CHAPTER X. OF DOCKET ENTRIES IN CRIMINAL AND SUMMARY PROCEEDINGS, AND FORMS THEREOF. In cases of assault, assault and battery, and affrays, the justice is required to enter the proceedings upon his docket, and to render judgment according to the finding of the jury. And in cases of offenses specified in sections one hundred and forty-three, one hundred and forty-four, one hundred and forty-five, one hundred and forty-six, and one hundred and forty-seven of the Criminal Code, he will in like manner enter the proceedings upon his docket. He should also, when any person is examined before him on any criminal charge, enter so much of the proceedings as may be material, upon his docket. In short, all proceedings had before him, or acts done of a judicial nature, ought properly to appear upon his docket. This should not only be done for the benefit of the parties, but may operate in many instances as a further protection to the justice. Form of Docket Entry on the examination of a person charged with any criminal offense. 1855-September 10th.-This day personally. appeared A. B., who being duly sworn, says, that on the 9th day of September, instant, at (1) Rev. Stat. 329, Sec. 96. (2) Rev. Stat. 177, Secs. 149, 150. the county aforesaid, C. D. did feloniously steal, take, and carry away, one gold watch, of the value of one hundred dollars, the property of the said A. B. Whereupon a warrant is issued for the arrest of the said C. D., and delivered to constable E. F., to serve. September 11th. Warrant returned by constable E. F., with the said C. D. in custody, before me. G. H. and I. K., sworn as witnesses and testified on the part of the people. O. P. sworn and testified on the part of the prisoner; being all the witnesses attending. Upon consideration of the facts and cir cumstances proved by said witnesses, it appears to me, that the said charge against the said C. D. is true, and he is admitted to bail in good and sufficient security in the sum of five hundred dollars, which the said C. D. fails to give, whereupon he is committed to the common jail of the county of L. M. The foregoing form will probably suffice for the various occasions of examinations, by being varied to conform to the facts. Form of Docket Entry in case of assault and battery. 1855-September 6th.-Information and complaint of A. B., a competent person, upon oath, against C. D., for an assault and battery committed upon him, the said A. B. Warrant issued for the arrest of the said C. D., and delivered to constable E. F. to serve. Warrant returned at this date by constable E. F., executed by arresting the said C. D., who is now in custody. Constable's fees, 50 cents. The accused pleads not guilty, and dispenses with a jury. A. B. and J. K. sworn as witnesses on the part of the people. Upon hearing the evidence adduced, it is adjudged by the court, that the accused is guilty of the charge alleged against him, and that he should pay a fine of ten dollars; judgment is therefore rendered against the said C. D. for ten dollars, with the costs of this proceeding herein taxed at L. M. When the cause is tried by jury, the form of docket entry in civil proceedings may be observed, with alterations to conform to the facts. The two preceding forms, together with such examples as have been already given, will no doubt suffice in affording a sufficient illustration in regard to docket entries, for every occasion which may arise. CHAPTER XI. OF JUSTICES' FEES IN CRIMINAL CASES. Rev. Stat. 246, Sec. 16. For taking each complaint in writing, under oath, twenty-five cents. 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, twelve and a half cents. For each warrant, twenty-five cents. Taking recognizance, and returning the same, fifty cents. For each subpoena, twenty-five cents. Administering each oath, six and a fourth cents. For each jury warrant in a trial of assault and battery, twenty-five cents. For entering the verdict of the jury, twelve and a half cents. For each mittimus, twenty-five cents. For each execution, twenty-five cents. For entering each appeal, twenty-five cents. For transcript of judgment and proceedings in cases of appeal, fifty cents. 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." In prosecutions in behalf of the people, where no conviction is had, neither the State nor county is bound to pay the fees of officers; and where the defendant is convicted, it is held that the officers must look to the defendant's estate for their costs, and run the risk of losing them, if he be insolvent.1 (1) 4 Scam. 163. PART THIRD. OF THE POWERS AND DUTIES OF JUSTICES OF THE PEACE UNDER PARTICULAR STATUTES. CHAPTER I. OF ATTACHMENTS BEFORE JUSTICES OF THE PEACE. I. OF THE ORDINARY PROCEEDING BY ATTACHMENT AGAINST THE GOODS AND CHATTELS OF THE DEFENDANT. II. OF ATTACHMENTS OF BOATS AND VESSELS. I. OF THE ORDINARY PROCEEDING BY ATTACHMENT AGAINST THE GOODS AND CHATTELS OF THE DEFENDANT. Rev. Stat. 58, Sec. 1. "If any creditor, his agent or attorney, shall file an affidavit with any justice of the peace in this State, setting forth that any person is indebted to such creditor, in a sum not exceeding one hundred dollars, and that such debtor has departed, or is about to depart from this State, with the intention of having his effects removed from this State; or is about removing his property from this State, to the injury of such creditor; or that such debtor conceals himself, or stands in defiance of an officer, so that process can not be served upon him; or that such debtor is not a resident of this State, it shall be lawful for the justice to grant a writ of attachment against the personal estate, goods, chattels, rights, moneys and effects of the debtor, directed to any constable of his county, and returnable within thirty days from the date thereof. |