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and be informed, that on, &c., at, &c., (recite the complaint to the end;) that thereupon I issued a warrant, and caused the said L. M. to be apprehended and brought before me; that afterwards, on the day of, &c., I proceeded in the presence of the said L. M., (if there was a jury, say, " and of a jury, at the request of the said L. M., 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 L. M., on the said day of, &c., by me, the said justice, (or if a jury, say, "by the verdict of the jury,") was convicted of the said offence, 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 L. M., for the offence aforesaid, shall forfeit and pay the said sum of dollars so assessed, and I do further adjudge and determine that the said L. M. shall pay the sum of dollars for the costs and charges of this prosecution. In witness whereof, I have hereunto set my hand and seal, Hiram Higby. [L. S.]

this

day of

18

Warrant of distress.

State of Illinois,ss.

La Salle county, ss. The people of the state of Illinois to any constable of said county:

Whereas, upon the information and complaint of E. F. of said county, lately exhibited, upon oath, before Hiram Higby, Esquire, a justice of the peace in and for said county, against L. M. of the said county, for that on, &c., at, &c., (as in complaint.) And thereupon the said justice issued his warrant, and caused the said L. M. to be apprehended and brought before him, and proceeded in the presence of the said L. M. (if a jury, then add, " and of a jury, at the request of the said L. M. 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 L. M., on the day of, &c., 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 L. M., for the said offence, should forfeit and pay the sum of dollars, and the sum of dollars for the costs and charges of the said prosecution. We, therefore, command you, without delay, to levy the said 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 L. M. And do you return this precept with all convenient speed, with what you shall do hereon.

sum of

Given under the hand and seal of the said justice, the day of Hiram Higby. [L. S.]

18

CHAPTER XVI.

FEES IN CRIMINAL CASES.

Justices' fees in criminal cases.

For taking each complaint in writing, under oath, For taking the examination of the accused, and the testimony of witnesses in cases of felony, and returning the same to the circuit court, for every seventy-two words,

For each warrant,

Taking recognizance and returning the same,
For each subpoena,

For each jury warrant in a trial of assault and battery,

For each order or judgment thereon,

Administering each oath,

For entering the verdict of the jury,

For each mittimus,

For each execution,

For entering each appeal,

For transcript of judgment and proceedings in cases of appeals,

But in all cases where the defendant shall be acquitted, or otherwise legally discharged, without the payment of costs, the justice shall not be entitled to any fees.

Constables' fees in criminal cases.

For serving a warrant on each person named therein, Mileage, to be computed from the office of the justice who may have issued the same, to the place of service, for each mile,

Serving each subpoena,

Mileage from the justice's office to the residence of the witness, per mile,

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Taking each person to jail when committed,
Mileage from the justice's office to the jail, per mile,
For summoning jury in case of assault and battery,

But in all cases where the defendant shall be acquitted, or otherwise discharged, without the payment of costs, the constable shall not be entitled to any fees.

47

Cents. 25

121

25

50

25

64

25

121

25

25

25

25

50

25

61

12

61

25

61

50

PART IV.

OF PROCEEDINGS BEFORE JUSTICES OF THE PEACE IN CIVIL CASES.

CHAPTER I.

OF THE JURISDICTION OF JUSTICES OF THE PEACE IN CIVIL CASES.

1. Or the jurisdiction.

2. Of proceedings without jurisdiction.

1. Of the jurisdiction.

Justices of the peace derive their authority for the hearing, trying, and determining civil suits, from the statutes.

But the courts held by them are not made courts of record. A court of record is that where the acts and judicial proceedings are enrolled for a perpetual memorial, which rolls are called the records of the court. 3 Bl. Com., 24.

Justices of the peace, in holding courts for the trial of civil causes, do not enrol the proceedings had before them, but make memoranda of the issuing and return of process, of orders made, and judgments rendered, and file and keep all papers given them in charge. Gale's Stat., 402.

Though the proceedings and judgment before a justice of the peace may not be technically a record, yet the original entries recorded by him in his book, are public documents. 1 Starkie Ev., 256. And the statute, in directing the manner in which such proceedings and judgments may be authenticated, seems to regard them as in the nature of a record. Gale's Stat.,

287.

Where a suit is brought before a justice of the peace which terminates in a final judgment on the merits, then both parties shall be precluded from further litigation in relation to all matters that might have been decided in that case. 1 Scam. Rep., 152.

A justice's court, it will be perceived from the manner of its organization and the powers conferred upon it, has but a limited jurisdiction. 1 Scam. Rep., 237.

By sec. 1 of "An act concerning justices of the peace and

constables," it is enacted "That the justices of the peace in this state, shall have jurisdiction within their respective counties, to hear and determine all civil suits, for any debts or demands of the following description, viz: For any debt claimed to be due on a promissory note, contract, or agreement in writing, where the whole amount of such written contract, agreement, or note shall not exceed one hundred dollars. For any debt due upon a verbal contract or promise for a valuable consideration, not exceeding one hundred dollars. For any debt claimed to be due for goods, wares, or merchandise sold and delivered; or for work or labor done, or services rendered, where the amount claimed shall not exceed one hundred dollars. For any debt claimed to be due for money had and received, for money lent, for money paid by the plaintiff for the defendant at his request, and for money received by the defendant for the plaintiff's use, not exceeding one hundred dollars. For any debt claimed to be due upon open and unsettled accounts between individuals, where the whole amount of the accounts of either party shall not exceed one hundred dollars. For any debt claimed to be due upon any settled account, where the balance settled and ascertained between the parties, and remaining unpaid, shall not exceed one hundred dollars. For any debt claimed to be due upon a contract for rent, not exceeding one hundred dollars. For any debt claimed to be due for any specific article of property, whether due by bond, note, or verbal promise, not exceeding one hundred dollars. And for all debts claimed to be due, not exceeding one hundred dollars, for which the action of debt or assumpsit would lie: Provided, That nothing herein contained, shall be construed so as to vest a justice of the peace with jurisdiction, in any case in which an executor or administrator shall be a party, where the sum demanded exceeds twenty dollars, except for debts due for property purchased at an executor or administrator's sale, when the same does not exceed one hundred dollars." Gale's Stat., 402.

In Dowling v. Stewart et al., which was an action brought before a justice of the peace against Dowling, the owner of a dray, to recover the value of a hogshead of sugar, it having fallen into the river and been lost by the negligence of a servant employed to carry the sugar, it was held that the justice had jurisdiction. A fair construction of the above section will connect the word "demand" with the several species of debts enumerated in it. It was the design to give justices jurisdiction in the cases enumerated, not technically as for debts, but as demands of the kind indicated. The proof in this cause shows that the plaintiff's demand arose out of a verbal promise by the defendant to carry and deliver the hogshead of sugar for a valuable consideration, not expressed, yet implied in law, as he carried for hire. The demand did not exceed one hundred dollars; it arose out of a verbal contract, and would be

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