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.

1690. Trial in court-Recognizance.--49. The cause shall be docketed and tried in such 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 cost, and that he stand committed until the same be paid or replevied.

See notes to section 1681, Burns' R. S. 1901.

1961. Finding Costs.-50. 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 fails to prosecute the same, all costs shall be adjudged against the complaining witness.

1692. Prosecution by wife.-51. A 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.

1693. Prosecuting attorney-Notice.-52. 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. 1694. Title of cause.-53. The proceeding shall be in the name of the State of Indiana against the defendant.

See note to section 1685, Burns' R. S. 1901.

1695. Commitment to jail.-54. When any defendant shall fail to enter into any recognizance required of him by any justice or court, as provided in this act, 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 three months. 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 interest of justice and with due regard to the safety of the parties named in the affidavit and the public.

1696. Breach of peace.-55. 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 surety to keep the peace, and in default thereof may be committed as above provided.

[Acts 1905, p. 584. In force April 15, 1905.]

1697. Issue by justice of peace-Articles.—56. 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 gill nets, seines, or for any implement or device used or kept for use for taking fish unlawfully from any of the lakes or streams of this state.

Third. For forged or counterfeit coins, bank bills or other instruments of writing, and dies, plates, stamps or brands for making the

same.

Fourth. For any gaming table, establishment, device or apparatus kept for the purpose of unlawful gaming, or to win or gain money or other property, or for any money or other property won by unlawful gaming.

Fifth. 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, exhibition, 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.

Sixth. For animals that have been overworked, cruelly beaten, mutilated, overdriven, deprived of necessary sustenance, cruelly killed, or in any manner cruelly mistreated or neglected; and for animals kept for the purpose of fighting, baiting, to be used as a target, or to be shot at either for amusement or as a test of skill in markmanship; and for animals that are kept with their feet or legs tied or in any other cruel and inhuman manner; and for animals cruelly confined in the cars of any company using such cars for transporting animals, and for

any other purpose in order to enforce the laws herein or hereafter enacted to prevent cruelty to animals.

See sections 1688-1693, Burns' R. S. 1901, and notes.

1698. Affidavit, form.-57. 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, county of

SS:

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 and the offense in relation thereto) are concealed in or about the (here describe the house or place) of C. D., situated in the county of in said state.

Subscribed and sworn to before me this

19...

day of...

Justice of the peace.

1699. Search warrant, form.-58. A warrant for search, substantially in the following form, shall be deemed sufficient:

State of Indiana, county of

To any constable of said county, greeting:

SS:

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. as 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.

Given under my hand this

....

day of

See note to section 1690, Burns' R. S. 1901.

19... Justice of the Peace.

1700. Seizure and disposal.-59. 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, enclosed and under seal, specimens thereof to the prosecuting at

torney, and the remainder thereof shall be deposited as aforesaid, enclosed and under seal.

1701. Duty of sheriff. 60. Such property, so seized, shall be securely held by such sheriff, subject to the order of the court trying the of fender; and, on 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.

See note to section 1692, Burns' R. S. 1901.

1702. Dead human body.-61. When an affidavit is filed before a justice of the peace or city judge, alleging that the affiant has good reasons 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 city judge, 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.

[Acts 1905, p. 584. In force April 15, 1905.]

1703. Warrant-Issue and service.-62. Any justice of the peace or city judge, 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 examination or trial; 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 or city judge 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, and such constable shall have the power and right to take recognizance for the appearance of the accused in such amount as the justice may enclose [endorse] upon the warrant, which recognizance must require the accused to appear before such justice at a time therein fixed within forty-eight hours from the time of making such arrest, and the bond shall be approved by the constable.

See sections 1694-1716, Burns' R. S. 1901, and notes.

Prosecutions for misdemeanors may be commenced before justices of the peace or police courts by complaint under oath. Webber v. Harding, 155 Ind. 408.

1704. Affidavit, form.-63. 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 day of ... 19.., at said county, C. D., as affiant verily believes (here state the offense).

Subscribed and sworn to before me, on this .... day of

A. B. 19... Justice of the peace.

.......

See notes to section 1695, Burns' R. S. 1901.

1705. Warrant, form.-64. A warrant, substantially in the form following, shall be deemed sufficient:

You are commanded to arrest C. D., and bring him, forthwith, before me, at my office, to answer to the charge of having, at said county, on the .... day of 19.. (here state the offense), as A. B. has complained on oath; and have then and there this writ. Dated this .... day of

See notes to section 1696, Burns' R. S. 1901.

19...

1706. Arrest-Proceedings.-65. When the officer holding the warrant arrests the accused, he shall take him before the magistrate issuing