CHAPTER IX. OF PROCEEDINGS IN CASES OF ASSAULT, ASSAULT AND BATTERY, AND AFFRAYS. Assault and battery is the unlawful beating of another.1 Rev. Stat. 329, Sec. 95. "In all cases of assault, assault and battery, and frays, any justice of the peace may, upon his own knowledge, or upon oath of any competent person, issue his warrant to any constable in his county for the arrest of every person charged with either of said offenses; and upon the arrest of such person, shall cause a jury to be summoned, (unless the party accused shall dispense with a jury,) who shall hear the cause, and if they find the accused guilty, shall assess such fine as they shall deem just, not, however, to be less than three nor more than one hundred dollars. "Sec. 96. Upon the jury returning their verdict of guilty, and the assessment of the fine, the justice shall record the same in his docket or record book, and proceed to render judgment thereon for the amount. of the said fine and costs; but if the jury return a verdict of not guilty, the justice shall record the same, and discharge the defendant or defendants without costs. Sec. 97. Upon the rendition of such judgment, the justice shall issue execution for the fine and costs, which may be levied upon any personal property of the defendant or defendants, which shall be sold for whatever it will bring in cash, after giving notice as in other cases: Provided, however, That if the party so convicted have a family, then the constable shall reserve from execution one bed and bedding, one cow, and ten dollars' worth of household and kitchen furniture. "Sec. 98. If the constable shall return upon such execution, that the defendant or defendants have no goods and chattels whereof to make the money, the justice shall issue a capias against the body of the de (1) Rev. Stat. 159, Sec. 53. fendant or defendants, and the constable shall arrest such person or persons, and commit him or them to the jail of the county, there to remain forty-eight hours; and if the fine exceed ten dollars, then to remain in said jail twenty-four hours for every five dollars over and above the said ten dollars, and so on in proportion to the amount of said fine. "Sec. 99. If any person so convicted, shall wish to appeal to the circuit court, he shall signify the same to the justice of the peace who gave the judgment, and the justice shall give him a statement of the amount of the fine and costs, and upon producing the same to the clerk of the circuit court of the proper county, the clerk shall write a bond to the people of the State of Illinois, in a penalty double the amount of the fine, and a sufficiency to cover all costs, conditioned for the payment of the amount of whatever judgment the court may render against said defendant, which the said party appealing shall execute, with sufficient security to be approved by the said clerk; and when such bond shall be executed, the clerk shall notify the justice who tried the cause thereof, and the said justice shall stay all further proceedings, and return the papers to the next succeeding circuit court, when the same shall be tried: Provided, All such appeals shall be prayed for, and the bond executed, within five days after judgment rendered. "Sec. 100. If the defendant shall be found guilty in the circuit court, judgment shall be rendered against both principal and security in the appeal bond, for the amount of the fine assessed by the jury in said court, and all costs that may have accrued. "Sec. 101. If any person shall be dissatisfied with the verdict given in such cases, before any justice of the peace, because of the fine being too low, or because the defendant may have been acquitted, he shall be permitted to remove the said case into the circuit court, upon his executing bond to the people of the State of Illinois, before the clerk, in a penalty sufficient to cover all costs that have or may accrue, conditioned for the payment of all costs, in case the defendant shall be acquitted, or the fine not increased; which bond shall be executed in ten days after the judgment of the justice shall have been given; and when said bond is executed, the clerk shall notify the justice thereof, and said justice shall return all the proceedings to the said court; and if the defendant shall be acquitted in the circuit court, or the fine not increased by the jury, the court shall render judgment against the party who removed the said case into the circuit court, and his security in the appeal bond, for all costs occasioned by the appeal: Provided, The party removing a case into the circuit court shall not be a witness against the defendant in said court, upon the trial of such appeal. "Sec. 102. When any defendant convicted of either of the said offenses, or any person dissatisfied with the verdict as aforesaid, appeals to the circuit court, it shall be the duty of the justice to return to the clerk when he returns the papers in the case, the names of all the material witnesses who shall have testified on the trial, and the clerk shall issue subpoenas for them. "Sec. 103. When the case is removed into the circuit court, as provided by the one hundred and first section, the party removing it shall cause a summons to be issued and served upon the defendant, notifying him of the appeal; and if the defendant cannot be found in the county, to serve said process upon, the case shall not be continued; but the court shall cause his appearance to be entered, and proceed to trial, as though the defendant were present, and had filed the plea of not guilty. "Sec. 104. If any person accused of either of the above offenses shall confess himself guilty, the jury, or the justice, if he shall not requiré a jury, shall hear the evidence and assess the fine; and the justice shall enter judgment and issue execution, subject to appeal as in other cases. 'Sec. 105. No person shall be proceeded against for the commission of any of the offenses herein enumerated, after the expiration of twelve months from the time the offense was committed, unless such offender shall withdraw himself from the county for the purpose of avoiding trial, in which case he shall be tried at any time within twelve months after his return or apprehension." Form of Complaint for an Assault. STATE OF ILLINOIS, SS. The information and complaint of A. B., of in said county, 18-, with force and arms, in the said at who, being duly sworn, upon his oath says, that C. D., of- in the county aforesaid, him, the said A. B., did unlawfully make an attempt to strike, beat, and wound with a cane, then and there having the ability to commit the said injury. He, therefore, prays that the said C. D. may be arrested and dealt with according to law. Subscribed and sworn before me, this A. B. Form of Information and Complaint for Assault and Battery. The information and complaint of A. B., of —, in said county, who, being duly sworn, upon his oath says, that C. D., of said county, on the -, in the day of -, 18-, with force and arms, at in the county aforesaid, in and upon the said A. B., did make an assault, and with his hands and feet did then and there beat, bruise, wound and injure him, the said A. B. He, therefore, prays that the said C. D. may be arrested and dealt with according to law. Subscribed and sworn before me, this A. B. day of The information and complaint of A. B., who being duly sworn, upon his oath says, that C. D. and G. H., on the 18-, at, in the county aforesaid, did, by agreement, fight in a public place, that is to say, in the public highway, there situate, and did then and there make an affray, to the terror of the citizens of this State then and there being. He, therefore, prays that the said C. D. and G. H. may be arrested and dealt with according to law. the Sworn and subscribed before me, this day of, 18-. L. M., J. P. Form of Warrant for an Assault. STATE OF ILLINOIS, COUNTY, SS. A. B. The People of the State of Illinois to any Constable of said County : Whereas, A. B. has this day made complaint in writing, upon oath, before L. M., Esquire, a justice of the peace of said county, that on day of, 18, at, in the county aforesaid, C. D. did unlawfully attempt to violently strike, beat, and wound him, the said A. B., with a cane, then and there having the ability to cominit the said injury: These are, therefore, to command you forthwith to arrest the said C. D., and bring him before the said justice, to answer unto the said complaint, and to be further dealt with according to law. Given under the hand and seal of the said justice, at county, the day of 18-. in said L. M., J. P. [SEAL.] Form of Warrant for Assault and Battery. STATE OF ILLINOIS,} SS. The People of the State of Illinois to any Constable of said County: Whereas, A. B. has this day made complaint in writing, upon oath, before L. M., Esquire, a justice of the peace of said county, that on the 18-, at- in the county aforesaid, C. D. day of did violently assault and unlawfully beat him, the said A. B. : These are, therefore, to command you forthwith to arrest the said C. D., and bring him before the said justice, to answer unto the said complaint, and to be further dealt with according to law. Given under the hand and seal of the said justice, at said county, the day of in the 18-. " L. M., J. P. [SEAL.] Form of Warrant for an Affray. STATE OF TULINOIS, } SS. 18-, at The People of the State of Illinois to any Constable of said County: Whereas, A. B. hath this day made complaint in writing, upon oath, before L. M., Esquire, a justice of the peace of said county, that on the day of in the county aforesaid, C. D. and G. H. did, by agreement, fight in a public place, that is to say, in the public highway, there situate, and did then and there make an affray, to the terror of the citizens of this State, then and there being: These are, therefore, to command you forthwith to arrest the said C. D. and G. H., and bring them before the said justice, to answer unto the said complaint, and to be further dealt with according to law. Given under the hand and seal of the said justice, at |