346. Recapture. § 8. If any prisoner shall escape or be rescued, the officer or person from whose possession or custody he escapes or was rescued may immediately pursue and retake him in any county of this State without a warrant. DIVISION VII. ARREST, EXAMINATION, COMMITMENT AND BAIL. 347. What magistrates may examine offenders. SEC. 1. For the apprehension of persons charged with offenses, except such as are cognizable exclusively by justices of the peace, any judge of a court of record, in vacation as well as in term time, or any justice of the peace, is authorized to issue process to carry into effect the following provisions of this act. 348. Complaint. § 2. Upon complaint made to any such judge or justice of the peace that any such criminal offense has been committed, he shall examine on oath the complainant, and any witness produced by him, shall reduce the complaint to writing, and cause it to be subscribed and sworn to by the complainant; which complaint shall contain a concise statement of the offense charged to have been committed, and the name of the person accused, and that the complainant has just and reasonable grounds to believe that such person committed the offense. [Housh v People, 75 Ill. 487. 349. Warrant. § 3. If it appears that such offense has been committed, the judge or justice of the peace shall issue a warrant, directed to all sheriffs, coroners and constables within this State, stating the offense by name or so that it can be clearly inferred, the name of the person accused, and requiring the officer to whom it is directed forthwith to take the person of the accused and bring him before such judge or justice, or in case of his absence or inability to act, before any other judge or justice of the county, and in the same warrant may require the officer to summon such witnesses as shall be therein named, to appear and give evidence on the examination. [R S. 1845, p. 190, § 203; P. 192, § 207; In re Stitt, 51 Ill. 401; Bulson v. People, 31 Ill. 409; Ressler v. Peats, 86 Ill. 277. McIntyre, 5 Gilm. 422; Kindred v. 350. Name. § 4. If the name of the defendant is unknown to the complainant or judge or justice of the peace, he may be designated by any name, description or circumstances by which he can be identified with reasonable certainty, and if, upon arrest, he refuses to disclose his true name, he may be tried and convicted by the name used in the war rant. 351. Special officer. § 5. The judge or justice of the peace issuing the warrant may make an order thereon, authorizing a person, to be named in the order, to execute the same, and the person so named may execute such warrant in the same manner, and shall have like powers as if he were the officer named in the warrant, and all sheriffs, coroners, constables and others, when required in their respective counties, shall aid in the execution of such warrant. [R. S. 1845, p. 192, § 208. Kindred v. Stitt, 51 Ill. 405. 352. Pursuit and arrest. § 6. If a person against whom a warrant is issued for any alleged offense, before or after the issuing of such warrant, escapes from or is out of the county, the officer to whom such warrant is directed may pursue and apprehend the party charged, in any county of this State, and for that purpose may command aid, and exercise the same authority as in his own county. [R. S. 1845, p. 192, § 207; Ressler v. Peats, 86 Ill. 275. 353. When not bailed. § 7. When a person is arrested in a county other than that in which the offense was committed, the [*402] officer shall take him before the judge or justice who issued the warrant, or, in his absence, before some other judge or justice of the peace of the county in which the warrant was issued. [R. S. 1845, p. 192, $209. 354. Passing through other counties. § 8. The officer or any person so authorized, having the custody of a prisoner, may pass through any counties which may be in his route, between the place of arrest and the place to which he is taking the prisoner, and may lodge the prisoner in any jail on the route for safe custody for one night or more, as circumstances may require. [R. S. 1845, p. 192, § 209. 355. Before what magistrate prisoner brought. § 9. Every person arrested by warrant, for any offense, where no other provision is made for his examination thereon, shall be brought before the judge or justice of the peace who issued the warrant, or if he is absent or unable to attend, before some other judge or justice of the same county; and the warrant with a proper return thereon, signed by the person who made the arrest, shall be delivered to such judge or justice. [R. S. 1845, P. 192, $207. 356. Adjournment. § 10. A judge or justice of the peace may, for good cause appearing, adjourn an examination or trial pending before himself, from time to time as occasion requires, not exceeding ten days at one time without the consent of the defendant or person charged, In the meantime, if the party is charged with an offense not bailable, he shall be committed; otherwise he may be recognized in a sum and with sureties to the satisfaction of such judge or justice of the peace, for his appearance for such further examination, and for want of such recognizance he shall be committed to jail. [L. 1845, p. 581,8 1; People v. Race, 2 Brad. 567. 357. Default. 11. If the person so recognized does not appear before the judge or justice of the peace according to the condition of such recognizance, the judge or justice of the peace shall record the default, but such default may be set aside by the judge or justice, for good cause shown, on the appearance of the accused at any time to which the matter may be continued by such judge or justice of the peace. And in case such default is not set aside as aforesaid, the judge or justice shall certify the recognizance with a record of the default to the court having cognizance of the offense, and like proceedings may be had thereupon as upon the breach of the condition of a recognizance for appearance before such court, or an action of debt may be maintained thereon. [L. 1845, p. 581, § 2; People v. Race, 2 Brad. 566. 358. Failing to recognize on adjournment. § 12. When a person fails to recognize, he may be committed to jail by an order of the judge or justice of the peace, which order shall be in writing, and contain a concise statement of the reason of such commitment, and the day and place appointed for his examination, and on the day appointed he may be brought before the judge or justice, by his verbal order to the officer who made the commitment, or by an order in writing to a different person. 358 1-2. Change of venue. 12 1-2. Any person arrested on any criminal charge, and taken before any justice of the peace for examination, may, previous to the commencement of any such examination, make oath that it is his belief that said justice is so prejudiced against him, that he cannot have a fair and impartial investigation before said justice, whereupon it shall be the duty of the justice immediately to transmit all the papers connected with or belonging to such examination to the nearest justice of the peace in the same county, who is not of kin to the defendant, sick, absent from town, or interested in the event of the investigation, as counsel or otherwise, who shall proceed as if the. suit had been instituted before him; Provided, that the officer having the defendant in charge shall hold him in his custody until the complaint shall be heard and disposed of by the justice to whom the papers shall be sent as aforesaid; And provided, further, that distance, as contemplated in this section, shall mean to be by the nearest traveled route. [Added by amendment approved April 2, 1875. In force July 1, 1875. L. 1875, P. 75. 359. Amendments. § 13. The prisoner shall not in any case be discharged on account of any insufficiency or informality in the complaint, or on account of any informality in the warrant, or because it is not under the seal of the judge or justice, but the warrant may be amended by the judge or justice of the peace at any time pending the proceedings. [R. S. 1845, p. 192, § 210. 360. Examination. §14. The judge or justice before whom any person charged with a criminal offense is brought, with or without a warrant, shall, as soon as may be, examine the witnesses in support of the prosecution, as well as those who may be produced on behalf of the accused, on oath, in the presence of the party charged, in relation to any matter connected with such charge which he may deem pertinent. [R. S. 1845, p. 190, 203. 361. Separating of witnesses. § 15. While a witness is being examined, the judge or justice of the peace may, if he sees cause, exclude from the place of examination all the other witnesses, or direct the witnesses to be kept separate, so that they cannot converse with each other, until they have been examined. 362. Discharge. § 16. If it appears to the judge or justice of the peace, upon the whole examination, that no offense has been [*403] committed, or that there is no probable cause for charging the prisoner with the offense, he shall be discharged. [R. S. 1845, p. 190, $203. 363. Bail or commitment. 17. If it appears that an offense has been committed, and that there is probable cause to believe the pris oner guilty, and if the offense is bailable by the judge or justice of the peace, and the prisoner offers sufficient bail, it shall be taken and the prisoner discharged; but if no sufficient bail is offered, or the offense is not bailable by the judge or justice, the prisoner shall be committed to jail for trial. [R. S. 1845, p. 190, § 203; Compton v. People, 86 Ill. 176. 364. Witnesses to recognize. 18. When the prisoner is admitted to bail or committed, the judge or justice of the peace shall bind, by recognizance, such witnesses against the prisoner as he deems material, to appear and testify at the next court having cognizance of the offense, and in which the prisoner shall be held to answer; Provided, no such witness shall be required to give other security than his own recognizance for such appearance. [R. S. 1845, p. 191, § 204. 365. Married women and minors. 19. When a married woman or a minor is a material witness, any other person may be allowed to recognize for the appearance of such witness; or the judge or justice of the peace may, in his discretion, take recognizance of such married woman or minor, in a sum not exceeding $50, which shall be valid and binding in law, notwithstanding the coverture or minority; Provided, that no such minor or married woman shall be required to give other security than his or her own recognizance for such appearance. 366. Commitment of witness. 20. Witnesses required to recognize, shall, if they refuse, be committed to jail by the judge or justice, there to remain until they comply with such order, or are otherwise discharged according to law. [R. S. 1845, p. 191, 204. 367. Mittimus. § 21. When an offender or witness is committed because he fails to enter into recognizance as required by law, or because the offense is not bailable, the judge or justice of the peace shall make out his warrant of commitment, directed to the sheriff, coroner or any constable, and containing a short recital of the cause of commitment, and commanding the officer to commit the prisoner to the county jail, and deliver him to the keeper thereof, and the jailer to receive him into his custody, and safely keep him until he is discharged by process of law. No mittimus shall be considered defective for want of the seal of the judge or justice, or other legal or technical form, if sufficient appear on its face to ascertain for what crime or offense the prisoner is committed. [Young v People, 18 Ill. 567. 368. Amount of bail to be indorsed on mittimus. § 22. If the offense is bailable, or the person committed is a witness, the judge or justice of the peace shall indorse on the warrant of commitment the amount of bail required. [R. S 1845, p. 191, § 206; Bulson v. People, 31 Ill. 414. 369. Witnesses to be indorsed on mittimus. § 23. The judge or justice of the peace committing any person upon a criminal charge, shall indorse upon the warrant of commitment the names and residences of the principal witnesses by whom the crime was proved before him. [R. S. 1845, p. 193, § 212. 370. Mittimus to be delivered to jailer. § 24. The officer delivering the prisoner to the custody of the jailer, shall also deliver to him such warrant of commitment, to be by him duly preserved. 371. Witnesses indorsed on copy of mittimus. $ 25. Whenever any prisoner, in the custody of the sheriff of any county, on any warrant of commitment as aforesaid, shall, by himself or his attor ney, demand of said sheriff a copy of said warrant of commitment, said sheriff shall indorse on the said copy the names of the witnesses written thereon as aforesaid, and deliver the same to the prisoner or his counsel; and any justice or judge who shall neglect to write the name or names of the witnesses aforesaid on the warrant of commitment, or any sheriff who, on such demand, shall neglect to indorse the name of said [*404] witness or witnesses on any copy of said commitment, or deliver the same to the prisoner, or his counsel, each justice, judge or sheriff offending in the premises shall be fined in the sum of $20, to be recovered by action of debt, in the name and for the use of any person who shall sue for the same in any court of record. [See "Habeas Corpus," ch. 65, § 4. R. S. 1845, p. 193, § 213. DIVISION VIII. SEARCH WARRANTS-SEARCH. 372. Complaint - warrant for stolen goods. SEC. I. When complaint is made in writing, verified by affidavit, to any judge or justice of the peace, that personal property (particularly describing the same) has been stolen, embezzled, or fraudulently obtained by false tokens or pretenses, and that the complainant believes that it is concealed in any house or place (particularly describing the same), the judge or justice of the peace, if he is satisfied that there is reasonable cause for such belief, shall issue a warrant to search such house or place for such property. [R. S. 1845, p. 192, § 211. 373. For other property. 2. Any such judge or justice of the peace may, on like complaint made on oath, issue search warrants, when satisfied that there is reasonable cause, in the following cases, to-wit: 1. To search for and seize counterfeit or spurious coin, forged bank notes and other forged instruments, or tools, machinery or materials prepared or provided for making either of them. 2. To search for and seize books, pamphlets, ballads, printed papers or other things containing obscene language, or obscene prints, pictures, figures or descriptions, manifestly tending to corrupt the morals of youth, and intended to be sold, loaned, circulated or distributed, or to be introduced into any family, school, or place of education. 3. To search for and seize lottery tickets, or materials for a lottery, unlawfully made, provided or procured, for the purpose of drawing a lottery. 4. To search for and seize gaming apparatus, or implements used or kept and provided to be used in unlawful gaming, in any gaming house, or in any building, apartment or place resorted to for the purpose of un lawful gaming. [See § 217. See § 3 of act approved May 3, 1873. |