sum of twenty-five dollars, being one quarter's (or as the case is) rent, due to John Smith, your landlord, on the day of 18 for said premises. (If the beasts are impounded in a private pound, then say,)" And the beasts therein mentioned are impounded in the private pound, or enclosure, of R. S., near his house, in said county;" and that, unless you pay the said rent, with the costs of distraining for the same, within five days from the service hereof, after the landlord's demand shall be proved, pursuant to the statute, the said goods and chattels will be appraised and sold according to law. Given under my hand at in the county of La Salle, the day of 18 Thomas Clark, Constable. The statute requiring the landlord, after he has distrained, to have the defendant summoned before a justice of the peace, and then and there to prove his demand as in other cases, seems to contemplate that the same proceedings should substantially be had in these cases as in cases arising under the statute conferring civil jurisdiction upon justices of the peace. State of Illinois, Form of summons. La Salle county, ss. The people of the state of Illinois to any constable of said county, greeting: Whereas, A. B. has lately distrained the goods and chattels of C. D., for the sum of dollars, claimed to be due to him for the rent of certain premises leased to the said C. D.: day of 18 We, therefore, command you to summon the said C. D. to appear before William T. Bayley, Esquire, one of the justices of the peace of the said county, at his office in Ottawa, in the said county, on the at o'clock in the noon, to answer to the said A. B. in a plea of debt, (or "trespass on the case on promises,") to his damage one hundred dollars; and do you make return hereof as the law directs. Given under the hand and seal of the said justice, the day of 18 William T. Bayley. [L. S.] After the rent shall have been proved, and it shall remain unpaid, and the goods distrained shall not be replevied according to law, the landlord then applies to the sheriff or constable and procures the goods and chattels to be appraised by two sworn appraisers. Form of oath to be administered to the appraisers. You, and each of you, do swear in the presence of the ever living God, that you will well and truly appraise the goods and chattels mentioned in this inventory, (holding it in his hand,) according to your best judgment and understanding. Form of affirmation. You, and each of you, do solemnly, sincerely, and truly declare and affirm, that you will (as in the preceding form.) The sheriff or constable will then endorse on the inventory the following memorandum : day of 18 Memorandum. That on the L. M. and J. N., appraisers, were severally sworn (or "affirmed”) by the subscriber, a constable of the county of La Salle, well and truly to appraise the goods and chattels mentioned in this inventory, according to their best judgment and understanding. As witness my hand. Thomas Clark, Constable. After the appraisers have valued the goods, continue the endorsement on the inventory as follows: Form of the appraisement to be endorsed on the inventory. We, the above named L. M. and J. N., being duly sworn (or "affirmed") by Thomas Clark, the constable above named, well and truly to appraise the goods and chattels mentioned in this inventory, according to our best judgment and understanding, and having viewed the goods and chattels, do appraise and value the same at the sum of cents. As witness our hands the day of L. M. J. N. dollars and 18 Appraisers. Form of notice of sale. Notice is hereby given, that on the at o'clock in the noon, at the house of C. D., in the town of Ottawa, in the county of La Salle, in pursuance of the statute in such case made and provided, I shall expose to sale at public auction, two tables, six chairs, one cow, two mules, and one wagon, of the goods and chattels of C. D., distrained for rent due to John Smith. Dated this 18 day of Thomas Clark, Constable. CHAPTER IX. ELECTIONS. 1. Of contesting an election by a candidate for senator or representative. 2. Of contesting an election by a candidate for sheriff, coroner, county commissioner, justice of the peace, or constable. 1. Of contesting an election by a candidate for a senator, &c. By sec. 21 of "An act regulating elections," it is enacted that "If a candidate of the proper county shall desire to contest the validity of any election, or the right of any person declared duly elected to hold his seat in the senate or house of representatives of the general assembly, such candidate shall give notice of his intention in writing to the person whose election he intends to contest, or leave a notice thereof at his usual place of residence, within thirty days after the day of election, expressing the points on which the same will be contested, the name of one of the justices of peace who will attend at the taking of the depositions, the place where, and the time when the said depositions will be taken; which time so fixed upon for the taking of the depositions, shall not exceed sixty days from the day of election; and the party whose election is contested shall have a right to select another justice of the peace, and the two justices so selected shall make choice. of a third justice, and if they fail to agree upon a third justice to act with them, they shall proceed to select, by lot, a justice of the peace, who shall preside with them at the taking of such testimony; and the three justices thus selected, or a majority of them, shall have power, and they are hereby authorized to issue subpoenas to all persons whose testimony may be required by either of the parties, commanding such person or persons to appear and give testimony, at the time and place therein mentioned, under the penalty of fifty dollars, to be levied on each and every delinquent who has been duly served with process: Provided, however, That should the person whose election is contested, fail to nominate a justice as aforesaid, it shall be the duty of the justice nominated by the person contesting the election as aforesaid, to select a justice of the peace, who shall proceed as above stated. And if any witness or witnesses, summoned as aforesaid, shall fail or refuse to appear at the time specified in said notice, it shall be lawful for said justices, or either of them, to issue an attachment against such witness or witnesses, and the testimony of him, her, or them, so failing or refusing to appear, may be taken at any time before the next session of the legislature thereafter, by giving five days notice to the party whose election is so contested, and to the party contesting the same; and if any justice of the peace selected as aforesaid to attend at the taking of the depositions shall, without reasonable excuse, fail or refuse to attend at the time and place appointed, after having undertaken to attend, he shall forfeit and pay a fine of fifty dollars, to be recovered by action of debt, in any court having cognizance thereof, one half to the county, and the other half to the person who will sue for the same. And the said justices, when met, shall hear, and certify under seal, all testimony relative to the said contested election to the speaker of the senate, or to the speaker of the house of representatives, as the case may require. And no testimony shall be heard by the said justices, on the part of the person contesting the election, which does not relate to the points specified in the notice, a copy of which notice, attested by the person who served or delivered the same, shall be delivered to the said justices, and by them transmitted, with the other documents, to the speaker of the senate, or to the speaker of the house of representatives, to whichever body the person whose election is contested belongs." Gale's Stat., 267. Form of notice of intention of contesting the validity of an election. SIR: You will please take notice that, as a candidate for the office of representative, I intend to contest your right to hold your seat in the house of representatives of the general assembly of the state of Illinois, from the representative district composed of the counties of La Salle, Grundy, and that portion of Kendall which formerly belonged to the county of La Salle, and that the following are the points upon which your election will be contested, to wit: First. That, at the last general election, A. B., C. D., E. F., &c., who were minors, and had not attained the age of twenty-one years, (or "neither of whom resided in this said district at the time of the said election," or "neither of whom had resided in this state six months next preceding said election,") appeared before the judges of election in Ottawa precinct to vote, and mentioned to the judges the name of John Jones as the person they intended to vote for to fill the office of representative from the said district, and the clerks of the election in said precinct did then and there enter the names and votes of the said A. B., C. D., E. F., &c., accordingly. Secondly. That, at the last general election, held on the day of last, the judges of election in Ottawa precinct, in La Salle county, closed the polls at four o'clock in the afternoon, before all the legal voters in the said precinct had voted, and that a number of voters came to the place of holding the election in the said precinct, before the hour of six o'clock in the afternoon of that day, and offered to vote for representatives for said district, and requested the said judges to cause their names and votes to be entered on the poll books by the clerks of the election, which they refused to do. And that Jabez Fitch, Esquire, one of the justices of the peace of the county of La Salle, will attend at the taking of the depositions of witnesses relative to the above specifications, instant, at ten o'clock in the forein the said county, and from day on the day of noon, at the house of to day, if necessary, in pursuance of the statute in such case made and provided. Dated this To Mr. John Jones. Yours, &c. day of 18 David Smith. Form of affidavit of service. State of Illinois, day of 18 La Salle county, ss. E. M., of Ottawa, in the said county, being duly sworn, says, that on the he personally served upon John Jones, of said county, a notice, of which the within (or "annexed") is a copy, by delivering the same to him, (or "he left a notice at the usual place of residence of John Jones, with his son, apparently of the age of fifteen years, of which the within is a copy.") Sworn and subscribed before me the day of 18 E. M. Form of selection of another justice by the person whose election is contested. William T. Bayley, Esquire: SIR: I have received a notice from David Smith, a candidate at the last election for the office of representative, that he intends to contest my right to hold my seat in the house of representatives of the general assembly, as one of the representatives of the district composed of the counties of La Salle, Grundy, and that part of Kendall which formerly belonged to the county of La Salle, and that Jabez Fitch, Esquire, a justice of the peace of La Salle county, will attend at the taking of the depositions of witnesses relative to the specifications contained in said notice, on the day of instant, at ten o'clock in the forenoon, at the house of county, and from day to day, if necessary. in the said Therefore I do hereby select you, being one of the justices of the peace of La Salle county, to attend at the taking of the depositions at the time and place abovementioned, in pursuance of the |