zance, if it sufficiently appears, from the tenor thereof, at what court the party or witness was bound to appear, and that the court or magistrate before whom it was taken was authorized by law to require and take such recognizance.

312. WHEN BAIL TO BE EXONERATED ON DEFAULT MADE.] § 19. If, by the act of God, bail are unable without their fault to surrender their principal, they shall, on motion, before final judgment on scire facias, be exonerated and discharged by the court, with or without costs, as the court deem equitable.

DIVISION IV.

TIME OF COMMENCING PROSECUTIONS-LIMITATIONS.

[See R. S. 1845, p. 189, § 200]

313. FOR MURDER OR MANSLAUGHTER.] § 1. An indictment for the crime of murder or manslaughter may be found at any period after the death of the person alleged to have been killed.

314. FOR ARSON OR FORGERY.] § 2. An indictment for arson or forgery may be found at any time after the commission of the crime.

315. FOR OTHER FELONIES.] § 3. All indictments for other felonies must be found within three years next after the commission of the crime, except as otherwise provided by law.

316. FOR OTHER OFFENSES, ETC.] § 4. All prosecutions by indictment or otherwise, for misdemeanors, or for any fine or forfeiture under any penal statute, shall be commenced within one year and six months from the time of committing the offense or incurring the fine or forfeiture, except as otherwise provided by law. [See § 64.

317. TIME OF ABSENCE NOT COUNTED.] § 5. No period during which the party charged was not usually and publicly resident within this state shall be included in the time of limitation.

318. TIME OF PENDENCY OF PROCEEDINGS NOT COUNTED.] § 6. When an indictment, information or suit is quashed, or the proceedings on the same are set aside, or reversed on writ of error, the time during the pendency of such indictment, information or suit, so quashed, set aside or reversed, shall not be reckoned within the time limited by this act, so as to bar any new indictment, information or suit for the same offense.

DIVISION V.

PROCEEDINGS TO PREVENT COMMISSION OF CRIMES.

319. CONSERVATORS OF THE PEACE.] § 1. All judges of courts of record within their respective jurisdictions, and justices of the peace in their respective counties, are conservators of the peace, and shall cause to be kept all laws made for the preservation of the peace, and may require persons to give security to keep the peace, or for their good behavior, or both, as provided by this act. [R. S. 1845, p. 190, § 201.

320. COMPLAINT.] § 2. When complaint is made to any such judge or justice of the peace that a person has threatened or is about to commit an offense against the person or property of another, he shall examine on oath the complainant, and any witness who may be produced, and reduce the complaint to writing, and cause it to be subscribed and sworn to by the complainant.

321. WARRANT.] § 3. If such judge or justice of the peace is satisfied that there is danger that such offense will be committed, he shall issue a warrant requiring the proper officer to whom it is directed forthwith to apprehend the person complained of, and bring him before such magistrate, or before some other court or magistrate having jurisdiction in the premises. [R. S. 1845, p. 190, § 201.

322. EXAMINATION.] § 4. When the person complained of is brought be fore the court or magistrate, if the charge is controverted the testimony produced on both sides shall be heard.

323. WHEN COMPLAINT IS NOT SUSTAINED-COSTS.] § 5. If it appear that there is no just reason to fear the commission of the offense, the defendant shall be discharged; and if the judge or justice of the peace is of the opinion that the prosecution was commenced maliciously without probable cause, he may give judgment against the complainant for the costs of the prosecution. [L. 1845, p. 579, § 1.

324. RECOGNIZANCE.] § 6. If, however, there is just reason to fear the commission of such offense, the defendant shall be required to give a recognizance, with sufficient security, in such sum as the court or magistrate may direct, to keep the peace towards all people of this state, and especially towards the person against whom or whose property there is reason to fear the offense may be committed, for such time, not exceeding twelve months, as the court or magistrate may order. But he shall not be bound over to the next court unless he is also charged with some other offense for which he ought to be held to answer at such court. [R. S. 1845, p. 190, § 201.

325. DISCHARGE OR COMMITMENT.] § 7. If the person so ordered to recognize complies with the order, he shall be discharged; but if he refuses or neglects, the court or magistrate shall commit him to jail during the period for which he was required to give security, or until he so recognizes, stating in the warrant the cause of commitment, with the sum and time for which the security was required. [R. S. 1845, p. 190, § 201.

326. COSTS.] § 8. When a person is required to give security to keep the peace, or for his good behavior, the court or magistrate may further order that the costs of the prosecution, or any part thereof, shall be paid by such person, who shall stand committed until the costs are paid, or he is otherwise legally discharged.

327. APPEAL.] § 9. Whoever is aggrieved by the order of the magistrate requiring him to recognize as aforesaid, may, on giving the security required, appeal to the next term of the circuit court to be held in the same county, (except that in the county of Cook the appeal shall be taken to the criminal court of Cook county). Such recognizance shall, in case of an appeal, contain a condition that the appellant will pay the costs of the appeal, in case the order is affirmed or the appeal dismissed.

328. RECOGNIZANCE OF WITNESSES.] § 10. The court or magistrate shall, when necessary, require the witnesses to support the complaint to recognize for their appearance at the court appealed to.

329. PROCEEDINGS ON APPEAL.] § 11. The court before which the appeal is prosecuted may affirm the order, or discharge the appellant, or may require him to enter into a new recognizance, with sufficient sureties, in such sum and for such time as the court deems proper, and may make such order in relation to the costs of prosecution as may be deemed just and reasonable.

330. FAILING TO PROSECUTE APPEAL.] § 12. If the appellant fails to prosecute his appeal, his recognizance shall remain in full force and effect as to any breach of the conditions, without an affirmance of the judgment or order of the magistrate, and shall also stand as his security for any costs which the court appealed to orders to be paid by the appellant.

331. DISCHARGE ON RECOGNIZANCE AFTER COMMITMENT.] § 13. A person committed for not finding sureties, or refusing to recognize as required by the court or magistrate, may be discharged by any judge or justice of the peace of the county on giving such security as was required.

332. RECOGNIZANCE RETURNED TO CIRCUIT COURT-HOW PROSECUTED.] §14. Every recognizance taken in pursuance of the foregoing provisions shall be transmitted by the magistrate to the circuit court of the county, (except that in the county of Cook it shall be transmitted to the criminal court of Cook county,)

by the first day of the next term, and shall be filed of record by the clerk, and upon a breach of the condition the same shall be prosecuted by the state's attorney.

333. CONVICTION NOT NECESSARY.] § 15. In proceeding upon a recognizance it shall not be necessary to show a conviction of the defendant of an offense against the person or property of another.

334. BREACH OF PEACE IN PRESENCE OF A COURT OR MAGISTRATE.] § 16. A person who, in the presence of a court or magistrate, commits or threatens to commit an offense against the person or property of another, may be ordered, without process, to enter into a recognizance to keep the peace for a term not exceeding twelve months, and in case of refusal be committed as in other cases. 335. COURT MAY REMIT PART OF PENALTY.] § 17. When, upon a suit brought upon a recognizance, the penalty thereof is adjudged forfeited, the court may, on the petition of any defendant, remit such portion of it as the circumstances of the case render just and reasonable.

336. SURETIES MAY SURRENDER PRINCIPAL.] § 18. The sureties of any person bound to keep the peace may, at any time, surrender their principal to the sheriff of the county in which the principal was bound, under the same rules and regulations governing the surrender of the principal in other criminal cases. 337. PRINCIPAL MAY AGAIN RECOGNIZE.] § 19. The person so surrendered may recognize anew, with sufficient sureties, before any judge or justice of the peace of the county, for the residue of the time, and shall thereupon be dis charged.

338. AMENDMENTS.] § 20. No proceeding to prevent a breach of the peace shall be dismissed on account of any informality or insufficiency in the complaint, or any writ or proceeding, but the same may be amended, by order of the court or magistrate, to conform to the truth in the case.

DIVISION VI.

PURSUIT OF FELON-ARREST OF OFFENDERS-BY WHOM AND HOW MADE.

339. PURSUIT OF FELON.] § 1. When the fact that a felony has been committed shall come to the knowledge of any sheriff, coroner or constable, fresh pursuit shall be forthwith made after every person guilty thereof, by such sheriff, coroner, constable and all other persons who shall be by any of thein commanded or summoned for that purpose; every such officer who shall not do his duty in the premises shall be punished by fine in a sum not exceeding $100, or imprisoned not exceeding three months. [R. S. 1845, p. 190, § 202.

340. DUTY OF OFFICERS.] § 2. It shall be the duty of every sheriff, coroner, constable, and every marshal, policeman, or other officer of any incorporated city, town or village, having the power of a sheriff or constable, when any criminal offense or breach of the peace is committed or attempted in his presence, forthwith to apprehend the offender 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 without delay to serve and execute all warrants, writs, precepts and other process to him lawfully directed. [R. S. 1845, p. 328, § 88.

341. POSSE COMITATUS] §3. Every male person above the age of eighteen, when commanded by an officer to assist in arresting or securing an offender, shall obey such command. [R. S. 1845, p. 176, § 140.

342. ARRESTS WITHOUT WARRANT.] § 4. An arrest may be made by an officer or by a private person without warrant, for a criminal offense committed or attempted in his presence, and by an officer, when a criminal offense has in fact been committed, and he has reasonable ground for believing that the person to be arrested has committed it.

343. MAGISTRATE MAY MAKE ARREST.] § 5. A magistrate may orally order an officer or a private person to arrest any one committing or attempting to

commit a criminal offense in the presence of such magistrate, which order shall authorize the arrest.

344. WHEN MADE.] § 6. An arrest may be made on any day or at any time of the day or night.

345. PERSON ARRESTED TO BE TAKEN BEFORE A MAGISTRATE.] § 7. When an arrest is made without a warrant, either by an officer or a private person, the person arrested shall, without unnecessary delay, be taken before the nearest magistrate in the county, who will hear the case, for examination, and the prisoner shall be examined and dealt with as in cases of arrests upon warrant.

346. RECAPTURE.] § 8. If any prisoner shall escape or be rescued, the officer or person from whose possession or custody he escapes or was rescued may immediately pursue and retake him in any county of this state without a warrant.

DIVISION VII.

ARREST, EXAMINATION, COMMITMENT AND BAIL.

347. WHAT MAGISTRATES MAY EXAMINE OFFENDERS.] § 1. For the apprehension of persons charged with offenses, except such as are cognizable exclu sively by justices of the peace, any judge of a court of record, in vacation as well as in term time, or any justice of the peace, is authorized to issue process to carry into effect the following provisions of this act.

348. COMPLAINT.] § 2. Upon complaint made to any such judge or justice of the peace that any such criminal offense has been committed, he shall examine on oath the complainant and any witness produced by him, shall reduce the complaint to writing and cause it to be subscribed and sworn to by the complainant ; which complaint shall contain a concise statement of the offense charged to have been committed, and the name of the person accused, and that the complainant has just and reasonable grounds to believe that such person committed the of fense.

349. WARRANT.] § 3. If it appears that such offense has been committed, the judge or justice of the peace shall issue a warrant, directed to all sheriffs, coroners and constables within this state, stating the offense by name or so that it can be clearly inferred, the name of the person accused, and requiring the offi cer to whom it is directed forthwith to take the person of the accused and bring him before such judge or justice, or in case of his absence, or inability to act, before any other judge or justice of the county, and in the same warrant may require the officer to summon such witnesses as shall be therein named, to appear and give evidence on the examination. [R. S. 1845, p. 190, § 203; p. 192, § 207. 350. NAME.] § 4. If the name of the defendant is unknown to the complainant or judge or justice of the peace, he may be designated by any name, description or circumstances by which he can be identified with reasonable certainty, and if, upon arrest, he refuses to disclose his true name, he may be tried and convicted by the name used in the warrant.

351. SPECIAL OFFICER.] § 5. The judge or justice of the peace issuing the warrant may make an order thereon, authorizing a person, to be named in the order, to execute the same, and the person so named may execute such warrant in the same manner and shall have like powers as if he were the officer named in the warrant, and all sheriffs, coroners, constables and others, when required in their respective counties, shall aid in the execution of such warrant. [R. S. 1845, p. 192, § 208.

352. PURSUIT AND ARREST.] § 6. If a person against whom a warrant is issued for any alleged offense, before or after the issuing of such warrant, escapes from or is out of the county, the officer to whom such warrant is directed may pursue and apprehend the party charged, in any county of this state, and for that purpose may command aid and exercise the same authority as in his own county. [R. S. 1845, p. 192, § 207.

353. WHEN NOT BAILED.] § 7. When a person is arrested in a county other than that in which the offense was committed, the officer shall take him before the judge or justice who issued the warrant, or in his absence, before some other judge or justice of the peace of the county in which the warrant was issued. [R. S. 1845, p. 192, § 209.

354. PASSING THROUGH OTHER COUNTIES.] § 8. The officer, or any person so authorized, having the custody of a prisoner, may pass through any counties which may be in his route, between the place of arrest and the place to which he is taking the prisoner, and may lodge the prisoner in any jail on the route for safe custody for one night or more, as circumstances may require. [R. S. 1845, p. 192, § 209.

355. BEFORE WHAT MAGISTRATE PRISONER BROUGHT.] § 9.

Every per

son arrested by warrant, for any offense, where no other provision is made for his examination thereon, shall be brought before the judge or justice of the peace who issued the warrant, or if he is absent or unable to attend, before some other judge or justice of the same county; and the warrant with a proper return thereon, signed by the person who made the arrest, shall be delivered to such judge or justice. [R. S. 1845, p. 192, § 207.

356. ADJOURNMENT.] § 10. A judge or justice of the peace may, for good cause appearing, adjourn an examination or trial pending before himself, from time to time as occasion requires, not exceeding ten days at one time without the consent of the defendant or person charged. In the meantime, if the party is charged with an offense not bailable, he shall be committed; otherwise he may be recognized in a sum and with sureties to the satisfaction of such judge or justice of the peace, for his appearance for such further examination, and for want of such recognizance he shall be committed to jail. [L. 1845, p. 581, § 1.

357. DEFAULT.] § 11. If the person so recognized does not appear before the judge or justice of the peace according to the condition of such recognizance, the judge or justice of the peace shall record the default, but such default may be set aside by the judge or justice, for good cause shown, on the appearance of the accused at any time to which the matter may be continued by such judge or justice of the peace. And in case such default is not set aside as aforesaid, the judge or justice shall certify the recognizance with a record of the default to the court having cognizance of the offense, and like proceedings may be had thereupon as upon the breach of the condition of a recognizance for appearance before such court, or an action of debt may be maintained thereon. [L. 1845, p. 581, § 2. 358. FAILING TO RECOGNIZE ON ADJOURNMENT.] § 12. When a person fails to recognize, he may be committed to jail by an order of the judge or justice of the peace, which order shall be in writing, and contain a concise statement of the reason of such commitment, and the day and place appointed for his examination, and on the day appointed he may be brought before the judge or justice, by his verbal order to the officer who made the commitment, or by an order in writing to a different person.

359. AMENDMENTS.] § 13. The prisoner shall not in any case be discharged on account of any insufficiency or informality in the complaint, or on account of any informality in the warrant, or because it is not under the seal of the judge or justice, but the warrant may be amended by the judge or justice of the peace at any time pending the proceedings. [R. S. 1845, p. 192, § 210.

360. EXAMINATION.] § 14. The judge or justice before whom any person charged with a criminal offense is brought, with or without a warrant, shall, as soon as may be, examine the witnesses in support of the prosecution, as well as those who may be produced on behalf of the accused, on oath, in the presence of the party charged, in relation to any matter connected with such charge which he may deem pertinent. [R. S. 1845, p. 190, § 203.

361. SEPARATING OF WITNESSES.] § 15. While a witness is being examined, the judge or justice of the peace may, if he sees cause, exclude from the place of examination all the other witnesses, or direct the witnesses to be kept separate, so that they cannot converse with each other, until they have been examined.