374. Search in day time. $ 3. All such warrants shall be directed to the sheriff or any constable of the county, commanding such officer to search in the day time the house or place where the stolen property or other things for which he is required to search are believed to be concealed (which place and property, or things to be searched for, shall be particularly designated and described in the warrant), and to bring such stolen property or other things, when found, and the person in whose possession they are found, to the judge or justice of the peace who issued the warrant, or to some other judge or justice of the peace, or court having cognizance of the case. [R. S. 1845, p. 192, 211.

375. Search in night time. § 4. If there is satisfactory evidence that any property stolen, embezzled or obtained by false tokens or pretenses, or that any of the other things for which a search warrant may be issued by the provisions of this act, are kept, concealed, prepared or used in a particular house or place, a warrant may be issued by two judges or justices of the peace, to authorize the search of such house or place in the night time, and to bring the property or things described in the warrant or summons, and the person in whose possession they are found, before either of the judges or justices who issued the warrant, or some other judge or justice of the peace of the county.

376. Forcible entrance.5. The officer may break open any outer or inner door or window of a house, or any thing therein, if, after notice of his authority and purpose, he is refused admittance, using no more force than is necessary.

377. Return must specify property taken. § 6. The return of the officer shall particularly specify the property taken, [*405] and the place where and the person from whom the property is taken.

378. Disposal of property. §7. When an officer, in the execution of a search warrant, finds stolen or embezzled property, or seizes any of the other things for which a search is allowed by this act, all the property and things so seized shall be safely kept by direction of the judge, justice or court, so long as necessary for the purpose of being produced or used as evidence on any trial. As soon as may be afterwards, all such stolen and embezzled property shall be restored to the owner thereof, and all the other things seized by virtue of such warrants shall be burnt, or otherwise destroyed, under the direction of the judge, justice or court. [R. S. 1845, p. 192,211.

379. Costs against complainant. § 8. If, on the hearing, it appears that there was no probable cause for suing out the warrant, the whole cost may be taxed against the complainant, and execution awarded.

380. Search for dangerous weapons. 9. When a person charged with a felony is suspected by the judge or justice of the peace before whom he is brought, to have upon his person a dangerous weapon, or any thing which may be used as evidence of the commission of the offense, the judge or justice may direct him to be searched in his presence, and such weapon or other thing to be retained, subject to the order of the court in which the deferdant may be tried.

DIVISION IX.

JURISDICTION OF JUSTICES OF THE PEACE, AND PROCEEDINGS BEFORE THEM IN SMALL OFFENSES.

381. Jurisdiction. SEC. 1. 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 $200, 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 270 and 271 of division I of this act.

[R. S. 1845, P. 315, § 17, paragraph 13; L. 1863, p. 54, § 1; Carpenter v. People, 4 Scam. 199; Const., art. 6, § 12.

382. Arrest and trial. § 2. In all cases of offenses, 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 said offenses, and upon the arrest of such person shall proceed to hear and determine the cause according to law.

[R. S. 1845, P. 329, § 95; Lancaster v. Lane, 19 Ill. 245.

383. Special constable. 3. Any justice of the peace may appoint a suitable person to act as constable in a criminal case, where there is a probability that a person charged with an offense will escape, or that goods and chattels will be removed, before application can be made to a qualified constable; and if 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.

[R. S. 1845, P. 327, § 86; Gordon v. Knapp, 1 Scam. 488.

384. Jury trial. 4. The person accused may have the cause tried by a jury upon the same conditions, and the jury shall be summoned and impaneled in the same manner, as in civil cases before justices of the peace; Provided, it shall not be necessary for the defendant to advance the jury fees.

[R. S. 1845, p. 329, § 95; Zarresseller v. People, 17 Ill. 101; Darst v. People, 51 Ill.

286.

385. Jury to determine penalty. $ 5. If the jury find the accused guilty, they shall assess the fine, or fix the punishment, as aforesaid. [R. S. 1845, p. 329, $ 95.

386. Judgment on verdict rendered. 6. Upon the jury returning their verdict the justice shall record the same in his docket or

record book, and proceed to render judgment thereon accord- [*406] ingly, with costs. If the jury return a verdict of not guilty, the justice shall discharge the defendant without costs. [R. S. 1845, p. 329, 96.

387. Execution to issue. § 7. Upon the rendition of a judgment imposing a fine the justice shall, except as otherwise provided, issue

execution against the goods and chattels of the defendant for the fine and costs which may be levied upon any personal property of the defendant not exempt from execution, and proceedings may be had thereon as upon other executions. [R. S. 1845, p. 329, § 97.

388. Capias issued. § 8. If the constable shall return upon such execution that the defendant has no goods and chattels whereof to make the money, the justice shall issue a capias against the body of the defendant, and the constable shall arrest such person and commit him to the jail of the county, there to remain forty-eight hours; and if the fine exceed $10, then to remain in said jail twenty-four hours for every $5 over and above the said $10, and so on in proportion to the amount of said fine. [R. S. 1845, p. 329, $ 98.

389. Appeals. 9. The defendant may appeal from the judgment of the justice of the peace in criminal cases to the circuit court of the county, the appeal to be taken in the same time and manner, and upon the same conditions, and with like effect, and like proceedings may be had thereon, as in civil cases, except that no damages shall be allowed, except that in the county of Cook the appeal shall be to the criminal court of Cook county.

[L. 1853, p. 125; R. S. 1845, P. 329, § 99; People v. Royal, 1 Scam. 557.

390. Duty of justice on appeal. § 10. When any defendant convicted of either of the said offenses appeals, it shall be the duty of the justice to return to the clerk of the court to which the appeal is taken, when he returns the papers in the case, the names of all material witnesses. [R. S. 1845, p. 330, § 102.

391. Defendant guilty, judgment rendered. § II. If upon such appeal the defendant shall be found guilty, judgment shall be rendered against both principal and surety in the appeal bond, for the amount of the fine assessed by the jury in said court, and all costs that may have accrued.

[R. S. 1845, P. 330,8 100; Whitehurst v. Coleen, 53 Ill. 251; Beall v. New Mexico, 16 Wall. (U. S.) 539.

DIVISION X.

JURISDICTION OF COURTS OF RECORD IN CRIMINAL OFFENSES AND MANNER OF PROSECUTING THE SAME. 392. Jurisdiction of circuit courts. SEC. 1. The circuit courts of the several counties, except of the county of Cook, shall have exclusive original jurisdiction of all criminal offenses, except as otherwise provided by law. [R. S. 1845, p. 146, § 31.

393. Of criminal court of Cook county. § 2. The criminal court of Cook county shall have exclusive original jurisdiction of all criminal offenses in the county of Cook, except such as is conferred upon justices of the peace, and appellate jurisdiction from justices of the peace.

[See Const., art. 6. § 26; People v. Bradley, 60 Ill. 390.

394. Prosecution in circuit courts. § 3. All offenses cognizable in the said courts shall be prosecuted by indictment.

395. Local jurisdiction. 4. The local jurisdiction of all offenses, not otherwise provided for by law, shall be in the county where the offense was committed. [See Const., art. 2, § 9.

396. Offense on county line. § 5. Where an offense shall be committed on a county line, or within one hundred rods of the same, it may be so alleged, and the trial may be in either county divided by such line; and where any offense shall be committed against the person of another, and the person committing the offense shall be in one county, and the person receiving the injury shall be in another county, the trial may be had in either of said counties. [R. S. 1845, p. 185, 186.

397. Party killing in one county and party killed in another. 6. If the party killing shall be in one county, [*407] and the party killed be in another county, at the time the cause

of death shall be administered or inflicted, or if it is doubtful in which of several counties the cause of death was administered or inflicted, the accused may be tried in either county. [R. S. 1845, p. 156, § 31.

398. Cause administered in one county, death occurring in another. § 7. If the cause of death is administered or inflicted in one county, and the party die within another county, or without the State, the accused shall be tried in the county where the cause of death was administered or inflicted. [R. S. 1845, p. 156, 31.

399. Jurisdiction in larceny. 8. Where property is stolen in another State or country, and brought into this State, or is stolen in one county of this State and carried into another, the jurisdiction shall be in any county into or through which the property may have passed, or where the same may be found.

[L. 1869, p. 113, 85; Stinson v. People, 43 Ill. 397.

400. Offense committed on navigable water of the State. 9. An offense committed on any of the navigable waters bordering on this State and within the jurisdiction of the State, may be alleged to have been committed and the offender may be tried in the county opposite which it was committed, or in any county through or into which the boat, raft or vessel (if committed on either) may pass or come in the course of the voyage, or in which the voyage may terminate. 401. Offense commenced without but consummated within the State. § 10. When the commission of an offense commenced without this State is consummated within this State, the offender shall be liable to punishment therefor in this State, though he was without the State at the time of the commission of the offense charged, if he consummated the offense within this State through the intervention of any innocent or guilty agency, or any means proceeding directly or indirectly from himself; and in such case he may be tried and punished in the county where the offense was consummated.

402. Offense committed on railroad car or watercraft. II. When any offense is committed in or upon any railroad car passing over any railroad in this State, or any water-craft navigating any of the waters within this State, and it cannot readily be determined in what county the offense was committed, the offense may be charged to have been committed and the offender tried in any of the counties

through or along or into which such railroad car or water-craft may pass or come, or can reasonably be determined to have been on or near the day when the offense was committed.

DIVISION XI.

PROCEEDINGS BEFORE GRAND JURY-INDICTMENT. 403. Sittings of grand jury. SEC. 1. The grand jury, having been impaneled and instructed by the court, shall retire to their room to consider such matters as may be brought before them. The court shall designate an officer to attend upon their sessions.

404. Presentments. 2. Grand juries shall present all offenses cognizable by the court at which they attend, and may appoint one of their number to take minutes of their proceedings, to be delivered to the prosecuting attorney, if the jury so directs.

405. May be summoned after adjournment. § 3. If they are dismissed before the court adjourns, they may be summoned again on any special occasion, at such time as the court directs.

[Stone v. People, 2 Scam. 326.

406. Witnesses. § 4. In all complaints exhibited before the grand jury of any county, they shall hear the witnesses on behalf of the people only.

[R. S. 1845, p. 186 § 187; Gardner v. People, 3 Scam. 83; Gates v. People, 14 Ill. 436; McKinney v. People, 2 Gilm. 552.

407. Evidence.

5. The grand jury may find an indictment

on the oath of one or more witnesses, except that in cases of [*408] treason or perjury, at least two witnesses to the same fact shall be deemed necessary, except where the fact is proved by some writing; or they may make presentment upon information of not less than two of their own body, unless the juror giving the information is sworn as a witness, in which case his evidence shall be considered the same as that of any other witness. In finding a bill of indictment, at least sixteen of the grand jury shall be present, and at least twelve of them shall agree to the finding.

[See "Jurors," ch. 78, § 19; R. S. 1845, P. 309, § 5, p. 186, § 187; Music v. People, 40 Ill. 272; Brennan v. People, 15 Ill. 515.

408. Form of indictment. § 6. Every indictment or accusation of the grand jury shall be deemed sufficiently technical and correct which states the offense in the terms and language of the statutes creating the offense, or so plainly that the nature of the offense may be easily understood by the jury. The commencement of the indictment shall be, in substance, as follows: STATE OF ILLINOIS, County,

Of the

term of the of our Lord 18

circuit court, in the year

The grand jurors chosen, selected and sworn, in and for the county of in the name and by the authority of the people of the State of Illinois, upon their oaths, present, etc. (here insert the offense, and time and place of committing the same, with reasonable certainty.)

[R. S. 1845, p. 181, § 162; Keedy v. People, 84 Ill. 569; Dyer v. People, 84 III. 624;