son and his sureties for the amount of the recognizance, which scire facias shall be served by the sheriff of the county where the court is held, upon such person and his sureties, by reading the same to the defendants named in such scire facias, at least five days before the first day of the term to which the same is returnable; and, in case the person aforesaid cannot be found by the sheriff, he shall make return of that fact to the court. The court shall, thereupon, enter judgment by default against the defendants for the amount of the recognizance, unless defendants shall appear and defend such cause; and if the defendants shall appear and interpose a defense, then the cause shall be tried in the same manner as other causes of a like nature, after any such recognizance shall be declared forfeited as aforesaid. Before judgment, the court may, in its discretion, set aside such forfeiture, upon the accused being brought or coming into open court, and showing to the court by affidavit, that he was unable to appear in court, according to the terms of the recognizance, by reason of sickness or some other cause which shall satisfy the court that the accused had not been guilty of any laches or negligence; Provided, that no such forfeiture of a recognizance shall be set aside until the accused shall pay the costs of such recognizance.

[L. 1869, p. 113, 89: McElwee v. People, 77 Ill. 493; Mooney v. People, 81 Ill. 134; Lane v. People, 76 Ill. 300; Welborn v. People, 76 . 516; Peacock v. People, 83 III. 331; People v. Race, 2 Brad. 568; Garrison v. People, 21 Ill. 539; People v. O'Brien, 41 Ill. 303; People v. O'Brien, 41 Ill. 456; Norfolk v. People, 43 Ill. 11; Shattuck v. People, 4 Scam. 480; McKee v. Brown, 43 Ill. 133: Lawrence v. People, 17 Ill. 172; Conner v. People, 20 Ill. 381; McFadden v. Fortier, 20 Ill. 515; Besimer v People, 15 Ill. 441; Kennedy v People, 15 Ill. 418; Noble v. People, 4 Gilm. 435; Solomon v. People, 15 Ill. 292; People v. Watkins, 19 Ill. 120; Combs v. People, 39 Ill. 185; Alley v. People, 1 Gilm. 109; Plummer v. People, 16 Ill. 359; Weese v. People, 19 Ill. 643; Mix v. People, 26 Ill. 32; Shook v. People, 39 Ill. 443; Jack v. People, 19 Ill. 57; Slaten v. People, 21 Ill. 28; People v. Nitt, 19 Ill. 171; Vancil v. People, 16 Ill. 121; Passfield v. People, 3 Gilm 407; Wray v. People, 70 Ill. 664; Peacock v. People, 83 Ill. 331; Wheeler v. People, 39 Ill. 432; Landis v. People, 39 Ill. 79: Cable v. People, 46 Ill. 467: Sano v. People, 3 Gilm. 331; Gingrich v. People, 34 11l. 448; Shadley v. People, 17 Ill. 252; Farris v. People, 58 111. 28; Leighton v. Hall, 31 Ill. 108; Crisman v. People, 3 Gilm. 351; Lytle v. People, 47 Ill. 424 Bacon v. People, 14 I. 313; McFarlan v. People, 13 Ill. 13; Graves v. People, 11 Ill. 543; Thomas v. People, 13 Ill. 696; Eubank v. People, 50 Ill. 496; Chumasero v. People, 18 Ill. 405; Huggins v. People, 39 Ill. 245; Mather v. People, 12 Ill. 9; Brown v. People, 26 III. 31 Gingrich v. People, 34 Ill. 448; Johnston y. People, 31 Ill. 469; Pate v. People, 15 Ill. 222; Eimer v. Richards, 25 Ill. 289; Wood v. People, 16 Ill. 173; People v. Phelps, 17 Ill. 200; Reitzell v. People, 72 Ill. 416; People v. Meacham, 74 Ill. 292; Hangsleben v. People, 89 Ill. 164, 170; Raysor v. People, 27 Ill. 194.

311. Neglect to record, or formal defects, no bar. § 18. Such action shall not be barred or defeated, nor shall judgment be arrested, by reason of neglect or omission to note or record the default [*398] of any principal or surety at the term when it happens, nor by reason of a defect in the form of the recognizance, if it sufficiently appears, from the tenor thereof, at what court the party or witness was bound to appear, and that the court or magistrate before whom it was taken was authorized by law to require and take such recognizance. 312. When bail to be exonerated on default made. § 19. If, by the act of God, bail are unable without their fault to surrender their principal, they shall, on motion, before final judgment on scire

facias, be exonerated and discharged by the court, with or without costs, as the court deem equitable.

313. For murder or manslaughter. SEC. 1. An indictment for the crime of murder or manslaughter may be found at any period after the death of the person alleged to have been killed.

314. For arson or forgery. § 2. An indictment for arson or forgery may be found at any time after the commission of the crime. 315. For other felonies. §3. All indictments for other felonies must be found within three years next after the commission of the crime, except as otherwise provided by law.

316. For other offenses, etc. 4. All prosecutions by indictment or otherwise, for misdemeanors, or for any fine or forfeiture under any penal statute, shall be commenced within one year and six months from the time of committing the offense or incurring the fine or forfeiture, except as otherwise provided by law.

[See § 64; Garrison v. People, 87 Ill. 96.

317. Time of absence not counted. 5. No period during which the party charged was not usually and publicly resident within this State shall be included in the time of limitation.

318. Time of pendency of proceedings not counted. 6. When an indictment, information or suit is quashed, or the proceedings on the same are set aside, or reversed on writ of error, the time during the pendency of such indictment, information or suit, so quashed, set aside or reversed, shall not be reckoned within the time limited by this act, so as to bar any new indictment, information or suit for the same offense.

DIVISION V.

PROCEEDINGS TO PREVENT COMMISSION OF CRIMES. 319. Conservators of the peace. SEC. 1. All judges of courts of record within their respective jurisdictions, and justices of the peace in their respective counties, are conservators of the peace, and shall cause to be kept all laws made for the preservation of the peace, and may require persons to give security to keep the peace, or for their good behavior, or both, as provided by this act. [R. S. 1845, p. 190, §

201.

320. Complaint. § 2. When complaint is made to any such judge or justice of the peace that a person has threatened or is about to commit an offense against the person or property of another, he shall examine on oath the complainant, and any witness who may be produced, and reduce the complaint to writing, and cause it to be subscribed and sworn to by the complainant.

321. Warrant. § 3. 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. [R. S. 1845, p. 190, § 201.

322. Examination. § 4. When the person complained of is brought before the court or magistrate, if the charge is contro[*399] verted the testimony produced on both sides shall be heard. 323. When complaint is not sustained-costs. § 5. If it appear 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.

[L. 1845, P. 579, §1; Chapman v. Cawrey, 50 Ill. 512; Harpham v. Whitney, 77 Ill. 32; Ames v. Snider, 69 Ill. 376.

324. Recognizance. § 6. If, however, there is just reason to fear the commission of such offense, the defendant shall be required to give a recognizance, with sufficient security, in such sum as the court or magistrate may direct, to keep the peace towards all 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. [R. S. 1845, p. 190, 201.

325. Discharge or commitment. § 7. 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 commitment, with the sum and time for which the security was required. [R. S. 1845, p. 190, 201.

326. Costs. § 8. 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.

327. Appeal. 9. 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 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. 328. Recognizance of witnesses. 10. The court or magistrate shall, when necessary, require the witnesses to support the complaint to recognize for their appearance at the court appealed to.

329. Proceedings on appeal. § 11. The court before which the appeal is prosecuted may affirm the order, or discharge the appellant, or may require him to enter into a new recognizance, with sufficient sureties, in such sum and for such time as the court deems proper, and may make such order in relation to the costs of prosecution as may be deemed just and reasonable.

330. Failing to prosecute appeal. § 12. If the appellant fails to prosecute his appeal, his recognizance shall remain in full force. and effect as to any breach of the conditions, without an affirmance of the judgment or order of the magistrate, and shall also stand as his security for any costs which the court appealed to orders to be paid by the appellant.

331. Discharge of recognizance after commitment. 13. A person committed for not finding sureties, or refusing to recognize as required by the court or magistrate, may be discharged by any judge or justice of the peace of the county on giving such security as was required.

332. Recognizance returned to circuit court - how prosecuted. 14. Every recognizance taken in pursuance of the foregoing provisions shall be transmitted by the magistrate to the circuit court of the county (except that in the county of Cook it shall be transmitted to the criminal court of Cook county) by the first [*400] day of the next term, and shall be filed of record by the clerk, and upon a breach of the condition the same shall be prosecuted by the State's attorney.

333. Conviction not necessary. § 15. In proceeding upon a recognizance it shall not be necessary to show a conviction of the defendant of an offense against the person or property of another.

334. Breach of peace in presence of a court or magistrate. 16. A person who, in the presence of a court or magistrate, commits or threatens to commit an offense against the person or property of another, may be ordered, without process, to enter into a recognizance to keep the peace for a term not exceeding twelve months, and in case of refusal be committed as in other cases.

335. Court may remit part of penalty. 17. When, upon a suit brought upon a recognizance, the penalty thereof is adjudged forfeited, the court may, on the petition of any defendant, remit such portion of it as the circumstances of the case render just and reasonable.

336. Sureties may surrender principal. § 18. The sureties of any person bound to keep the peace may, at any time, surrender their principal to the sheriff of the county in which the principal was bound, under the same rules and regulations governing the surrender of the principal in other criminal cases.

337. Principal may again recognize. § 19. The person so surrendered may recognize anew, with sufficient sureties, before any judge or justice of the peace of the county, for the residue of the time, and shall thereupon be discharged.

338. Amendments. § 20. No proceeding to prevent a breach of the peace shall be dismissed on account of any informality or insufficiency in the complaint, or any writ or proceeding, but the same may be

amended, by order of the court or magistrate, to conform to the truth in the case.

DIVISION VI.

PURSUIT OF FELON - ARREST OF OFFENDERS BY WHOM AND HOW MADE.

339. Pursuit of felon. SEC. 1. When the fact that a felony has been committed shall come to the knowledge of any sheriff, coroner or constable, fresh pursuit shall be forthwith made after every person guilty thereof, by such sheriff, coroner, constable, and all other persons who shall be by any of them commanded or summoned for that purpose; every such officer who shall not do his duty in the premises shall be punished by fine in a sum not exceeding $100, or imprisoned not exceeding three months.

[R. S. 1845, p. 190, § 202; Dilcher v. Raap, 73 Ill. 266; Marsh v. Smith, 49 Ill. 396. 340. Duty of officers. § 2. It shall be the duty of every sheriff, coroner, constable, and every marshal, policeman, or other officer of any incorporated city, town or village, having the power of a sheriff or constable, when any criminal offense or breach of the peace is committed or attempted in his presence, forthwith to apprehend the offender, and bring him before some justice of the peace, to be dealt with according to law; to suppress all riots and unlawful assemblies, and to keep the peace, and without delay to serve and execute all warrants, writs, precepts and other process to him lawfully directed. [R. S. 1845, p. 328, § 88.

341. Posse comitatus. § 3. Every male person above the age of eighteen, when commanded by an officer to assist in arresting or securing an offender, shall obey such command. [R. S. 1845, p. 176, $140.

342. Arrests without warrant. § 4. An arrest may be made by an officer or by a private person without warrant for a criminal offense committed or attempted in his presence, and by an officer, when a criminal offense has in fact been committed, and he has reasonable ground for believing that the person to be arrested has committed it. [Kindred v. Stitt, 51 Ill. 401; Dodds v. Board, 43 Ill. 95.

343. Magistrate may make arrest. 5. A magistrate may orally order an officer or private person to arrest any one committing or attempting to commit a criminal offense in the presence of such [*401] magistrate, which order shall authorize the arrest. [Kindred v. Stitt, 51 Ill. 401.

344. When made. at any time of the day or night. 345. Person arrested to be taken before a magistrate. 7. When an arrest is made without a warrant, either by an officer or a private person, the person arrested shall, without unnecessary delay, be taken before the nearest magistrate in the county, who will hear the case, for examination, and the prisoner shall be examined and dealt with as in cases of arrest upon warrant.

§ 6. An arrest may be made on any day or

[Kindred v. Stitt, 51 Ill. 401.