judgment in his opinion is unjust and erroneous, setting forth wherein the injustice and error consist, and that it was not in the power of the party to take an appeal in the ordinary way, setting forth the particular circumstances which prevented him from so doing.

SEC. 76. The justice of the peace, constable, and other persons concerned, shall, as soon as the writ of certiorari shall be served, stay all further proceedings in that case, until the further order of the circuit court.

SEC. 77. If the judgment of the justice shall be reversed by the circuit court, in whole or in part, such reversal shall not vitiate any sale on execution, which shall have been effected before the issuing of the writ of certiorari; but in such cases, the circuit court shall have power to assess the damages which shall have accrued in consequence of such sale, and to cause judgment to be entered or a deduction made therefor; and in all cases of a partial reversal of judgment, either in case of appeals or certiorari, the court shall have power to apportion the costs between the parties, according to justice.

Src. 78. The personal property of every defendant in a judgment before a justice of the peace, shall be bound for the payment of such judgment, from the delivery of the execution issued thereon, to the constable; and the real property of such defendant shall be bound as aforesaid, from the date of the filing of a transcript of the judgment in the clerk's office, as provided in this chapter.

SEC. 79. Every constable to whom an execution shall be delivered, shall indorse on the back of the same, an exact memorandum of the day and hour when the same shall have come to his hands, and shall immediately proceed to levy the same; indorsing also on the back of the execution, the date of such levy, and making an exact inventory of the property on which the same shall have been levied, and shall appoint a day and hour for the sale of said property, giving ten days previous notice of such sale, by advertisement in writing, to be posted up at three of the most public places in the county; and on the day so appointed, the said constable shall sell the property so levied on, or so much thereof as may be necessary to pay the debt, interest and costs, to the highest bidder.

SEC. 80. Any constable shall be authorized to remove property levied on by him, when it shall be necessary for the safe keeping of the same: Provided, That if the defendant shall desire to retain the property so levied on, until the day of sale, it shall be lawful for the said constable to allow the defendant so to keep the same, if said defendant shall give bond to said constable, in double the amount of the execution, with good security, conditioned for the delivery of said property, to the same constable, at the time and place of sale to be named in said bond; and if the said property shall not be delivered as aforesaid, at the time and place of sale, the constable having the execution, may proceed to levy the same, upon the same or any other property of the defendant, or upon the property of the security in such bond, and shall sell the same, giving two days publie notice of such sale by advertisement, to be posted at one public place.

SEC. 81. When the defendant, upon whom any summons or warrant issuing from a justice of the peace, shall be served, shall pay, or tender to the constable, the amount actually due, with all costs then accrued, and shall prove the same upon trial, and bring the money forward and deposit it with the justice of the peace, no costs which shall thereafter accrue, shall be adjudged against him, but the plaintiff shall pay the same.

SEC. 82. On the return of all executions, the constable shall pay over to the justice of the peace who issued the same, all money not previously paid over to the plaintiff; and also, all witness' fees which remain unpaid to any witness; and it shall be the duty of the justice of the peace to post up in his office, at least once in three months, a list of all witness' fees in his hands, and the names of the whom they belong; and for a failure to comply with this provision, a justice of the peace shall be liable to a fine of fifty dollars, to be recovered by action of debt in the name and behalf of the county commissioners' court.

persons to

SEC. 83. No person who is not a resident of this State, shall commence any action before a justice of the peace, until such non-resident shall file with the justice before whom such action may be brought, a bond, with sufficient security, for the payment of all costs which may be awarded against the plaintiff, should he fail in his suit; which bond shall be in the following form, as near as may be, inserting the names of the parties, the county and State:

I, E. F. do enter myself security for all costs that may accrue in the above case, this 18 ."

day of

SEC. 84. Such bond shall be signed by the security; and if the said plaintiff shall be cast in his suit, discontinue, or make default, and shall not, within ten days thereafter, pay to the justice all the costs that may have been occasioned to the defendant, to the justice and constable, jurors or witnesses, the justice shall issue his execution against the security for the amount thereof, accompanied with a bill of costs, in which shall be set down every particular charged. And if any suit shall be commenced by a non-resident as aforesaid, without filing a bond for costs as aforesaid, the suit shall be dismissed on the motion of the defendant, and the plaintiff shall be liable to pay all costs occasioned thereby, which may be recovered before any justice of the county, in the name of the party injured.

SEC. 85. When any defendant shall evade the service of process, and not listen to the same, or secrete himself, then the officer shall serve the same by leaving a copy at his place of residence with some white person of the age of ten years or upwards; and in all such cases, the constable shall make a special return when and how served, and the circumstances attending the same; and if the justice shall be satisfied that the defendant evaded the service by reading, and that the party is sufficiently notified and summoned, he shall proceed to hear and determine the case. SEC. 86. Any justice of the peace may appoint a suitable person to act as constable in a criminal or other case, where there is a probability that a person charged with any indictable offence will escape, or that goods and chattels will be removed, before application can be made to a qualified constable; and the person so appointed shall act as constable in that particular case, and no other; and any temporary appointment so made as aforesaid, shall be made by a written indorsement, under the seal of the justice deputing, on the back of the process, which the person receiving the same shall be deputed to execute.

SEC. 87. When any person shall be appointed and qualified to act as a constable, it shall be the duty of the clerk of the county commissioners' court to notify the sheriff of the county of such appointment; and the said sheriff shall keep a list of the constables within his county; and it shall be the duty of each sheriff to summon four constables (if necessary) of his county, to attend at each term of the circuit court, giving them ten days' notice, and taking them in rotation; which

constables, when so summoned, shall attend, and act under the sheriff as his deputies, during the sitting of such court; and any constable failing to attend as aforesaid, or refusing to act as such deputy, may be fined by said court for contempt thereof.

SEC. 88. It shall be the duty of every constable, when any felony or breach of the peace shall be committed in his presence, forthwith to apprehend the person committing the same, and bring him before some justice of the peace, to be dealt with according to law: to suppress all riots and unlawful assemblies, and to keep the peace, and also to serve and execute all warrants, writs, precepts and other process, to him lawfully directed; and, generally, to do and perform all things appertaining to the office of constable within this State.

SEC. 89. When any person shall be about to commence an action of trespass or trover, before a justice of the peace, and he shall make oath before such justice that he verily believes that the benefit of whatever judgment may be recovered in such action, will be in danger of being lost, unless the defendant or defendants be held to bail; upon such oath being made, the justice shall issue a warrant, as in cases for debt, varying the same to suit the action, and the defendant may release his body by giving special bail, as in actions of debt.

SEC. 90. Upon all judgments in actions of trespass or trover, the justice may issue an execution against the goods and chattels or body of the defendant, at the election of the plaintiff.

SEC. 91. In cases of judgment for debt, whenever the plaintiff or his authorized agent shall make oath before the justice, in whose office such judgment may be, that he or she verily believes the defendant or defendants to be able to pay such judgment, and withholds the money, or secretes his, her or their property from the officer, so that the debt can not be levied, it shall be lawful for the plaintiff to demand, and for the justice to issue execution against the body of such defendant or defen

dants.

SEC. 92. In all cases in which a defendant shall give special bail under the provisions of this chapter, and shall not be surrendered on or before the return day of the fieri facias upon the judgment, nor a sufficiency of property be found to pay the judgment and costs, within the time aforesaid, it shall be the duty of the justice of the peace, upon the application of the plaintiff, or his agent, to issue a summons against the special bail, in the following form, as nearly as may be, to-wit: STATE OF ILLINOIS, The People of the State of Illinois, to any constable of said county, GREETING:

the

COUNTY.

}

You are hereby commanded to summon

day of

on

to appear before me, at at o'clock, to show cause, if any he have, why judgment should not be rendered against him, as the special bail of issued by me against him, in favor of cents, the amount of the judgment rendered against the said said and hereof make due return, as the law directs.

for the sum of

JOHN

upon a capias

dollars and

in favor of the

Given under my hand DOE, J. P. [L. S.]

In which summons the justice shall specify a certain day, place and hour for the trial, not less than ten, nor more than fifteen days from the date thereof, at which time and place the defendant is to appear; which process shall be served and return made as in other cases.

SEC. 93. If the defendant does not appear, the justice shall hear the case, enter judgment and award exccution as in other cases.

SEC. 94. If the defendant shall appear at the time and place appointed for trial, he shall be permitted to show cause for his failure to comply with the condition of his undertaking, or to show that he hath complied with the same; and if it shall appear that the defendant was prevented from surrendering the body of the original defendant, by the act of the plaintiff, or that the said original defendant had departed this life previous to the time required for making such surrender, or that his health was such as to endanger his life by such surrender, or that he had delivered the body in execution, according to the condition of the recognizance, then the bail shall be released and discharged from all liability.

SEC. 95. In all cases of assault, assault and battery and frays, any justice of the peace may, upon his own knowledge, or upon the oath of any competent person, issue his warrant to any constable of his county for the arrest of every person charged with either of said offences; 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 defendant 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 the appeal in said court, upon the trial of such appeal.

SEC. 102. When any defendant convicted of either of the said offences, 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 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 can not 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 offences shall confess himself guilty, the jury, or the justice, if he shall not require 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 offences herein enumerated, after the expiration of twelve months from the time the offence 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.

SEC. 106. It shall be the duty of each of the justices of the several counties to return to the county commissioners' court, at each regular term thereof, a list of all fines before them assessed, stating the name or names of the defendant or defendants, and of the constable or constables charged with the collection of said fine or fines, to enable the said court to settle with the said constables; and a failure of any such justice, before whom any fine shall have been assessed under the provisions of this chapter, to make such return, shall work a forfeiture of double the amount of the fines assessed before him, to be recovered as prescribed in the succeeding section.