scribing the place to be searched, and the persons or things to be seized. -249-311; 155-245; 150-421; 139-105; 138-110; 133-399; 122233; 75-490; 280-160; 287-606. 7. All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident or the presumption great; and the privilege or writ of habeas corpus shall not be suspended, unless when in cases of rebellion or invasion the public safety may require it. (See Bail, Habeas Corpus.) 8. No person shall be held to answer for a criminal offense unless on indictment of a grand jury, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army and navy, or in the militia, when in actual service in time of war or public danger; provided, that the grand jury may be abolished by law in all cases. -When indictment unnecessary, 236-612. 9. In all criminal prosecutions the accused shall have the right to appear and defend in person and by counsel, to demand the nature and cause of the accusation and to have a copy thereof, to meet the witnesses face to face, and to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. -Speedy trial, 229-598; 234-56; 236-56; 243-101; 221-166; 220-28; 261-239; 269-300. -Witnesses, 243-208; 240-612; 240-633. (See Witnesses.) -Confronting witnesses, 229-598; 210-253; 182-411. 10. No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense. (See Evidence, Jeopardy.) -Incriminating self, 201-236. -Jeopardy, 224-333; 195-507; 225-347; 269-300. 11. All penalties shall be proportioned to the nature of the offense, and no conviction shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the state for any offense committed within the same. -148-420; 115-587; 268-635. 12. No person shall be imprisoned for debt, unless upon refusal to deliver up his estate for the benefit of his creditors, in such manner as shall be prescribed by law, or in cases where there is strong presumption of fraud. -132-327; 122-652; 28-337; 14-414; 257-443. 13. Private property shall not be taken or damaged for Such compensation, public use without just compensation. when not made by the state, shall be ascertained by a jury, as shall be prescribed by law. The fee of land taken for railroad tracks, without consent of the owners thereof, shall remain in such owners, subject to the use for which it is taken. 14. No ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed. 15. The military shall be in strict subordination to the civil power. 16. No soldier shall, in time of peace, be quartered in any house without the consent of the owner, nor in time of war, except in the manner prescribed by law. 17. The people have the right to assemble in a peaceable manner to consult for the common good, to make known their opinions to their representatives, and to apply for redress of grievances. 18. All elections shall be free and equal. 19. Every person ought to find a certain remedy in the laws for all injuries and wrongs which he may receive in his person, property or reputation; he ought to obtain, by law, right and justice freely, and without being obliged to purchase it, completely and without denial, promptly, and without delay. 20. A frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty. Governor. 12. The governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or malfeasance in office; and he may declare his office vacant, and fill the same as is herein provided in other cases of vacancy. 13. The governor shall have power to grant reprieves, commutations and pardons, after conviction, for all offenses, subject to such regulations as may be provided by law relative to the manner of applying therefor. 14. The goveror shall be commander-in-chief of the military and naval forces of the state (except when they shall be called into the service of the United States) and may call out the same to execute the laws, suppress insurrection, and repel invasion. 15. The governor, and all civil officers of this state, shall be liable to impeachment for any misdemeanor in office. Railroad Rates. 15. The general assembly shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the differ ent railroads in this state, and enforce such laws by adequate penalties, to the extent, if necessary for that purpose, of forfeiture of their property and franchises. ACCESSORY. (See Part I, Sec. 274). -Indictment of--form, 279-435 (439). 3 Gil. 368; 72-303; 83-479; 244-386. -Distinguished from accomplice, 282-51 (65); 140-588. -Who is an, 242-628; 81-333. -Liable as principal, 3 Gil. 368; 41-315; 47-323; 60-168; 204-208. -Before the fact, 15-511; 47-323; 49-410; 204-233. -After the fact, 139-159; 204-240; 244-386; 81-333; 83-479. ACQUITTAL. -Guilty on one count acquits as to others, 243-208; 84-569; 74-20. -When verdict is not, 242-138. -Where required, 243-200. -When for reasonable doubt, 237-390; 73-20. -Former acquittal-not by motion in arrest, 234-68. --Former acquittal-when not a bar, 229-598; 264-453. -On one charge no defense to prosecution for different crime, 220-72. -Verdict of guilty in part, acquits as to balance of offense, 208-460. -By court without jurisdiction is not final, 195-507. -Acquittal on misdemeanor because felony proven, 208-312. -By fraud with sheriff, 50-195. -When guilt cannot be placed, 16-17. -Former acquittal-how shown, 272-401 (409). -Verdict for lesser, acquits of greater offense, 279-206 (208). ADMINISTRATION OF ESTATES. 113. Settlements enforced-Contempts-Interest on Assets. (Hurd Ch. 3.) The county courts of this state shall en force the settlements of estates within the time prescribed by law, and upon the failure of an executor or administrator to make settlement at the next term of the court after the expiration of said time, the court shall order a citation to issue to the sheriff of the county where the executor or administrator resides, or may be found, requiring said executor or administrator to appear at the next term of the court and make settlement of the estate, or show cause why the same is not done; and if an executor or administrator fails to appear at the time required by such citation, the court shall order an attachment requiring the sheriff of the county where the executor or administrator resides, or may be found, to bring the body of said executor or administrator before the court; and upon a failure of an administrator or executor to make settlement under the order of the court after having been so attached, he may be dealt with as for contempt, and shall be forthwith removed by the court, and some discreet person appointed in his stead; the costs of such citation or attachment to be paid by the delinquent executor or administrator, and the court shall enter a judgment therefor, and a fee bill may issue thereon. All moneys, bonds, notes and credits which any administrator or executor may have in his possession or control as property or assets of the estate, at a period of two years and six months from the date of his letters testamentary or of administration, shall bear interest, and the executor or administrator shall be charged interest thereon from said period at the rate of ten per cent., or after two years and six months from any subsequent time that he may have discovered and received the same, unless good cause is shown to the court why such should not be taxed. 114. Failure to Fay Over. If any executor or administrator shall fail or refuse to pay over any moneys or dividend to any person entitled thereto, in pursuance of the order of the county court, lawfully made, within thirty days after demand made for such moneys or dividend, the court, upon application, may attach such delinquent executor or administrator, and may cause him to be imprisoned until he shall comply with the order aforesaid, or until such delinquent is discharged by due course of law; and moreover, such failure or refusal on the part of such executor or administrator shall be deemed and taken in law to amount to a devastavit, and an action upon such executor's or administrator's bond, and against his securities, may be forthwith instituted and maintained; and the failure aforesaid to pay such moneys or dividend, shall be a sufficient breach to authorize a recovery thereon. 108. Sale-Time of-Notice-Penalty-Terms-Return. No lands or tenements shall be sold by virtue of any such order of the county court, unless such sale is at public vendue, and between the hours of ten o'clock in the forenoon and five o'clock of the afternoon of the same day, nor unless the time, place and terms of holding such sale were previously published for the space of four weeks, by putting up notices thereof in at least four of the most public places in the county where such real estate shall be sold, and also by causing a similar notice thereof to be published four successive weeks prior to the sale, in some newspaper published in such county, or if there be no such newspaper then in such other newspaper in this state as the court shall direct, nor unless such real estate shall be described with common certainty in such notices. And if any executor or administrator, so ordered to make sale of any real estate, shall sell the same contrary to the provisions of this act, he shall forfeit and pay the sum of five hundred dollars, to be recovered by an action of debt, in the name of the People of the State of Illinois, for the use of any person interested, who may prosecute for the same: Provided, that no such offense shall affect the validity of such sale: And provided further, that such executor or administrator may sell the same on a credit of not less than six, nor more than twelve months, by taking notes, with good personal security and a mortgage, or sale mortgage, on the premises sold, to secure the payment of the purchase money. It shall be the duty of the executor or administrator making such a sale, on or before the first day of the next term of the court thereafter, to file in the office of the clerk of said court a complete report of said sale, giving description of the premises sold, to whom, where, and upon what terms sold, and a general statement of the manner in which the terms of the decree were executed. Any person interested in the premises sold, and any creditor of the estate, may file exceptions to such report, and upon the hearing thereof the court may approve such report and confirm the sale, or disapprove the same and order the premises to be re-sold. 85. Removal of Property by Executor, etc.-Penalty. No executor or administrator shall, without the order of the court, remove any property wherewith he is charged, by virtue of his letters, beyond the limits of this state. And in case any such executor or administrator shall remove such property without such order, the court shall, on notice, forthwith revoke his letters and appoint a successor, and cause a suit to be instituted on his bond against him and his security, for the use of the person interested in the estate; and if it shall appear, |