held and construed to mean in the county wherein the lands to be affected or upon which the taxes are assessed or to be assessed and collected are situate. Police Pension Fund. -Act held valid, 255-139, Police Power. (Hurd Ch. 24 § 83.) 12. The trustees in villages, the mayor, aldermen, and the marshal and his deputies, policemen and watchmen in cities, if any such be appointed, shall be conservators of the peace, and all officers created conservators of the peace by this act, or authorized by any ordinance, shall have power to arrest or cause to be arrested, with or without process, all persons who shall break the peace, or be found violating any ordinance of the city or village, or any criminal law of the State, commit for examination and, if necessary, detain such persons in custody over night or Sunday in the watch house or any other safe place, or until they can be brought before the proper magistrate, and shall have and exercise such other powers as conservators of the peace as the city council or board of trustees may prescribe. All warrants for the violation of ordinances, and all criminal warrants to whomsoever directed, may be served and executed within the corporate limits of any such city or village by any policeman of such city or village; such policeman being hereby clothed with all the common law and statutory power of constables for such purposes. [As amended, 1883.] Violations of Ordinances. (Hurd Ch. 24 § 66.) 66. Suits for Violating Ordinar ces. 5. All actions brought to recover any fine, or to enforce any penalty, under any ordinance of any city or village, shall be brought in the corporate name of the city or village as plaintiff; and no prosecution, recovery or acquittal, for the violation of any such ordinance, shall constitute a defense to any other prosecution of the same party for any other violation of any such ordinance, although the different causes of action existed at the same time, and, if united, would not have exceeded the jurisdiction of the court or magistrate. 67. Fines and Licenses-Paid to Treasurer. 6. All fines and forfeitures for the violation of ordinances, when collected, and all moneys collected for licenses or otherwise, shall be paid into the treasury of the corporation, at such times and in such manner as may be prescribed by ordinance. 68. Summons-Affidavit-Punishment. 7. In all actions for the violation of any ordinance, the first process shall be a summons: Provided, however, that a warrant for the arrest of the offender may issue in the first instance upon the affidavit of any person that any such ordinance has been violated, and that the person making the complaint has reasonable grounds to believe the party charged is guilty thereof; and any person arrested upon such warrant shall, without unnecessary delay, be taken before the proper officer to be tried for the alleged offense. Any person upon whom any fine or penalty shall be imposed, may, upon the order of the court or magistrate before whom the conviction is had, be committed to the county jail or the calaboose, city prison, workhouse, house of correction, or other place provided by the city or village for the incarceration of offenders, until such fine, penalty and cost shall be fully paid; Provided, that no such imprisonment shall exceed six months for any one offense. The city council or board of trustees shall have power to provide, by ordinance, that every person so committed shall be required to work for the corporation, at such labor as his or her strength will permit, within and without such prison, work-house, house of correction, or other place provided for the incarceration of such offenders, not exceeding ten hours each working day; and for such work the person so employed to be allowed, exclusive of his or her board, $2 for each day's work on account of such fine and cost. 69. Jurisdiction of Justices, etc. 8. Any and all justices of the peace and police magistrates shall have jurisdiction in all cases arising under the provisions of this act, or any or dinance passed in pursuance thereof. 70. Constable or Sheriff May Serve Process, etc. 9. Any constable or sheriff of the county may serve any process, or make any arrests authorized to be made by any city officer. POLICE POWER. -Scope of, 280-18; 278-218; 275-256 (258); 271-74 (78); 284-83; 288-442. -Not to stop dancing in restaurant, 274-408 (413). -Is inherent in the States, 272-127. -As affecting property rights, 272-148 (153). -Regulating barber shops, 284-83. -Sec. 156, Motor vehicle act proper-exercise of, 286-627. -To protect health, 288-235. POSSESSION. -Of stolen goods-effect, 229-376; 242-628; 107-162; 102241; 103-82; 263-44. -Voluntary, does not negative larceny, 224-622. -Force as evidence, 139-138; 135-243; 134-444. (See Receiving Stolen Property.) POULTRY ASSOCIATIONS. Offenses as to. (Hurd Ch. 32 § 168.) 12. Any company violating either of the provisions of the preceding section shall be liable in damages therefor to the person aggrieved, and shall, for each offense, forfeit two hundred dollars, to be recovered in an action of debt, in the name of the People of the State of Illinois, or by any person who may sue for the same. Such company shall also be liable to proceedings in quo warranto, for violation of either of said provisions, and if adjudged guilty, the court may give judgment of ouster from its franchises, unless the company shall cease and discontinue such violation, as and when determined by the court. And any director or directors, officer or officers, or agent or agents, of such company who shall willfully and knowingly violate, or be concerned in the willful violation of either of the provisions of the preceding section, shall for each offense, forfeit one thousand dollars, to be recovered in an action of debt, in the name of the People of the State of Illinois. Merger. Of misdemeanor and felony-rule as to, 208-312. Challenge. -Of juror-time for, 251-431; 121-442; 286-302. -To array-overruling not error if harmless, 216-392; 21372. -Practice when challenge to array is sustained, 216-392. -Challenge to array too late after jury sworn, 209-457. -Challenge for cause-when not saved, 247-220; 103-21. -Challenge to array, 40-268; 2 Scam. 232, 326. Plea of guilty. -Does not waive question of jurisdiction, 261-140. -Power of Court on, 72-203; 71-498; 275-457. -Must be explained to prisoner, 224-456; 276-236; 275-457 (461). -Drawing plea of guilty, 224-456. -What admitted by, 204-248. -What raised by, 161-409. -What sufficient as, 249-348; 255-203; 104-565. Plea of not guilty. -Effect of, 247-220. -Withdrawing, 55-429; 47-468; 258-292; 263-564. Continuance. -Affidavit must show diligence, 192-176. -When affidavit is insufficient, 192-176; 151-523; 120-317; 261-339. -Affidavit as evidence on trial, 103-17. -Affidavit for-what to contain, 135-435; 255-19. -Rule as to, 160-480; 151-523; 34-448. -Properly denied-no diligence shown, 151-523. -Sufficiency of showing for, 145-279; 41-486; 20-315. -In murder case-when properly refused, 145-357. -Admitting witness would testify-effect, 140-588; 270-540. -Sufficiency of affidavit, 140-588; 110-248; 70-171; 255-19. -In murder when affidavit sufficient, 139-81. -Diligence in overcoming reason for, 139-81. -What is ground for, 139-81; 120-317. -Preventing by admitting facts-rule, 137-75. -For absence of witness, 270-540 (546). -When refusal not reversible, 286-142. -Attorney engaged in another court, 288-113 (119). -When Court should allow showing for, 131-223. -When not allowed, 131-223. -Act as to-good, 140-588. -What an insufficient showing, 135-435. Appeal. -Record need not show court organized, 219-399. -Appeal joined in will have force of writ of error, 208-312: ‹ -No appeal in criminal case-writ of error only, 207-247. -What open to review, 94-299. -When to Appellate Court, 98-407. -Appeal-when and where, 94-428. -Appeal is to Supreme Court where validity of statute involved, 144-308. -Not by the people, 144-308. -Supreme Court will review action of trial court in overruling challenge of juror, 144-140. -Escape of accused pending appeal, 104-100. Separate trial. -Where counts consolidated, 281-52. -When motion comes too late, 239-168. -Subject to discretion of Court, 198-162; 147-394; 81-333; 22-314; 15-537; 262-514; 283-414; 286-157. -Discharge for want of-when not, 220-86. Nolle prosequi. -One count has no effect on other counts, 234-68; 273-169 (176). -Is not an acquittal, 234-68. -Should not be granted at trial, 195-550. Motion in arrest. -For faulty indictment, 284-589. -Cannot raise former jeopardy by, 224-333. -Is based on record-evidence not considered on, 222-88. Trial by Jury. -Scope of right-does not include right to have term of imprisonment fixed by jury, 148-296; 110-29. -Trial by jury not waived by voluntarily going to trial before judge, 136-161. Conduct of Judge. -What bad, 277-238 (243): 276-138; 275-528; 282-377. |