The doctrine of former jeopardy is not applicable to proceedings under this statute. State v. Vankirk, 27 Ind. 121. The issue to be tried is whether the complaining witness has just cause to entertain the fears expressed in the affidavit. Murray v. State, 26 Ind. 141; Stone v. State, 97 Ind. 345. The inquiry should be whether the complaining witness had cause to entertain the fears expressed at the commencement of the action, and not at the time of the trial. State v. Sayer, 35 Ind. 379; State v. Steward, 48 Ind. 146; Stone v. State, 97 Ind. 345. A general verdict that the defendant is guilty is insufficient. Long v. State, 10 Ind. 353. If the verdict follows the language of the statute it will be sufficient. Collins ". State, 11 Ind. 312. The defendant is entitled to take a change of venue. Ind. 315. Smelzer v. Lockhart, 97 In the absence of special provisions such proceedings are governed by the rules in criminal actions. State v. Maners, 16 Ind. 175. The record of the justice of the peace is not conclusive, but may be contradicted by parol evidence. Smelzer v. Lockhart, 97 Ind. 315. If the defendant is discharged by the justice the state can not appeal. State v. Long, 18 Ind. 438. On a continuance of the cause the defendant may be required to give bail. State v. Thompson, 62 Ind. 367. 1679. (1610.) Recognizance.-37. If the justice or jury trying the issue shall find that the complaining witness had, at the time the affidavit was filed, just grounds to entertain the fear expressed in his affidavit, the justice shall require of the defendant recognizance and freehold surety in a sum not less than fifty nor more than five hundred dollars, for his appearance before the circuit court on the first day of the next term thereof, and to keep the peace meanwhile toward the person named in the affidavit and all the inhabitants of the state. Such recognizance shall be substantially in the following form: We, A. B. and C. D., severally acknowledge ourselves bound to the state of Indiana in the penal sum of dollars each, if said A. B. shall not appear at the first day of the next term of the circuit court of county, to answer a complaint of surety of the peace made against him by —, and abide the order of such court therein, and in the meantime to keep the peace toward all the inhabitants of this state. Approved by me: THOMAS COLLINS, Justice. A. B. [SEAL.] In counties where there are criminal courts the defendant should be recognized to appear before such court. State v. Carey, 66 Ind. 72. If a recognizance is given for the appearance of the defendant before the justice, and on the day set for the trial the cause is postponed to another day, and no new bond is given, and the defendant fails to appear on such day, his bond may be forfeited. State v. Thompson, 62 Ind. 367. If during the continuance of the recognizance the defendant commits a breach of the peace, an action will lie on the recognizance. State v. Rudowskey, 65 Ind. 389. The defendant may waive a trial and give bond. State, ex rel., v. Tow, 5 App. 261. 1680. (1611.) Recognizance and transcript.-38. Such recognizance shall be filed and recorded in the same manner, and shall have the same force and effect, as recognizances required to be taken in criminal cases before justices. And such justice shall also file, in the clerk's office, a transcript of the proceedings before him, and all the papers in the cause, unless otherwise directed by both parties; and he shall also recognize the complainant and the witnesses examined by him, to appear before such court to testify in said matter. 1681. (1612.) Trial in court-Recognizance.-39. The cause shall be docketed and tried in the circuit court in its order; and if the finding of the court be against the defendant on the issue as to whether the complaining witness had just cause to entertain the fears expressed in his affidavit when the same was filed before the justice, the court shall require of such defendant recognizance, with freehold surety, that he will keep the peace and be of good behavior generally, and especially toward the person named in the affidavit, for such length of time as the court may direct; and shall also give judgment against him for costs, and the stand committed until the same be paid or replevied. Circuit courts have no original jurisdiction of proceedings for surety of the peace. State v. Cooper, 90 Ind. 575. If it appears that at the commencement of the action the complainant had just cause to entertain the fears expressed, the defendant should be put under bond though such cause does not exist at the time of the trial. Stone v. State, 97 Ind. 345. The fact that cause for entertaining the fears has ceased to exist may be considered in fixing the amount of the bond, and the time it shall run. State v. Sayer, 35 Ind. 379. If the cause is dismissed by agreement at the cost of the defendant, he can not be committed to jail for failing to pay or replevy such costs. State v. Kiefel, 49 Ind. 205. Irregularity in the proceedings will not affect a suit on the bond for a breach thereof. State, ex rel., v. Tow, 5 App. 261. 1682. (1613.) Finding against complainant.-40. If the finding of the justice or of the court be in favor of the defendant, or if the cause be dismissed by the complainant, or if he fail to prosecute the same, all costs shall be adjudged against the complaining witness. 1683. (1614.) Wife may prosecute.-41. The wife may bring a proceeding for surety of the peace against her husband, or any other person in her behalf may bring such proceeding against him, and such person shall, on such proceeding, be deemed the complaining witness; but the wife shall in no case be responsible for costs. 1684. (1615.) Prosecutor, when notified.-42. In all cases of surety of the peace, the justice of the peace before whom the proceeding is instituted shall notify the prosecuting attorney or his deputy, if within the township at the time, to appear and prosecute for the complainant. 1685. (1616.) Title of cause.-43. The proceeding shall be in the name of the state of Indiana against the defendant. The prosecution should be in the name of the state without any relator. State v. Carey, 66 Ind. 72. 1686. (1617.) Commitment.-44. When any defendant shall fail to enter into any recognizance and sureties required of him by any justice or court, as above recited, such court or justice shall commit such defendant to the county jail until he shall be discharged by due course of law; but in no case shall he be thus confined longer than one year. And after such commitment by the court, the court may, at any time, discharge him on his own recognizance, when it shall seem proper to do so in the interests of justice and with due regard to the safety of the parties named in the affidavit and the public. 1687. (1618.) Breach of the peace.-45. Whoever, in the presence of a justice of the peace, while acting as such justice, makes an affray, or threatens to beat or kill another, or to commit an offense against the person or property of another, or contends with hot and angry words and imprecations, to the disturbance of the peace, may be ordered, without process or any other proof, to give security to keep the peace, and in default thereof may be committed as above provided. SEC. 1688. When to issue. 1689. Affidavit. 1690. Form of warrant. ARTICLE 5.-SEARCH WARRANT. SEC. 1691. Disposition of property. 1692. Sheriff's duty-Burglars' tools, etc. 1693. Dead body. [1881, p. 114. In force September 19, 1881.] 1688. (1619.) When to issue.-46. Justices of the peace may issue warrants to search any house or place First. For property stolen, taken by robbers, embezzled, or obtained under any false pretense. Second. For forged or counterfeit coins, bank bills or other instruments of writing, and dies, plates, stamps or brands for making the same. Third. For any gaming table, establishment, device, or apparatus kept or exhibited for the purpose of unlawful gaming, or to win or gain money or other property; and for any money or other property won by unlawful gaming. Fourth. For books, pamphlets, or printed papers containing obscene language; prints, pictures, or descriptions manifestly tending to corrupt the morals of youth; and for obscene, lewd, or indecent or lascivious drawings, lithographs, engravings, pictures, daguerreotypes, photographs, stereoscopic pictures, models or casts, whenever such articles are kept for distribution, sale, or use, for hire or gain; and for instruments or articles of indecent or immoral use; or instruments, articles or medicines for procuring abortion, or for the prevention of conception, or for self-pollution; or for any articles used for an obscene or unlawful purpose. 1689. (1620.) Affidavit.-47. No warrant for search shall be issued until there is filed with the justice an affidavit, particularly describing the house or place to be searched and the things to be searched for, and alleging substantially the offense in relation thereto; and that the affiant believes, and has good cause to believe, that such things as are to be searched for are there concealed. An affidavit for search, substantially in the following form, shall be deemed sufficient: State of Indiana, }ss: County of A. B. swears [or affirms, as the case may be] that he believes, and has good cause to believe, that [here describe the things to be searched for], of the value of dollars, the [here describe the offense in relation thereto] are concealed in or about the [here describe the house or place] of C. D., situated in the township of in said county. A. B. property of Subscribed and sworn to before me this day of 18-. JARED C. JOCELYN, Justice. [SEAL.] 1690. (1621.) Form of warrant.-48. A warrant for search substantially in the following form shall be deemed sufficient: To any constable of said county, greeting: Whereas, there has been filed with me an affidavit of which the following is a copy: [here copy the affidavit]: You are, therefore, commanded, in the name of the state of Indiana, with the necessary and proper assistance, in the day time or in the night time, to enter into [here describe the house or place as in the affidavit] and there diligently search for the said goods and chattels, to wit: [here describe the articles in the affidavit]; and that you bring the same, or any part thereof found on such search, forthwith before me at my office, to be disposed of according to law. JARED C. JOCELYN, Justice. [SEAL.] The warrant should give the full name of the person whose premises are to be searched. Tuell v. Wrink, 6 Blkf. 249. 1691. (1622.) Disposition of the property.-49. When the warrant is executed by the seizure of the property or things described therein, the property or things shall be safely delivered by the justice to the sheriff, to be safely kept by him, either within the county jail of his county or such other secure place as to him shall seem meet. And where the property found consists of obscene, lewd, indecent, or lascivious books, papers, articles and things, such justice shall transmit, inclosed and under seal, specimens thereof to the prosecuting attorney, and the remainder thereof shall be deposited as aforesaid, inclosed and under seal. 1692. (1623.) Sheriff's duty — Burglars' tools, etc.-50. Such property, so seized, shall be securely held by such sheriff, subject to the order of the court trying the offender; and upon the conviction of the person so offending, such sheriff shall forthwith, in the presence of the person or persons upon whose complaint the seizure or arrest was made, if he or they shall after notice thereof elect to be present, destroy, or cause to be destroyed, the counterfeit coins, dies, and instruments, gaming devices and apparatus, burglars' tools, and other articles used for unlawful purposes, and the obscene, lewd, and indecent articles and things above mentioned; and as to all other property, he shall, after such conviction, deliver the same, under the order of the court trying the offender, to the proper owner thereof. If the articles are such as are recognized by law as property, and have an intrinsic value and can be used for lawful purposes, the owner is entitled to be heard before such articles are destroyed. State v. Robbins, 124 Ind. 308. 1693. (1624.) Dead body.-51. When an affidavit is filed before a justice of the peace or the mayor of a city, alleging that the affiant has good reason to believe, and does believe, that a dead human body, procured or obtained contrary to law, is secreted in a building, or other place, in the county, which is therein particularly specified, such justice of the peace, or mayor of a city, taking with him a constable or police officer, may enter, inspect, and search such building or other place for such dead body; and in making such search they shall have the powers of officers executing search warrants. [1881 S., page 114. In force September 19, 1881.] 1694. (1625.) Warrant, where served.-52. Any justice, on complaint, made on oath before him, charging any person with the commission of any felony or misdemeanor, shall issue his warrant for the arrest of such person, and cause him to be brought, forthwith, before him for trial or examination; and such warrant may be served throughout the county. And if the accused flee from justice, or has already escaped from the county in which the offense was committed, the officer holding the warrant, upon having the certificate of the county clerk attached thereto, setting forth that the justice of the peace signing the warrant was at the time duly commissioned and qualified as such, may pursue and arrest him in any county in this state; or the same may be served by any constable or sheriff in any county where he may be found. When the proper certificate is attached to the warrant, it may be served in any county in the state. Sturm v. Potter, 41 Ind 181. Criminal actions may be instituted and prosecuted before justices of the peace on Sunday. State v. Douglass, 69 Ind. 544. The affidavit may be sworn to before any officer authorized to administer oaths. Hunter v. State, 102 Ind. 428. 1695. (1626.) Affidavit.-53. An affidavit substantially in the following form shall be deemed sufficient: A. B. swears [or affirms, as the case may be] that on or about the at said county, C. D., as affiant verily believes [here state the offense]. day of A. B. |