WM. T. HAMILTON, ESQUIRE, GOVERNOR.

459

found by the grand jury, or before any justice of

Offences —

the peace of said county upon an ordinary inform-

how tried.

ation, on oath, by any credible witness. When a

case is to be tried before a justice, he shall docket

the same in the name of the State against the party

or parties charged, and if the offence has not been

Docket case.

sufficiently set forth in the docket entries or in the

writ, such defect may be corrected, at any time be-

fore the trial begins, by a statement endorsed on or

appended to the writ. The State's Attorney may

attend all such trials, and an appeal to the Circuit

Court from the decision of the justice may be taken

by either party, the State's Attorney to pray the

appeal on behalf of the State; and upon appeal

every such case shall be tried do novo. In all such

cases the justice may require and take a bond to the

State, conditioned for the appearance of the defen-

Bond for ap-

dant before him at the times and places appointed

pearance.

for the trial, and until discharged in due course of

law; and upon appeal he may require and take a

bond from the defendant, and an approved surety

or sureties, conditioned for personal appearance of

the defendant in the Circuit Court, from time to

time, until the appeal is decided and he is discharged

in due course of law; and if he fails to attend be-

fore the justice, the latter may forfeit the bond and

Forfeit bond.

immediately enter a judgment for the penalty there-

of; and if he fails to appear in the Circuit Court,

said court may forfeit the appeal bond, and at once

enter judgment for its penalty. If the justice issuing

the writ shall die, resign or otherwise be unable to

try any such cause pending before him, the papers

shall be taken to another justice to be designated

by the State's Attorney, and he shall hear and de-

termine the same, and the order of the State's

Attorney made in writing for the removal of the

papers shall suffice to give the new justice jurisdic-

tion to try the cause, and shall not be open to ques-

tion; the State's Attorney shall be entitled to an

appearance fee of five dollars for every case, when

he appears before a justice under this act, and, on

conviction of the defendant, such fee shall be taxed

How taxed.

by the justice as a part of the costs adjudged to be

paid by him under an appeal, the defendant shall

be entitled to a trial by jury.