following may be endorsed upon the bond or agreement of submission: It is hereby, on this day of 18 agreed by and between the within named A. B. and C. D., that the time to which the arbitrators named in the within bond (or agreement) of submission were limited, be extended until the day of and the said arbitrators are hereby empowered to make their award so that it be ready to be delivered to said parties, or such of them as require it, on said day of Witness, our hands and seals, this day of 18 18 A. B. [L. S.1 C. D. [L. S.] Notice of revocation. To G. H.: Take notice, that I have this day revoked the power and authority of A. B., C. D., and E. F., arbitrators, chosen to settle the matters in controversy between us, by an instrument of revocation, of which the following is a copy, viz.: Form of revocation. To A. B., C. D,, and E. F.: Yours, &c. I. J. Take notice, that I hereby revoke your power and authority as arbitrators, under the submission made to you by G. H. and myself, by our mutual bonds, (or "indenture,") dated, &c. day of In witness whereof, I have hereunto set my hand and seal, this in the year of our Lord one thouI. J. [L. S.] sand eight hundred and Form of arbitrators' appointment of meeting. We appoint Monday, the day of 18 at o'clock, in the noon, at the office of E. F., in Ottawa, as the time and place when and where we will proceed to the hearing of the matters submitted to us by A. B. and C. D. (Dated.) E. F. G. H. Arbitrators. Form of subpoena to appear before arbitrators. State of Illinois, La Salle county, ss. The people of the state of Illinois to H. I., J. K., L. M., and N. O.: We command and require you, and each of you, personally to be and appear before E. F., G. H., and I. J., arbitrators, 18 chosen to determine a controversy between A. B. and C. D., at the office of the said E. F., in Ottawa, in said county, on the day of at o'clock in the noon, to testify the truth, according to your knowledge, touching the matters depending before the said arbitrators, on the part of the said A. B., (or " C. D.") Hereof fail not at your peril. Given under the hand and seal of Jabez Fitch, Esquire, one of the justices of the peace of said county, the 18 Jabez Fitch. Form of attachment against a witness. State of Illinois, } day of [L. S.] La Salle county, ss. The people of the state of Illinois to any constable of said county: We command you to attach H. I., if he may be found in your county, and bring him before E. F., G. H., and I. J., arbitrators chosen to determine a controversy between A. B. and C. D., at the office of the said E. F., in Ottawa, in said. county, forthwith, (or "on the day of 18 at o'clock in the noon,") to testify the truth, according to his knowledge, touching the matters depending before the said arbitrators, between the said parties, on the part of the said A. B., (or "C. D.,") and, also, to answer all such matters as shall be objected against him, for that the said H. I., having been duly subpoenaed to attend at the hearing before the said arbitrators, has failed to attend pursuant to the requirement of such subpoena, and have you then and there this precept. Given under the hands and seals of the said arbitrators, the E. F. [L. S.] G. H. [L. S.] [L. S.] day of 18 I. J. Form of oath or affirmation to be administered to the arbi trators. You, and each of you, do swear in the presence of the ever living God, (or " do solemnly, sincerely, and truly declare and affirm,") that you will faithfully and fairly hear and examine the matters in controversy submitted to you as arbitrators, by and between A. B. of the one part, and C. D. of the other part, and make a true and just award thereof, according to the best of your skill and understanding. Form of oath or affirmation to be administered to witnesses before arbitrators. You do swear in the presence of the ever living God, (or "do solemnly, sincerely, and truly declare and affirm,") that the evidence you shall give to the arbitrators, touching or concerning the matters in difference, submitted for their determination and award, by and between A. B., of the one part, and C. D., of the other part, shall be the truth, the whole truth, and nothing but the truth. Form of an award. To all to whom these presents shall come, we, E. F., G. H., and I. J., send Greeting: Whereas, divers suits, disputes, differences, and controversies have arisen and are depending between A. B. of the one part, and C. D. of the other part, for the ending and determining whereof, the said parties, by their agreement (or "bonds") of submission, bearing date, the day of 18 have reciprocally bound themselves each to the other, to stand to, abide by, perform, and keep the award, order, arbitrament, and final determination of us, the said E. F., G. H., and I. J., so as the said award be made under our hands, and ready to be delivered to the parties in difference, on or before the day of 18 as by the said agreement (or "bonds") and the conditions thereof, reference being had thereto, will appear: Now, therefore, know ye, that we, the said arbitrators, whose names are hereunto subscribed, taking upon ourselves the burthen of the said award, and having been first duly sworn according to law, faithfully and fairly to hear and examine the matters of difference between the said parties in question, and to make a true and just award thereon, according to the best of our skill and understanding; and having fully examined and duly considered the proofs and allegations of both the said parties, who were duly notified of the time and place at which the said award would be made; do make and publish this our award between the said parties: First, we do award and order, that all actions, suits, quarrels, and controversies whatsoever, had, moved, arisen, and depending between the said parties in law or equity, for any manner of cause whatever, touching the said premises, to the day of the date hereof, shall cease, and be no further prosecuted; and that each of the said parties shall pay, and bear his costs and charges, in anywise relating to or concerning the pre Inises. Secondly, we do also award and order, that the said A. B. shall, on or before the 18 pay to the said C. D. the sum of day of dollars. And, lastly, we do award and order, that the said A. B. and the said C. D. shall, on the payment of the said sum of dollars, execute general releases to each other in due form of law, and sufficient for the releasing of all actions, suits, quarrels, controversies, and demands whatsoever, touch ing or concerning the premises aforesaid, or in any manner relating thereto, from their transactions with each other, up to the day of last past. (The day of the date of the arbitra tion bonds.) In testimony whereof, we have hereunto set our hands, this day of Judgment can only be rendered upon an award made for the payment of money and the costs of arbitration. Form of a release in pursuance of an award. Know all men by these presents, that I, A. B., of the county of and state of Illinois, have remised, released, and forever quitclaimed, and by these presents do remise, release, and forever quitclaim unto C. D. of the said county and state, his heirs, executors, and administrators, all action and actions, cause and causes of action, judgments, suits, controversies, trespasses, debts, duties, damages, accounts, and demands whatsoever, from the commencement of our transactions with each other, to the day of last past; save, and except (the things awarded) under the terms, and in the manner prescribed in and by a certain award, made the day of A. D. 18 by E. F., G. H., and I. J. of the said county and state, and on a reference to them of all disputes and controversies, between me and the said C. D. In witness whereof, I have here unto set my hand and seal, this day of 18 Executed and delivered in the A. B. [L. S.] presence of K. L. CHAPTER IV. ASSAULT, ASSAULT AND BATTERY, AND AFFRAYS. By section 12 of the act of January 23, 1829, it is enacted that "Justices of the peace shall have original exclusive jurisdiction in all cases of assault, and assaults and battery, and affrays, wherein the people are plaintiff, subject to an appeal to the circuit court, as provided by law. In all appeals to the circuit court, from the judgment of justices of the peace, in cases of assault, assault and battery, or affrays, the circuit court shall proceed to hear and determine the cause; and if the defendant pleads not guilty, the trial shall be by jury, and said court shall give such judgment and assess such fine as shall be deemed just." Gale's Stat., 421. 4 Scam. Rep., 197. 1. Of assault. Crim. Code, Sec. 51. An assault is an unlawful attempt, coupled with a present ability to commit a violent injury on the person of another. An assault is an attempt, or offer, with force and violence, to do a corporeal hurt to another, as by striking at him with or without a weapon and missing him, or presenting a gun at him at a distance to which the gun will carry, or pointing a pitch-fork at him standing within reach of it, or by holding up one's fist at him, or any other such like act done in an angry, or threatening manner, or by drawing a sword and waving it in a menacing manner. 1 Bac. Ab., 242. 3 Bl. Com., 120. 1 Burn's Justice, 112. Striking violently, with a club, horses before a carriage in which a person was riding, was held to be an assault upon the person. Penn. Rep., 229. It is an assault to attempt to run against the wagon of another person on the highway. The horse and cart of the defendant being merely a machine, could as well be directed against the prosecutor as an inanimate object. 1 Wheeler's Crim. Cas., 364. To pursue a man with a dangerous weapon, coming so near him that danger to his person may be reasonably apprehended, is an assault. 5 City Hall Rec., 95. So, riding after a person and obliging him to run away into a garden to avoid being beaten, is an assault. 3 Car. & P., 373. So, if one person advance in a threatening attitude towards another to strike him, and be stopped just before he is near enough for his blow to take effect, it is an assault. Arch. Crim. Pl., 346. It is an assault for a master to take indecent liberties with a female scholar, without her consent, though she does not resist; or for a medical man unnecessarily to strip a female patient naked, under pretence that he cannot otherwise judge. of her illness, if he himself takes off her clothes; or for parish officers to cut off the hair of a pauper, in the poor house, by force, and against her will. Arch. Crim. Pl., 345. Notwithstanding the many ancient opinions to the contrary, it seems to be agreed at this day that mere words cannot amount to an assault. 1 Hawk., 134. 1 Bac. Ab., 243. If very provoking language is given, without reasonable cause, and the party offended is tempted to strike the other, and an action brought, and the general issue pleaded, few juries would give damages to carry costs, (under the English statutes,) and few judges would certify. 1 Bac. Ab., 243. |