Form of minutes and proceedings to be entered in the docket or record book, where the defendant is convicted. The People บ. C. D. Justice's Fees. 1844, 20th August. Information and complaint of A. B. against C. D., for an assault and battery, taken upon oath and filed, and warrant issued against C. D. Warrant delivered to T. C., constable. 25 25 Taking complaint under oath Warrant Oath for adjournment 2 Subpœnas 50 Venire 25 63 Swearing 6 jurors 37 to attend jury Entering judgment Issuing execution 64 25 25 $2.37 Constable's Fees. Serving warrant 25 1844, 21st August. Defendant in court, in custody of T. C., constable. Upon hearing the information read, the defendant pleaded not guilty. The suit continued till the 25th August, inst., at one o'clock P. M. The defendant entered into recognizance with G. H. and I. J., sureties, to appear, &c. Venire issued, returnable at the same. time and place. Subpoena issued on the part of the people. Subpoena issued for the defendant. 1844, 25th August. A. B., the com50 plainant, and C. D., the defendant, appeared. Venire returned by T. C., constable, with a panel of jurors. Jury called and sworn. Witnesses sworn on the part of the people, J. M. and E. N. $1.564 2.37 $3.94 After hearing the proofs and allegations, the jury retire under the charge of the constable, and, upon returning into court, say, "We find the defendant guilty, and assess the fine which he shall pay at ten dollars." 1844, 25th August. It is therefore adjudged and determined that the said C. D. pay the said fine assessed by the jury at ten dollars, and also the sum of three dollars and ninety-four cents costs. Fine $10.00 $13.94 The like, when the defendant is discharged. The People V. C. D. 1844, 20th August. Information and complaint of A. B. against C. D., for an assault and battery, taken upon oath and filed, and warrant issued against C. D. Warrant delivered to T. C., constable. 1844, 22d August. Defendant in court in custody of T. C., constable. Upon hearing the information read, the defendant pleads not guilty. Subpoena issued on the part of the people. Subpœna issued on the part of the defendant. The defendant dispenses with a jury, and the cause is submitted to the justice for trial. Witnesses sworn on the part of the people, A. B., J. M., and E. N. After hearing the proofs and allegations of the parties, the justice finds the defendant not guilty of the charge, and, thereupon, adjudges and determines that the said C. D. be discharged, and acquitted of the said charge. If the complaint was malicious, then add the following. And it appearing to me, William Sly, Esquire, the justice before whom the said suit was tried, that there was no reasonable ground for said prosecution, and that it was maliciously entered, it is, therefore, adjudged and determined that the said prosecutor, A. B., pay the costs of this suit, and judgment is entered against him for the sum of seven dollars, the amount of said costs. Form of execution to levy fine and costs. State of Illinois, La Salle county, ss. The people of the state of Illinois to any constable of said county: Whereas, upon the information and complaint of A. B., lately exhibited before William Sly, Esquire, a justice of the peace of said county, upon oath, against C. D., for an assault and battery, the said C. D. was arrested and tried before the said justice and a jury, and found guilty of the charge, and the said jury assessed the fine which the said C. D. should pay, at the sum of ten dollars, and it was thereupon adjudged and determined by the said justice, that the said C. D. pay the fine so assessed, and, also, the sum of three dollars and ninety-four cents costs. We, therefore, command you immediately to levy the said sum of ten dollars so assessed, and, also, the said sum of three dollars and ninety-four cents costs, by distress and sale of the goods and chattels of the said C. D., (except such goods and chattels as are by law exempt from execution,) giving twenty days public notice of the day of sale, by putting up written advertisements at three of the most public places in the county. And do you return this precept with all convenient speed, with what you shall do thereon. Hereof fail not. Given under the hand and seal of the said justice, the William Sly. [L. S.] day of 18 Form of execution to levy costs in case of a malicions prosecution. State of Illinois, La Salle county, ss. The people of the state of Illinois to any constable of said county: Whereas, upon the information and complaint of A. B., lately exhibited before William Sly, Esquire, a justice of the peace. of said county, upon oath, against C. D., for an assault and battery, the said C. D. was arrested and tried before the said justice, (or, "and a jury,") and found not to be guilty of the charge, and it was thereupon adjudged and determined by the said justice, that the said C. D. be discharged and acquitted of the said charge. And, it appearing to the said justice on the said trial, that there was no reasonable ground for said prosecution, and that it was maliciously entered, it was adjudged and determined that the said prosecutor, A. B., pay the costs of said suit, and judgment was thereupon entered against him for the sum of seven dollars, the amount of said costs. We, therefore, command you to levy the said sum of seven dollars, costs as aforesaid, by distress and sale of the goods and chattels of the said A. B., (except such goods and chattels as are by law exempt from execution,) giving twenty days public notice of the day of sale, by putting up written advertisements at three of the most public places in the county. And do you return this precept with all convenient speed, with what you shall do thereon. Hereof fail not. Given under the hand and seal of the said justice, the day of William Sly. [L. S.] 18 Endorsement of a levy by a constable. 1844, 25th August. By virtue of the within execution, I have this day levied on one bay horse, &c. Thomas J. True, Constable. Advertisement. By virtue of an execution against the goods and chattels of C. D., I have levied on one bay horse, &c., which I shall expose to sale, at public vendue, on the 16th day of September next, at two o'clock in the afternoon, at the dwelling house of the said C. D., in Lorain precinct. Dated, August 26th, 1844. Thomas J. True, Constable. Return of the constable when fine and costs are collected. I do hereby certify and return, that I have levied the fine and costs mentioned in the within execution, and have paid over the said fine to the county commissioners' court, and have the costs ready to be paid over as required. Dated, Thomas J. True, Constable. Return of constable when no goods or chattels can be found. I do hereby certify and return, that I have made diligent search for, but do not know of, nor can find any goods or chattels of, the said C. D., whereof I may, by distress and sale, levy the sum of ten dollars fine, and three dollars and ninety-four cents costs, pursuant to the command of the within execution. Dated, &c. Thomas J. True, Constable. Form of a capias against the body, or mittimus. State of Illinois, ? La Salle county, ss. The people of the state of Illinois to any constable of said county, and to the keeper of the common jail of the said county: Whereas, upon the information and complaint of A. B., lately exhibited before William Sly, Esquire, a justice of the peace of said county, upon oath, against C. D., for an assault and battery, the said C. D. was arrested and tried before the said justice and a jury, and found guilty of the charge, and the said jury assessed the fine which he should pay at the sum of ten dollars, and it was thereupon adjudged and determined by the said justice, that the said C. D. should pay the said fine so assessed, and, also, the sum of three dollars and ninety-four cents costs. And whereas, it appears by the return of Thomas J. True, constable, dated the day of 18 that he hath made diligent search for, but doth not know of, nor can find, any goods or chattels of the said C. D., by distress and sale whereof the said sum of ten dollars fine, and three dollars and ninetyfour cents costs, may be levied pursuant to the command of our writ of execution to him delivered for that purpose. We, therefore, command you to apprehend the said C. D., and convey him to the common jail of the said county, and deliver him into the custody of the said keeper. And you, the said keeper, are hereby required to receive the said C. D. into your custody, in the said jail, and him there safely keep for the space of forty-eight hours, unless the said fine and costs shall be sooner satisfied, or until he shall be discharged by due course of law. Given under the hand and seal of the said justice, the day of 18 William Sly. [L. S.] CHAPTER V. BASTARDY. ALL persons who are not only begotten but born out of lawful matrimony, are bastards by the common law; but, by the civil law, those born before marriage are legitimated by a subsequent marriage; for, by the civil law, all persons adopted into a man's family were inheritable, and the canonists have allowed of this notion, because the subsequent marriage, they say, takes away the preceding guilt, and shows a consent from the beginning. 1 Bac. Ab., 512. 1 Bl. Com., 454. The civil law upon this subject has been adopted in this state by statute, which provides that, if the mother of any bastard child and the reputed father shall, at any time after its birth, intermarry, the said child shall in all respects be deemed and held legitimate. Gale's Stat., 333. By sec. 1 of "An act to provide for the maintenance of illegitimate children," it is enacted "That when any unmarried woman, who shall be pregnant or delivered of a child, which by law would be deemed a bastard, shall make complaint to any one or more of the justices of the peace of the county where she may be so pregnant or delivered, and shall accuse, under oath or affirmation, any person with being the father of such child, it shall be the duty of such justice or justices to issue a warrant, directed to the sheriff or any constable of such county, against the person so accused, and cause him to be brought forthwith before him or them. Upon his appearance, it shall be the duty of the said justice or justices, to examine the said woman, upon oath or affirmation, in the presence of the man alleged to be the father of the child, touching the charge against him. If the said justice or justices shall be of opinion that sufficient cause appears, it shall be his or their duty to bind the person so accused, in bond, with sufficient and good security, to appear at the next circuit court to be holden for said county, to answer to such charge; to which such court said warrant and bond shall be returned. On neglect or refusal to give such bond and security, the justice or justices shall cause such person to be committed to the jail of the county, there to be held to answer to such complaint." Gale's Stat., 332. Form of complaint before birth. State of Illinois, La Salle county, ss. The complaint of A. B., of Grafton precinct, in said county, an unmarried woman, made before John Ritchie, Esquire, one of the justices of the peace in and |