instant, who, upon oath, says that, on the day of being the first day of the week, called Sunday, C. D. did make a noise, (here state the facts,) whereby the peace of the family of the said L. M. was disturbed, contrary to the form of the statute in such case made and provided. He therefore prays that the said C. D. may be required to answer this complaint. L. M. Exhibited before me, this day of Justice of the peace. Form of warrant on information. State of Illinois, > La Salle county, ss. The people of the state of Illinois to any constable of the said county: Whereas, L. M. has this day made and exhibited an information and complaint, upon oath, before Hiram Higby, Esquire, one of the justices of the peace of the said county, that, on the day of 18 being the first day of the week, being Sunday, at Utica precinct in said county, C. D. did make a noise, (state the offence as in the complaint,) whereby the peace of the family of the said L. M. was disturbed, contrary to the form of the statute in such case made and provided: We, therefore, command you forthwith to take the said C. D., and bring him before the said justice to answer the said charge, and further to be dealt with according to law. Given under the hand and seal of the said justice, the day of Hiram Higby. [L. S.] 18 The forms of subpoena, venire, &c., page 233, in cases of assault and battery, may readily be altered to suit cases under this act. Record of conviction for offence in the view of the justice. State of Illinois, La Salle county, ss. Be it remembered that on the day of 18 at Utica precinct in the said county, C. D. did, in my view, (set forth the offence as in the information,) and thereupon I caused the said C. D. to be arrested and brought before me, he still remaining in my view, and I proceeded in the presence of the said C. D., (if a jury was required, add, "and of a jury, at the request of the said C. D. for that purpose empannelled and sworn,") to enquire into the truth of the said charge, and after hearing the proofs and allegations of the parties, the said C. D., on the said. day of 18 by me, the said justice, (if a jury was sworn, say "by the verdict of the said jury,") was convicted of the of fence aforesaid, and I, (or "the said jury,") assessed the fine which he should pay at the sum of dollars. Therefore, it is adjudged and determined by me, the said justice, that the said C. D., for the offence aforesaid, shall forfeit and pay the said sum of dollars so assessed by me, (or "by the said jury,") and I did further adjudge and determine that the said C. D. should pay the sum of for the costs and charges of this prosecution. dollars In witness whereof, I have hereunto set my hand and seal, this day of Hiram Higby. [L. S.] 18 Record of conviction on an information. State of Illinois, La Salle county, ss. Be it remembered, that on the day of 18 L. M. came before me, Hiram Higby, Esquire, a justice of the peace of the said county, and made and exhibited his complaint and information, upon oath, and gave me to understand and be informed that, on the day of instant, at Utica precinct in the said county, C. D. did, (set forth the offence as in the complaint,) that thereupon I issued a warrant, and caused the said C. D. to be apprehended and brought before me; that afterwards, on the day of 18 I proceeded (as in the above form.) Warrant of distress to levy fine and costs. State of Illinois, ? La Salle county, S ss. The people of the state of Illinois to any constable of the said county: day of Whereas, upon the information and complaint of L. M., lately exhibited upon oath before Hiram Higby, Esquire, a justice of the peace of said county, against C. D., for that on the 18 being the first day of the week, called Sunday, he did make a noise, (here state the facts as in the complaint,) whereby the peace of the family of the said L. M. was disturbed, and thereupon the said justice issued his warrant, and caused the said C. D. to be apprehended and brought before him, and proceeded in the presence of the said C. D., (if a jury was sworn, then add "and of a jury, at the request of the said C. D. for that purpose empannelled and sworn,") to enquire into the truth of the said charge, and after hearing the proofs and allegations of the parties, the said C. D., on the 18 by the said justice, (or "by the verdict of the said jury,") was convicted of the offence aforesaid, and the said justice (or "the said jury") assessed the fine which he should pay at the sum of dollars. And the said justice thereupon adjudged and determined that the said C. D. for the said offence should forfeit and pay the said sum of dollars, and the sum of dollars for the costs and charges of said prosecution: day of We, therefore, command you immediately to levy the said sum of dollars for the fine aforesaid, and, also, the sum of dollars for the costs and charges aforesaid, 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 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 hereon. Given under the hand and seal of the said justice, the day of Hiram Higby. [L. S.] 18 CHAPTER XV. WORSHIPPING CONGREGATIONS. By "An act to preserve good order in all worshipping congregations and societies in this state," it is enacted That any person who shall, by menace, profane swearing, vulgar language, or any disorderly or immoral conduct, interrupt and disturb any congregation or collection of citizens assembled together for the purpose of worshipping Almighty God, or who shall sell, or attempt to sell, or otherwise dispose of ardent spirits or liquors, or any articles which will tend to disturb any worshipping congregation or collection of people, within one mile of such place, unless the person so selling or disposing of said spirituous liquors or articles shall be regularly licensed to keep a tavern or grocery, any person so offending shall be deemed guilty of a high misdemeanor, and upon conviction, shall be fined in any sum not exceeding fifty dollars: Provided, That this act shall not be so construed as to affect any person who may sell whiskey, or any other ardent spirits, at his own distillery, store, or dwelling house." Gale's Stat., 727. "SEC. 2. Justices of the peace, respectively, in their several counties, shall have jurisdiction of the aforesaid offences, and may, on view, or upon information on oath, cause every such person, having offended as aforesaid, to be apprehended and brought before him to answer such charge. "SEC. 3. Any person who shall be accused as aforesaid, if he choose it, shall have the cause tried by a jury of six lawful jurors, and if he shall insist on a full jury, by twelve, who shall be summoned to try the cause; and if the jury shall find the accused guilty, they shall assess and state the amount of the fine, not more than stated in the first section of this act, upon which the justice before whom the trial shall be had, or in case the person shall plead guilty, shall give judgment for fine and costs, and proceed to collect the same without delay; and when said fine shall be collected, the officer or person collecting the same shall be required to pay it over without delay to the treasurer of the proper county, taking his receipt therefor: and which receipt shall be filed with the clerk of the county commissioners' court; after which the said fine or fines which may be thus deposited shall be subject to the control of said court, and appropriated to the education of any poor orphan child or children of the proper county. "SEC. 4. Any person who may consider himself or herself aggrieved by the judgment of the justice, may appeal to the circuit court of the county, and may remove the same, as in cases of assault and battery." State of Illinois, S Form of complaint. La Salle county, ss. The complaint and information of E. F. of said county, made before Hiram Higby, Esquire, one of the justices of the peace in and for the said county, on the day of 18 who being duly sworn by the said justice, on his oath says, that on the day of in the year of our Lord one thousand, &c., at Utica precinct in said county, L. M., of said county, did interrupt and disturb a collection of citizens, then and there in a (describe the house or grove,) assembled together for the purpose of worshipping Almighty God, by loud and profane swearing, (or as the case may be,) in the presence and hearing of said collection of citizens so assembled. Exhibited before me on the day and year Hiram Higby. first aforesaid. E. F. Form where the disturbance is by selling liquor by a person licensed, but who does not sell at his tavern or grocery. State of Illinois, La Salle county, ss. The complaint and information of E. F. of said county, made before Hiram Higby, Esquire, one of the justices of the peace in and for said county, on the day of in the year of our Lord, &c., who being duly sworn by the said justice, on his oath, says, that L. M., on the day of, &c., at Utica precinct in said county, and not at the store, distillery, dwelling house, tavern, or grocery of the said L. M., and within one mile of the place where a congregation of citizens were then and there actually assembled together in a (describe the house or grove,) for the purpose of worshipping Almighty God, did sell ardent spirits to X. Y. and to divers E. F. other persons, and thereby did then and there interrupt and disturb the said congregation so assembled. Exhibited before me the day and year first aforesaid. Hiram Higby. Form where the disturbance is by selling liquor by a person not State of Illinois, licensed. La Salle county, S ss. The complaint and information of E. F. of said county, made before Hiram Higby, Esquire, one of the justices of the peace in and for said county, on the day of, &c., who being duly sworn, on his oath says, that L. M. of said county, on the day of, &c., at Utica precinct in said county, and not at the store, distillery, or dwelling house of the said L. M., and without being regularly licensed to keep a tavern or grocery, and within one mile of the place where a congregation of citizens were then and there actually assembled together in a (describe the house or grove,) for the purpose of worshipping Almighty God, did sell ardent spirits to G. H. and to divers other persons, and thereby did then and there interrupt and disturb the said congregation so assembled. Exhibited before me the day and year E. F. first aforesaid. Hiram Higby. It would probably be an offence under this act to sell the liquor, whether the congregation was disturbed or not. State of Illinos, La Salle county, SS. Form of warrant. The people of the state of Illinois to any constable of the said county: Whereas, E. F. of said county, has this day made complaint, on oath, before Hiram Higby, Esquire, one of the justices of the peace in and for said county, that L. M. of said county, on (set out the complaint.) These are, therefore, to command you forthwith to appre'hend the said L. M. and bring him before the said justice to answer the said complaint, and further to be dealt with according to law. Given under the hand and seal of the said justice, the day of Hiram Higby. [L. S.] 18 The forms of subpoena, venire, &c., page 233, may readily be altered to suit the cases under this act. State of Illinois, 2 day of Record of conviction. La Salle county, S ss. Be it remembered, that on the in the year of, &c., E. F. of said county, came before me, Hiram Higby, Esquire, one of the justices of the peace in and for the said county, and made and exhibited his complaint and information, upon oath, and gave me to understand |