to the sheriff, coroner or any constable of the county where such person then is supposed to be. When deemed necessary, warrants may issue to different counties at the same time."

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§821. Amount of Bail Indorsed on Writ. "When not otherwise ordered by the court, the clerk shall indorse on the process the amount of bail required by order of the court, but when the court shall order the process returnable immediately, such indorsement shall not be made, but the capias shall require the accused to be arrested and brought immediately to court."

'R. S., 409, § 414.

Id., 415. There is no reasonable objection to the issue of a capias to be used by the bail to procure the surrender of their principal to the sheriff in the discharge of the recognizance. People v. Phelps, 17 Ills., 200.

R. S., 409, § 416.

FORM OF CAPIAS FOR ARREST ON AN INDICTMENT.

State of Illinois,
Adams County.

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SS.

The People of the State of Illinois, to the sheriff, coroner or any constable of said (or -) county.

We command you that you take C. D., if to be found in your county, and him safely keep, so that you have his body before the circuit court of said county of Adams, on the first day of the next criminal term thereof, to be holden at the court house on the Monday in the month of next, (or "bring him forthwith before the circuit court of said county of Adams, now in session in the city of Quincy in the said county") to answer us concerning the crime of (here insert the name or a description of the crime) with which he stands charged in a certain bill of indictment preferred against him by the grand jury of said county, filed of record in our said court, and have you then and there this writ, and make return thereof in what manner you execute the same.

Seal of Circuit Court

Witness, N. M., clerk, and the seal of our said circuit court, at Quincy, this day of, in the year of our Lord one thousand eight hundred and seventy

(If not returnable forthwith the writ should be indorsed). cuting this writ is directed to require bail in the sum of By order of the court.

N. M., Clerk. "The officer exedoilars."

Attest, N. M., Clerk.

"The sheriff, or

8822. Service and Return of Capias · Bail. · in case of his absence or inability, the coroner or some one of the constables of the county to which the capias is directed, shall arrest the person named in the warrant, and if the of fense is bailable and the writ is not returnable forthwith, let him to bail if sufficient bail is offered, or if the offense is not bailable or sufficient bail is not offered, take his body to the jail of the county where the capias is returnable, and deliver him together with the capias to the keeper of the jail, there to remain until discharged in due course of law. If the process is returnable forthwith, the accused shall be immediately brought into court, when he shall be either committed, bailed or tried, as the court may direct.""

"The officer having

$823. Passing Through Other Counties. the custody of a prisoner may pass through any counties which lie in his route between the place of arrest and the

1 R. S., 409, 2417.

county to which he is taking the prisoner, and may lodge the prisoner in any jail on his route for safe custody for one night or more, as occasion may require."

$824. Costs."The county where the indictment is found shall pay to the officer his reasonable charges for his services in bringing the offender from another county."

§ 825. Letting to Bail.-"The officer making the arrest shall let the accused to bail, by his entering into recognizance in the form required by law, in the amount specified in the process, with one or more sufficient sureties to be approved by the officer.""

FORM OF RECOGNIZANCE ON ARREST AFTER INDICTMENT.'

State of Illinois,

Adams County.

SS.

Know all men by these presents, That we, C. D., E. F. and G. H., of, etc., are held and firmly bound unto the People of the State of Illinois in the penal sum of (insert the amount specified and indorsed on the writ®) dollars for the payment of which well and truly to be made, we bind ourselves our heirs, executors or administrators, severally and firmly by these pres

ents.

Witness our hands and seals this

day of

in the year of our Lord,

one thousand eight hundred and seventyThe condition of the above obligation is such, that if the above bounden C. D. shall personally be and appear at the circuit court, in and for the county of Adams and State Illinois, on the first day of the next term thereof, to be held at the court-house in Quincy, in the said county on the Monday in the month of next, at the opening of the court on that day, and from day to day and term to term, and from day to day of each term, until the final sentence or order of the court, then and there to an

'R. S., § 118.

* Id., 409, § 419.

3

Id., § 420.

4 No particular form is prescribed for a recognizance. Shattuck v. People, 4 Scam., 477; but it must be to the people, Id.

A recognizance by a surety only where the defendant has not appeared, has never been in custody or been served with process, is not binding. People v. Slayton, Breese, 257, 2nd Ed., 329. But the bond is of itself evidence that the court required a bond to be taken. Chumasero v. People, 18 Ills., 405.

If the bond is for a larger sum than is directed by the court, it is a nullity; otherwise, if it is for a less sum. Chumasero v. People, 18 Ills., 405.

swer to an indictment preferred against him' by the grand jury of the county aforesaid, at the suit of the People of the State of Illinois, for and concerning the crime of (here insert the name or description of the crime), with which the said C. D. stands charged in said court, and shall not depart thence without leave of said court, then this recognizance to be void, otherwise to remain in full force and virtue. Witness our hands and seals this

day of

A. D. 18-.

C. D. [SEAL.]

E. F. [SEAL.]

G. H. [SEAL.]

I certify that the above recognizance was taken and entered into before,

and approved by me this

$826. Recognizance.

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A recognizance is not void because it fails to show that the bail was fixed by the court and in dorsed on the writ by the clerk,2 nor if taken in open court, because taken for a larger sum than that indorsed on the writ. A recognizance void as to part is void as to the whole sum named.4 Where the file mark has been omitted on a recognizance it may at a subsequent term be filed, nunc pro tunc by order of the court.5

1 Where a recognizance recited that the grand jury “made a presentment," and was conditioned to appear and answer "said presentment," it was held that it sufficiently appeared that an indictment had been found. Wood v. People, 16 Ills., 171.

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SECTION V.

COUNSEL-MOTION TO QUASH INDICTMENT-ARRAIGNMENTPLEAS.

§827. Appointment of Counsel for the Accused-Compensation.

828. Private Consultation with Counsel.

829. Copy of Indictment.

830. Motion to Quash Indictment.

831. When Made.

832. In what Cases.

833. Cases Enumerated.

834. As to the Discretion of the Court in Granting a Motion to Quash an

Indictment.

835. The Arraignment.

836. Plea.

837. Plea of Guilty Explained.

838. Standing Mute.

839. Order of Pleading.

840. As to Pleading in Bar and in Abatement at the Same Time.

841. Pleas to the Jurisdiction.

842. Demurrer, when Proper.

843. Demurrers Classified and Defined-When to be Special-To be Overruled if there is one Good Count.

844. What Objections may be Reached by a Demurrer.

845. Judgment on a Demurrer-Answering Over.

846. What may be Plead in Abatement and what in Bar.

847. Cases Enumerated where a Plea in Abatement is Proper.

848. Requisites of a Plea in Abatement.

849. Procedure where a Plea in Abatement has been Plead. 850. Evidence.

851. Judgment on Plea in Abatement-Answering Over. 852. Defendant may Plead Several Pleas at the Same Time.

853. What may be Proved under a Plea of Not Guilty

854. Plea of Not Guilty may be Withdrawn.

855. Requisites of a Former Conviction or Acquittal. 856. Pardon.

857. Statute of Limitations.

$827. Appointment of Counsel for the Accused-Compensation.— The constitution of this state provides that "in all criminal

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