CHAPTER XII. FORMS OF PROCEEDINGS IN JUSTICES' COURTS. Summons in debt or assumpsit. State of Illinois, La Salle county, ss. The people of the state of Illinois. to any constable of said county: You are hereby commanded to summon A. B. to appear before me, at on the day of at o'clock, to answer the complaint of C. D. for a failure to pay him a certain demand not exceeding one hundred dollars; and thereof make due return as the law directs. Given under my hand and seal, this 18 day of John Doe, [L. S.] Justice of the peace. Summons and notice to appear and testify. State of Illinois, La Salle county, ss. The people of the state of Illinois to any constable of said county: day of You are hereby commanded to summon C. D. to appear before me, at my office in in said county, on the 18 at the hour of o'clock, A. M., to answer the complaint of A. B. for a failure to pay him a certain demand not exceeding one hundred dollars, and hereof make due return as the law directs. The said defendant is hereby also notified that the said plaintiff says that he has no witness by whom to prove his demand, except it be by his own oath, or the oath of the said defendant; and unless the said defendant appear at the trial of said complaint, the plaintiff will be permitted to prove his demand by his own oath, as by law is directed in such cases. Given under my hand and seal at my office in said county, this day of in A. D. 18 La Salle county, ss. The people of the state of Illinois to any constable of the said county, Greeting: You are hereby commanded to summon John Doe to appear before the undersigned, a justice of the peace of the said noon, to an county, at his office in Ottawa, in said county, on the sixth day of instant, at o'clock in the swer the county commissioners of La Salle county, on the relation of James Law, supervisor of road district number in said county, of a plea of debt for one hundred dollars on statute, to wit: "An act concerning public roads, approved Feb. 20, 1841," to his damage one hundred dollars. And have you then and there this precept. Given under the hand and seal of the said justice, this day of J. P. [L. S.] 18 The above form may be varied to suit any case for the recovery of a penalty given by statute. Summons against constable, &c., and securities. State of Illinois:ss. The people of the state of Illinois, county, to any constable of said county, Greeting: You are hereby commanded to summon A. B., C. D., and E. F. to appear before me at on the day of next, to answer the complaint of G. H. for a failure of the said A. B. to pay to the said G. H. a certain sum of money not exceeding one hundred dollars, collected by the said A. B. as constable for the said G. H., and hereof make due return as the law directs. Given under my hand and seal, this 18 day of J. P. [L. S.] Justice of the peace. State of Illinois, Summons in trespass. La Salle county, ss. The people of the state of Illinois to any constable of said county, Greeting: You are hereby commanded to summon John Doe to appear before the undersigned, a justice of the peace of said county, at his office in Ottawa, in said county, on the o'clock in the day of instant, (or next,) at noon, to answer James Kerr of a plea of trespass on personal property, to the damage of the said James Kerr twenty dollars. And have you then and there this precept. Given under the hand and seal of the said justice, this day of 18 J. P. [L. S.] Summons in trover. State of Illinois, La Salle county, ss. The people of the state of Illinois to any constable of said county, Greeting: You are hereby commanded to summon John Doe to appear before the undersigned, a justice of the peace of said county, at his office in Ottawa, in said county, on the o'clock in the day of instant, (or next,) at swer James Kerr of a plea of trespass on the case for converting and disposing of the goods and chattels of the said James Kerr to his damage twenty dollars. And have you then and there this precept. Given under the hand and seal of the said justice, this day of 18 J. P. [L. S.] peace: dollars James Kerr, the plaintiff in the above entitled suit, being sworn, on oath says, that he lately recovered a judgment in said suit before Thomas Larkin, a justice of the peace of said county, against said John Doe, for the sum of debt (or damages) and dollars costs; that an execution has been lately issued on said judgment and returned by a constable of said county, no property found; that the said John Doe has no property within deponent's knowledge in his possession liable to execution; that deponent has just reason to believe and does believe that one C. D. is indebted to the said John Doe, (or "that C. D. hath effects of the said John Doe in his hands.") James Kerr. Subscribed and sworn to before Thomas Lakin, justice of the peace of said coun- 18 Form of summons in the above case. State of Illinois, La Salle county, ss. The people of the state of Illinois to any constable of said county, Greeting: Whereas, James Kerr hath this day made oath before the undersigned, a justice of the peace of said county, that he lately recovered a judgment before Thomas Larkin, a justice of the peace of said county, against the said John Doe, for the sum of dollars debt (or damages) and costs; that an execution has been lately issued on said judgment and returned by a constable of said county, no property found; that said John Doe has no property within deponent's knowledge in his possession liable to execution; that deponent has just reason to believe and does believe that one C. D. is indebted to the said John Doe, (or "that C. D. hath effects of the said John Doe in his hands :") Now, therefore, we command you that you summon the said C. D. to appear forthwith as garnishee before the undersigned, at his office in Ottawa, in said county, to answer what may be then and there objected against him. Given under the hand and seal of the said Thomas Larkin, justice of the peace, this day of 18 Thomas Larkin. [L. S.] Summons or scire facias against bail. State of Illinois, La Salle county, S ss. The people of the state of Illinois to any constable of the said county, Greeting: You are hereby commanded to summon fore me, at on the day of to show cause, if any he have, why judgment dollars and rendered against the said to appear beat o'clock, should not be upon a cafor the sum cents, the amount of the judgment in favor of the said and hereof make due return, as the law directs. Given under my hand and seal, this 18 day of John Doe, [L. S.] Justice of the peace. Capias in debt or assumpsit. State of Illinois, La Salle county, ss. The people of the state of Illinois to any constable of the said county, Greeting: on the day of and You are hereby commanded to take the body of bring him forthwith before me, unless special bail be entered; and if such bail be entered, you will then command him to appear before me, at at o'clock, to answer the complaint of A. B. for a failure to pay him a certain demand not exceeding one hundred dollars; and hereof make due return as the law directs. Given under my hand and seal this day of 18 John Doe, [L. S.] State of Illinois,} Capias in trespass. La Salle county, S ss. The people of the state of Illinois to any constable of the said county, Greeting: You are hereby commanded to take the body of John Doe and bring him forthwith before Thomas Larkin, a justice of the peace of the said county, at his office in Ottawa, in said coun ty, unless special bail be entered; and if special bail be entered, you will then command him to appear before the said justice at his said office, on the at o'clock in the : day of instant, noon, to answer James Kerr of a plea of trespass on personal property, to his damage twenty dollars and hereof make due return as the law directs. Given under the hand and seal of the said justice, this day of Thomas Larkin, [L. S.] 18 Justice of the peace. In trover. "Of a plea of trespass on the case for converting and disposing of the goods and chattels of the said James Kerr." I, Thomas Nokes, acknowledge myself special bail for the State of Illinois, La Salle county, SS. A. B. of Ottawa, in said county, being duly sworn, deposes and says, that E. F., against whom the said A. B. is about to sue out an attachment, is justly indebted to him in the sum of dollars. 18 a war This deponent further says, that the said E. F. so conceals himself that civil process cannot be served upon him, (or "that the said E. F. so absconds that civil process cannot be served upon him ;" or "that on the day of rant for the arrest of the said E. F. for the debt aforesaid, was, upon the application on oath of this deponent, duly issued by one then a justice of the peace of said county, and placed in the hands of one then a constable of said county, to be served; and that the said E. F. stands in defiance of the said constable so that said warrant cannot be served;" or "that the said. E. F is not a resident of the state |