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CHAPTER IV.

OF CONTEMPT OF COURT.

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Rev. Stat. 322, Sec. 50. Every person who shall appear before a justice of the peace, when acting as such, or who shall be present at any legal proceeding before a justice, shall demean himself in a decent, orderly, and respectful manner; and for failure to do so, such person shall be fined by the said justice, for contempt, in any sum not more than five dollars."

The power to punish for contempt is incident to all courts of justice, independent of statutory provisions.1

When a contempt is committed, in violation of the foregoing section of the statute, the offender may be instantly apprehended and dealt with according to law, without any further proof or examination. The justice may at once draw up a conviction, according to the truth of the case.2

Form of Record of Conviction.

STATE OF ILLINOIS,
COUNTY,

SS.

Be it remembered that on this

at my office in

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ing the trial of a case between A. B., plaintiff, and C. D., defendant, before me, L. M., Esquire, one of the justices of the peace in and for the county of in said county, J. K. did willfully and contemptuously accuse me of gross partiality and abuse of power, in the office of justice of the peace, in the presence of a num

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(1) Breese, 266; 3 Scam. 403.

(2) 4 Bl. Com. 286.

ber of bystanders, (or "interrupted me while engaged in the trial of the said cause, by making a great noise and disturbance, and being ordered by me to cease, refused so to do, and said that he did not regard. me nor my authority," or if for any other cause, set it forth particularly); and, whereas the said J. K. was forthwith called upon by me, and required to answer for the said contempt, and show cause why he should not be convicted thereof, but did not make any defense, nor show any cause why he should not be convicted, nor make any apology for his said conduct:

Therefore I, the said justice, do hereby convict the said J. K. of the said contempt, and adjudge and determine that he pay a fine of five dollars, and that he be committed to the common jail of said county, until he pay the said fine, or until he shall be discharged by due course of law.

In witness whereof I have hereunto set my hand and seal, this day of

18-.

L. M., J. P. [SEAL.]

Form of Commitment for a fine.

STATE OF ILLINOIS, SS.
COUNTY,

The People of the State of Illinois to any Constable of the said County, and to the Keeper of the Common Jail of said County: Whereas, on this day of, 18, while L. M., Esquire, one of the justices of the peace of the said county, was engaged in the trial of a cause between A. B., plaintiff, and C. D., defendant, at his office in, in the said county, J. K. did willfully and contemptuously [interrupt the proceedings in said cause by making a great disturbance, and being ordered by said justice to cease, refused so to do, and said that he did not regard him nor his authority]; and, whereas, the said J. K. was forthwith called upon by the said justice, and required to answer for the said contempt, and show cause why he should not be convicted thereof, but did not make any defense nor show any cause why he should not be convicted, nor make any apology for his said conduct; and, whereas, the said justice did thereupon convict the said J. K. of the said contempt, and adjudge and determine that he pay a fine of five dollars, and that he be committed to the common jail of the said county until he pay the said fine, or until he be discharged by due course of law:

We, therefore, command you, the said constable, to take the said J. K. and deliver him to the keeper of the common jail of the said county, together with this warrant; and you, the said keeper, are hereby required to receive him into your custody, in the said jail, and him there safely keep, until he pay the said fine, or until he shall be discharged by due course of law. Hereof fail not at your peril. Given under the hand and seal of the said justice, this 18-.

day of

L. M., J. P. [SEAL.]

Form of Commitment of Witness on neglecting to pay a fine for nonattendance.1

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The people of the State of Illinois to any Constable of said County, GREETING:

day of

Whereas, John Doe has this day been convicted before me, L. M., Esquire, a justice of the peace in and for the said county, for a contempt, for that the said John Doe was duly subpoenaed to appear and testify in a suit depending before the said justice, between A. B., plaintiff, and C. D., defendant, on the 18-, and failing so to attend, and he not having purged himself when called upon by me to show cause why he should not be fined for such contempt, and, whereas, upon such conviction the said justice did adjudge and determine that the said John Doe should pay a fine of five dollars, and be imprisoned in the common jail of the said county, until he paid the said fine or was discharged by due course of law; and, whereas the said John Doe has neglected to pay the said fine:

We, therefore, command you, the said constable, to take the said John Doe and deliver him into the custody of the said keeper of the said jail. And you the said keeper are hereby required to receive the said John Doe into your custody in the said jail, and him there safely keep until he pay the said fine or be discharged by due course of law. Hereof fail not.

of

Given under the hand and seal of the said justice, this

18-.

day

L. M., J. P. [SEAL]

(1) This form should more properly have been embraced under the head of "attachment against defaulting witnesses," ante, page 83, but was inadvertently omitted, and is therefore

inserted here.

Form of Commitment of a Witness for refusing to be sworn, or for refusing to testify.1

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The people of the State of Illinois to any Constable of the said County, and to the Keeper of the Common Jail of said County, GREETING:

Whereas, on the trial of a cause before L. M., Esquire, a justice of the peace of the said county, between A. B., plaintiff, and C. D., defendant, John Doe being called as a witness on the part of the plaintiff, (or "defendant,") and being present and admitting that he had been duly subpoenaed to attend the said trial as a witness on the part of the said plaintiff, (or "defendant,") (or "it being proved to me by the oath of the said plaintiff," (or "defendant,") or "by the oath of J. K.," or "by the return of R. S., one of the constables of said county, that the said John Doe had been duly subpoenaed," &c.); refused to be sworn as such witness in any form prescribed by law, (or John Doe was called and sworn as a witness on the part of said plaintiff, and on his examination as such witness the said John Doe was asked by the said plaintiff the pertinent and proper question, "whether he was acquainted with the hand writing of C. D.?" to which question the said John Doe refused to make answer.")

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And the said A. B. having made oath before the said justice of the peace that the testimony of the said John Doe was so far material that without it he could not safely proceed to the trial of said cause :

We, therefore, command you, the said constable, to take and deliver the said John Doe into the custody of the said keeper of the said jail. And you the said keeper are hereby required to receive the said John Doe into your custody, in the said jail, and him there safely keep until he shall submit to be sworn as such witness as aforesaid, and shall be discharged by due course of law, (or “until he shall submit to answer the said question so put to him by the said A. B., and be discharged by due course of law.") Hereof fail not at your peril.

Given under the hand and seal of the said L. M., justice of the peace, this

day of

18-.

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L. M., J. P. [SEAL.]

(1) This form, like the preceding one, is not strictly in place under this chapter, but was inadvertently omitted in its proper order.

CHAPTER V.

OF DISTRESS FOR RENT.

A distress is defined to be the taking of a personal chattel, without legal process, from the possession of the wrong doer into the hands of the party grieved, as a pledge for the redress of an injury, the performance of a duty, or the satisfaction of a demand. It is a general rule, that a man who has an entire duty, shall not split the entire sum, and distrain for part of it at one time, and part of it at another time. But if a man seizes for the whole sum that is due him, but mistakes the value of the goods distrained, there is no reason why he should not afterwards complete his execution by making a further seizure. is to be observed also, that there is an essential difference between distress at common law, and distress prescribed by statute. The former are taken nomine penae, (by way of penalty,) as a means of compelling payment; the latter are similar to executions, and are taken as satisfaction for a duty; the former could not be sold; the latter might be. Their only similarity is that both are replevisable.

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Rev. Stat. 334, Sec. 6. In all cases of distress for rent, the person making the same, shall immediately file with some justice of peace, in case the amount claimed does not exceed one hundred dollars, or with the clerk of the circuit court, in case it exceeds that sum, a copy of the distress warrant, together with an inventory of the property levied upon; and thereupon the party against whom the distress warrant shall have been issued, shall be duly summoned, and the amount due from him assessed and entered upon the records of the court finding the same. The said court shall certify to the person or

(1) 3 Bl. Com. 6.

(2) 1 Burr. 589.

(3) See 1 Bouv. L. D., title "Distress."'

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