Practical forms of writs, processes, &c., selected from the most approved precedents and adapted to the laws of the state of Illinois now in force : and with little variation, will apply to those of neighboring states and territories with explanatory notes and references, intended for the use of judges of probate, clerks of courts, sheriffs, coroners ... and which will be essentially useful to gentlemen of the bar and private citizens: together with a variety of useful precedents in conveyancing; such as deeds for land, deeds of trust, mortgages, leases, bills of sale, powers of attorney, &c., to which is added an appendix, comprising the duties of a justice of the peace, arising under the laws of the United States; the mining regulations; with forms of proceedings in cases of naturalization, military pensions, fugitives from justice, &c.

Jones, James · 1830 · Historical

164, 52, 10 p. ; 19 cm

Public-domain full text preserved in the Mountain Man Mining Library. Original source: archive.org.

Practical Forms

m t of

WRITS, PROCESSES, &c.

SELECTED' FROM THE MOST APPROVED PRECEDENTS AN® ADAPTED TO THE LAWS OF THE

State Of Illinois

Now In Force;

And with little variation, will apply to those of the neighboring

States and Territories,

With Explanatory Notes And References, Intended For The Use Of

JUDGES OF PROBATE, CLERKS OF COURTS, SHERIFFS, CORONERS, COUNTY COMMIS- j SIGNERS, JUSTICES OF THE PEACE,

Constables, Notaries Pub- .. J

LIC, &c. &c. !

And which will be essentially useful to Gentlemen of the Bar and Private Citizens :

Together With A Variety Of Useful Precedents

In Conveyancing;

Such As

DEEDS FOR LAND, DEEDS OF TRUST, MORTGA GES, LEASES BILLS OF SALE, POWERS OF ATTORNEY, &c.

To Which Is Added

An Appendix,

Comprising the duties of a Justice cl the Peace, arising anderthe Laws of the Unii'ed States ;

The Mining Regulations;

With Forms of Proceedings in Cases of Naturalization Military Pensions , Fugitives from Justice, fyc.

Jones

Xl)

Galena:

Printed And Published By

United States ot America, J

District of Illinois. sc

Be it remembered, that on this twentieth day of August, in the fifty-fifth year of the independence of the United States, in the year of our Lord one thousand eight hundred and thirty, James Jones, of said district, hath deposited in this otfice the title of a book', the right whereof he claims as author, in the following words: —

i Practical forms of writs, processes, & c. selected from the Imost approved precedents, and adapted to the laws of the state |)f Illinois, nowin force, and with little variatioiWjii}. apply to n.ho5C of the neighboring stages and territories, witnexplana- tory notes and references, intended for the use of judges of probate, clerks of courts, sheriffs, coroners, county commis sioners, justices of the peace, constables, rotaries public, &c. kc. and which will be essentially useful to gentlemen of the bar, and private citizens; together v/ith a variety of useful precedents in conveyancing ; such as deeds for land, deeds of trust, mortgages, leases, bills of sale, powers of attorney, &c. to which is added an appendix, comprising the duties of a jus tice of the peace, arising under the laws of the United States; the mining regulations ; with forms of proceedings in cases of naturalization, military pensions, fugitives from justice, &c. by James Jones, Galena.’'

In conformity to the act of congress of the United States, entitled “ An act, for the encouragement of learning, by se curing the copies of maps, charts and books, to the authors and proprietors of such copies, during toe times therein mention ed”'- -and also to the ;‘ct entitled “ An act, supplementary to the act, entitled An act* for the encouragement of learning by securing the copies of maps, charts and books, to the au thors and proprietors of such copies, during the times therein mentioned,” and extending the benefits thereof to the arts of drawing, engraving and etching nistoric&i ar.d c.-er prints.

W. H. Brown,

Clerk of the District of Illinois ,

T7Jgp

Next to a goad code of laws, founded on the princi* pies of equity and justice, no object is more important in society, than that, they should he well understood, and uniformly administered, by those who are entrust* with their execution. The laws themselves, although containing the most excellent rules for the regulation of our conduct, will afford but little security against those abuses of power, which are common in all corin' tries, and to prevent which they were enacted, unless that necessary understanding of their meaning and ap plication, is communicated to our public officers, to en able them to act in accordance with their intendment. And how can we expect those wno are acting in sub ordinate capacities, the most cl whom are plain far mers, and pretend to nothing more, and wno irom ne cessity, are generally engaged in their domestic avoca tions, to obtain this" all important information, unless some system of precedents, adapted to our laws, in a condensed and simplified form, is placed within their reach? It is true that many books of practice have been published in England and America, which con tain many precedents that are useful to- lawyers* and the judges and clerks of our higher courts of judicature ; yet very few of them are adapted o our inferior tribu nals, and peculiar local regulation, without material alteration, which, in most cases, is a work of art, to -which few can pretend, unless they be such as have made the business of the law their profession. It is to - remedy this difficulty, in the administration of our laws, c , that I have been induced to undertake this work, which "has long been deemed a desideratum in our State, and which is now presented to, the public in a form as little .exceptionable as it was possible with my limited means to make it. It has been my object to arrange each form under its appropriate head, in a plain, but sys-

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tcmatic manner; and to facilitate a proper understand ing of their application, 1 have subjoined explanatory notes and references, in all cases where they have been deemed necessary. This being the only body of prac tical forms as yet published in our State, it is hoped and believed, that although they may not be found to answer every purpose for which they were intended, that they will nevertheless he useful; and serve at least as indexes to greater accuracy, which could not be easily obtained without some such assistant. It may not be improper in conclusion to remark, that the dif ficulty of procuring materials has been very great, and that no labor or expense has been spared, to render it acceptable to the public; and had not the publisher been cheered with the prospect that his labors would, in all probability, meet with legislative sanction and patronage, it is most likely that this work would not, at this time, have been undertaken.

James Jones

Galena, August 6, 1830

‘3|

Rules Of Practice

And

Forms Of Proceedings

Of The

Supreme Court

1, Of the admission of Attorneys at Law* (S cl at is oj

1319, page 9.)

I, Form of the cirtificate of good moral character, to be piO’ duced to the Judges before granting the license.

linois, . 5In the Circuit Court,

l sct* l Term, A. D.

State of Illinois

County of

This court doth certify, that A. B. Esq. who is about

to apply for a license to practise law in this state, is a man of honesty, probity and good demeanoi.

A copy.

[L. S.] Teste, C. D. Clerk.

2. Form of the License.

State of Illinois, sct.

Be it known to all to whom these presents shall come, that A. B. Esq. having produced to us the undersigned, two of the Justices of the Supreme Court of the state of Illinois, a certificate from the Circuit Court ot the county of , and state aforesaid, of his honesty,

probity a ul good demeanor; and vve having examined him touching his capacity and fitness to practise law, and iiudi ;g him duly qualified, do, by these pies- orUs, authorise and license him the said A. B. to pmc

Forms Of The

tise law in any of the superior or inferior courts of this state.

In testimony whereof, we have hereunto set our hands and affixed our seals, this day of ,

A. D. , and ot the independence of the United States, the

E. F. [L. S.]

G. H. [L. S.]

Oath to be taken by the attorney, and endorsed on his li cense.

State of Illinois, )

County of , l scL

I, A. B,, do solemnly swear, in the presence of Al mighty God, that I will support the constitution of the United States, and of this state, and that I will, in all things, faithfully execute the duties of attorney and counsellor at law, according to the best of my under standing arid abilities, so help me God.

A. B.

Subscribed, and sworn to in open court, this of , A. D.

C. D. Clerk Court .

Note. — After a license has been granted, and the oath ta ken and certified as aforesaid, the attorney must procure his name to be entered on the roll of attorneys in the supreme court, previous to his commencing the practice.

2. Rules of practice in the Supreme Court .

Motions.

Rule 1.' Motions may be made immediately after the ciders oi the preceding day are read, and the opinions of the court delivered in; hut at no other tune ; unless in case of necessity, or in relation to a cause when called in course.

Rule 2. i hey are to be made by the attorneys, in tiie inhering order: first, by the Attorney General next by iha oldest practitioner at the bar, and so '

Supreme Court.

the youngest; but no attorney to make a second motion until eacli has had an opportunity to make his motion.

Rule 3. Affidavits must be made when a motion is bottomed on a matter of fact; which, according to the practice of the court, should be sworn to.

Supersedeas.

Rule 4. No supersedeas will be granted unless a transcript of the record on which the application is made, be complete, and so certified by the clerk, and the necessary bonds be entered into according to law.

Rule 5. When a writ of error shall be made a su persedeas, the clerk shall endorse on the writ that it shall be so obeyed accordingly.

W rits of Error.

Rule 6. Writs of error shall be directed to the clerk, or keeper of the records in the county in which the judgment or order is complained of, is entered, commanding him to certify a transcript of the record

to this court. .

Rule 7. When a plaintiff in error shall file m this

office a record duly certified to be full and complete before a writ of error issues, it shall not be necessary to send such writ to the clerk of the inferior court; but such w rit shall be made out, and filed by the clerk of this court, with the said record; which record shall be taken and considered as a due return ro said writ.

Process on writ9 of error.

Rule 8. The process on writs of error shall be a subpoena, issued on the application of the party to the elerk, directed to the sheriff of the proper county : os- in case of interest, to the coroner, commanding him to summon the defendant in error to appear in court, and shew cause, if any, why the judgment or decree mem BMMHterfiwrit of error should not be reversed.

Forms Of The

Rule 9. It the subpoena be not returned executed, an alias, pluries, &c. may issue without an order of court, on the application of the party.

Rule 10. When it shall appear to the satisfaction oi tne court, that a defendant is not an inhabitant of this state, there snail be a day fixed tor Ids appearance, and an order to advertise; which order shall be adver tised once a week for ibur weeks successively in some paper printed at the seat of government: the last pub lication snail be at least four weeks before the appear ance day. After publication as aforesaid, and affida vit thereof hied with tne clerk, the said cause shall stand for hearing as it the party had been served with a subpoena.

Docketing suits for hearing.

Rule 11. The clerk shall set the causes for trial in the order they come into court, except the causes for or against the people, which shall be set in order at the end of the civil causes.

Assignment of error.

Rule 12. In writs of error not operating as a super sedeas, the plaintiff shall, within eight days after the filing of the record, assign in writing, and file with the clerk, the particular error or errors, of which he com plains — no other error or errors shall be alledgedor en- quired into by the court.

Rule 13. If the party fail to assign errors as afore said, a rule snail be given, and if the errors be not as signed at the expiration of the rule, the cause may, on mofion, he dismissed.

Rule 14. In all cases of appeals from any court to this court, the appellant shall file in open court, on or before the third day of the term succeeding the appeal, if there be thirty days between the sitting of the Su preme court a; d the granting of (he appeal, the record; and at the same time assffij

Supreme Court.

the appellee may, should he think proper, enter his ap pearance, and go to trial. Should there not be thirty days, then to. file the record, and assign eirois on the

first day of the second term. r

Rule 15. When the court grants a writ of error with supersedeas, at the same time the plaintitl shall file a copy of the record and assign his errors, so the defendant may join in error, and go to trial at the same term of the court,.

Rule 1C. When a writ of error is made a superse- deas in vacation, the plaintiff shall file in open court, on or before the third day of the next term thereafter, if there be thirty days between the granting of said writ and the sitting of the court; if not, on the first day of the succeeding term, a copy of the record duly cer tified, and an assignment of errors, so the delenaani may join in error, and have a trial at the same court.

Rehearing.

Rule 17. On a petition to the court briefly stating the grounds of rehearing of a cause, and the law to support it, signed by an attorney or attorneys of the court, the court may, when there is reason for it, grant a new trial, on giving the prevailing party notice, both of the motion for rehearing, and the time of such new trial, if eranted.

Rule 18. The counsel for the plaintiff in every writ

of error, and the appellant in every appeal, shall mr- nish to each of the Justices of this court, before the ar gument of every such writ of error or appeal shall com mence, an abstract or abridgement of such parts oi the pleadings and proceedings in such case, as said counsel shall deem necessary to a full understanding of the er rors relied on, for a reversal of the judgment or decree complained of; together with the points intended 10 be relied on in the argument of the cause, and the au thorities intended to be used in support ot then).

Rule 19. It shall also be the duty of the counsel for the plaintiff in error or appeal, to file in the clen, s

forms of The

office, for the use of the defendant’s counsel, a copyoi s;i‘d abstract, or abridgement, at least one day pre vious to tne argument, when the cause is not argued on the first day of the term:— And if the two foregoing rules shall not be complied with, the cause shall be ei ther continued or dismissed, at the discretion of the court.

Rule 20. The defendant’s counsel shall be permit ted, in case he is not satisfied with the abstracts or abridgements by the plaintiff’s counsel, to furnish each 01 the Judges with such other abstracts as he shall deem necessary to a full understanding of the merits of the cause: And it shall also be the duty of the de fendant’s counsel to furnish each of the Justices of the couit, at tiie commencement of the argument, with the au mol i ties he intends to cite on the argument.

Rule 21. All special motions shall be entered with the clerk at least one day before the same shall be ar gued; and the counsel entering said motion shall, at the said time, file the reasons on which the motion shall he predicated.

3j Forra of a writ of error, to remove a record into the Su preme court. (See Rule 6.) '

State of Illinois, )

Supreme Court. sct*

The people of the State of Illinois, to the clerk of the circuit court of connty, greeting:

Because in the record and proceedings,and also in the rendition of the judgement in a suit which was lately in tne circuit court of county, before the judge thereof, between A. B. plaintiff, and C. D. defendant,

01 a k]ea of trespass on the case, (or as the plea is,; manifest error hath intervened, as it is said, to great injury of the said C. D. as by his compjab t we are informed: and we being willing that the said error, it any there be, should in due manner be certified, and tail, and speedy justice done to the parties afore* said, in this behalf; do command you, that you send to

Supreme Court.

the justices of our supreme court, at Vandalia, with all convenient despatch, a transcript of the record and proceedings of the suit aforesaid, with all things con cerning the same, distinctly and openly, under the seal of your court, together with this writ; so that the said justices may have them at the place of holding the said supreme court, in Vandalia, on the day of

next- that the records and proceedings aforesaid being inspected, they may cause to be done, thereupon, for correcting that error, what, of right, and according to law and the rules of said court, ought to be done.

Witness, the Hon. William Wilson, chief justice of our said supreme court, at Vandalia, this [L. 5.J day 0f A. f)t , and of the

independence of the United States the .

J. M. D. Cl/c . Sup. Court .

4. Return thereto by the clerk, to be endorsed on the writ,

(See Rule 6.)

A transcript of the record and proceedings of the suit, whereof mention is within made, with all things concerning the same, I herewith certify to the justices of the said supreme court, at the day and place within mentioned, as within I am commanded.

E. F. CUc. of the C. Court .

May , A. D.

5. Form of the subpoena to be directed to the sheriff of the proper county, to summon the defendant in error. (See Rule 8.)

State of Illinois, )

Supreme Court, y

The people of the State of Illinois, to the sheriff oi county, greeting:

Because in t:>e record and proceedings, and also in the rendition of tne judgment i: a sail wHcn was late ly in the circuit court of county, before the judge thereof, between A. B. plaintiff, and C. D. defendant, of a plea of trespass on the case, (or as the plea is) man-

Forms Of The

ifest error hath intervened, as it is said, to the great in jur)’ of the said C. D. as by his complaint we are in formed; a transcript of the record and proceedings, of which said judgment, we have caused to be brought into our supreme court of the state of Illinois, before the justices thereof to correct the error in the same, if any there be, in due form and manner, according to law: We therefore command you, to summon the said A. B. to be and appear before the justices of our said supreme court, at the next term thereof, to be. holden at Vandalia, in said state, on the Monday in next, to hear the record and proceedings, and the er rors assigned, if he shall think tit, and to show cause, if any he can, why the said judgment shall not be re versed, for the causes aforesaid; a further to do and receive what our said court shall order and adjudge in this behalf. And have you then and there this writ, and make return thereon in what manner you execute

the same. ,

Witness the Hon. William Wilson, chief justice Q of our said supreme court, at Vandalia, this

I L. b.J davof A. D. , and of the

independence of the United States, the

J. M. D. Clk. Suo. Court .

fi. Sheriff’s return thereto, to be endorsed on the subpoena.

♦

In pursuance of the within Tvrit.to me directed, I have this day summoned the said A. B. to be and appear be fore the justices of the said supreme court, at the day and place within mentioned, as within I am command ed.

$ L. M. Sheriff of the (county of and State of Illinois ,

June

Supreme Court.

y. Sheriff’s return of non est inventus, when the defendant ia

error cannot be found.

The within named A. B. is not found within the body of my county, so that I cannot summon him, as within I am commanded. ( L. M. Sheriff of the

\county of / and state of Illinois.

June , A. D.

8. Form of a writ of certiorari, on the suggestion of a diminu tion of record. vV

State of Illinois, ) .

Supreme Court. $ scu

The people of the state of Illinois,

To the clerk of the circuit court of county, greeting:

Whereas in a certain suit between A. B. plaintiff, and C. D. defendant, lately depending in the circuit court of said county, wherein judgment was rendered for ttie said A. B. and against the said C. D. a writ of error was prayed for and obtained by the said C. D. directed to you, the clerk of the said circuit court, re quiring you to certify a transcript of the record and proceedings in said suit, to the supreme court, held at Vandalia, on the Monday of A. D. ,

which said transcript was certified and transmitted, as by the said writ you was commanded: and whereas, it has been suggested on the part of the said C. D. that the said record has been diminished; and inas much as {here recite the part of the record omitted) has not been sent up, and the justices of our said supreme court not being satisfied that there is a sufficient record sent in the plea aforesaid, and that there is a diminu tion thereof: You are, therefore, hereby commanded, that without delay, the said (here state the matter omitted as before) therein, you cause to be transmitted to the said supreme court, to be held at Yandalia, in the said state, on the Monday of next,

without any addition, alteration or diminution what ever, to the end, that speedy justice may be done in the

F©RMS ©F THSi

premises, according to law; whereof you are in ito wise to fail; and send you then and there this writ.

Witness, the Hon. William Wilson, chief jus- r-T q -j tice of our said supreme court, at Vandalia, [ j ‘J this day of , A. D. , and

of the independence of the United States, the

J. M. D. Clk. Sup . Court .

9. Return thereto by the clerk, to be endorsed on the writ.

By virtue of this writ, to me directed, I do hereby certify to the justices of the said supreme court, that having examined the record and proceedings in the suit of which mention is within made, I find that (here state the matter omitted,) a transcript of which as fully and entirely as the same remains in my custody of re* oord, I do hereby certify and transmit to the said jus tices, at the day and place within mentioned, as with in 1 am commanded.

E. F. Clk. of the C. Court .

May , A. D.

10. Return by the clerk, when no omission has happened.

I certify to the justices of the supreme court within mentioned, that having diligently searched the record and papers on file in my office, in the suit of wffiich mention is within made; 1 have not been able to find (here state the matter said to be omitted,) in any part of the record or proceedings between the said A. Bo and C. D. of the plea within mentioned.

E. F. Clk, of the C. Court.

May , A. D.

Supreme Court.

Si. Form of ail assignment of error, in the supreme court.

State of Illinois, , ( term, in the year of

Supreme Court.} (our Lord, one thousand eight hundred and C. D. )

vs. In Error.

Afterwards, to wit, on the day of , A. D.

, at this same term of the court, before the jus tices thereof, comes the said C. D. by G. H. his attor ney, and says that in the record aud proceedings, afore said, and also in the rendition of the judgment, afore said, there is manifest error in this, to wit: that the declaration aforesaid, and the matters therein contain ed, are not sufficient in law* for the said A. B. to have, or maintain his aforesaid action thereof, against him the said C. D. There is also error in this, to wit: that by the record aforesaid, it appears, that the judg ment aforesaid, in form aforesaid given, was given for the said A. B. against the said C. D., whereas by the laws of the land, the said judgment ought to have been given for the said C. D. against the said A. B. (here as sign all the other errors relied on.) And the said C. D. prays Fiat the judgment aforesaid, for the errors afore said, and for other errors apparent in the record and proceedings aforesaid, may be reversed, annulled, and altogether held for nothing, and that he may he restor ed to all things which he hath lost by occasion of the said judgment, See.

' G. H. Attorney

for Plaintiff in Error .

12. Joinder in error.

A. B. i

ads. In Error.

C. D. S

And hereupon afterwards, to wit: at the term

of the said supreme court, in the year of our Lord one thousand eight hundred and . the said A. B. by

Forms Of Th£

J. K. his attorney, comes here into court, and says that there is no error either in tiie record and proceedings aforesaid, or in the rendition of the judgment afore said; and prays that the justices of the said supreme court, now here, may proceed to examine, as well the record and proceedings aforesaid, as the matters afore said above assigned for error, and that the judgment aforesaid, in form aforesaid given, may be in all things affirmed, &c.

J. K. Attorney for Defendant in Error .

13. Form of a writ of mandamus.*

State of Illinois,

The people of the State of Illinois,

To At B. secretary of state, for the state of

Illinois, greeting:

Whereas, it has been represented to the justices of our supreme court, at Yandalia, in said state, that Cb oi the county of , and state aforesaid, was, on the day of , A. D. , by joint ballot

of both branches of the general assembly of said state, in due form, and according to the constitution and laws of the said state, elected to the place and office of judge of probate in and for the said county of and

whereas, the governor of said state did, on the day of , A. D. , sign a commission, in due

form, for the said C. D. appointing him the said C. D. to the said place and office, and did, on the same day, deposit the same with you the said A. B. to be coun tersigned by you as secretary of the said state, sealed

writ of mandamus, is, in general, a command, issuing from a superior court, having competent authority for that purpose, and directed to any person, corporation or inferior court of judicature, requiring them to do some particular thing therein specified, which appertains to their office and duty, and which the superior court has previously determined, or at least supposed to be consonant to right and justice,

(See 3 Bl, Com, 110.1

s

Supreme Court.

with the seal of the state, and delivered to the said C.

£). as by law you are required; and whereas, it has been further represented to us, that notwithstanding the premises with which you are well acquainted, you have, without any reasonable cause whatever, hitherto refused, and still refuse, to countersign, seal and deliv- or the said commission to the said C. D. although of ten required by the said C. D. so to do; by means whereof, the said C. D. has been greatly hindered and delayed in the exercise of the said place and office, and wholly deprived of the profits, emoluments and advan tages thereunto belonging and appertaining, to his manifest injury and damage, as by his complaint we have understood: We, therefore, being willing that due and speedy justice be dose to the said C. D. in this behalf, command you, that immediately after the receipt of this writ, you do, without further excuse or delay, countersign, seal and deliver the said commis sion to the said C. D., or signify to us, cause to the con trary, lest in your default, complaint should come to us repeated. And how you shall execute this our com mand, certify to the justices of our said supreme court, now sitting at V'andalia, on the day of , A.

D. , together with this writ.*

Witness, the Hon. William Wilson, chief jus tice of our said supreme court, at Vandalia, [L. S.] this day of , A. D. , and

of the independence of the United States, the

J. M. D. Clk. Sup. Court .

14. Return of the above writ.

I, A. B., secretary of state, for the state of Illinois, in obedience to the command of the within writ to me di- ,

Application for the writ of mandamus, should always lye supported by affidavit, that the court may judge of the propri ety of granting it ; and this is the constant practice.

Buller’s Nisi Prius, title “ Mandamus.”) If the first writ is disobeyed, a peremptory mandamus issues; and after that ai> attachment. (3 Bl. Com. 111.)

Forms Of The

recteo, do certify to the justices of the said supreme court, that although it is true that the within named

C. D. was duly elected to the ofiice of judge of pro bate, in, and for the said county of , as within

mentioned, yet it is not true, that the said governor signed a commission, appointing the said C. D. to the said office, and deposited the same with me, to be countersigned, sealed and delivered to the said C. D. in manner and form as by the writ within written is sup posed ; and for teat reason I have not, nor can 1 accord ing to lavs', countersign, seal ai d deliver to the said C.

D, a commission for said office, as by this writ, I am within commanded, &c.

A. B. Sec\y of State, Vandalia, December , A. D. k

Id, Form of a writ oi Restitution, with a fieri facias, after a judgment reversed in the supreme court.

State of Illinois, )

Supreme Court. ) se

The people of the State of Illinois,

o tne sheriff of county, greeting: Whereas, A. B. lately, that is to say, at the tcim Ok our circuit court, in, and for the said county of , in the year of our Lord, one thousand, eight dundred and , recovered a judgment against C. jl). late ot the said county, in a certain action of tres pass on the case, (or as the action is,) for the sum of dollars for his damages, and the further sum of dollars for his costs in that behalf expended, whereof the said C. D. is convicted, as by the record9 and proceedings thereof, which for certain causes of error, we lately caused to be brought into our said su preme court, appears; and whereas, by reason of di verse errors in the said record and proceedings, and also in giving the judgment aforesaid, the said supreme court have reversed, and totally annulled the same anci have further considered and adjudged, that the 5a;d C. D. be restored to all things which he has lost,

supreme court.

occasion of the judgment aforesaid; and wherea

ha.s had his execution of the damages aforesaid, and is yet possessed thereof, as we have been informed: We, therefore, command you, that it it can be made appeal to you, that the said A. B. has had his execution of the damages aforesaid, by virtue of the judgment afore- aid then without delay you cause tne said U. V, to have full restitution of the said amount of damages, and costs as aforesaid; and if you cannot cause him to have restitution thereof, then, that of the goods and chattels, lands and tenements ot the said A. B., in your county, you cause to be made the said sum of dollars,

and cause that money to be delivered without delay to the said C. D. And in what manner you shall execute this our writ, certify to the justices of our said supreme court, at Yandalia, in ninety days from the date hereof, and have you also then and there this writ.

Witness, the Hon. William Wilson, chief justice of our said supreme court, at Yandalia, this [L. S.J day 0f , A. D. , and of the

independence of the United States, the

J. M. D. Clk, Sup, Court ,

fi

Forms

Of

Writs And Proceedings

In The

Circuit Court.

1. Account, ( See revised code of 1827,. 47.)

1, Notice by the auditors, to the parties litigant, of the time

and place of auditing their accounts., previous to their re port.

Po A. B. an# C. D. of the county of , and state of

Illinois.

Whereas, by an order of the circuit court, in, and for the county and state aforesaid, made at its term,

A. D. , the undersigned have been appointed au

ditors, to audit and state the accounts, which are at piesent the subject matter in controversy between you, in a certain action of account, now pending and undetermined in the said court, wherein you the said A.

B. are plaintiff, and you the said C. D. defendant: This is, therefore, to notify you, that w,e have appointed the

A. D. , as the time, and

tne house of L, F. in tho said county and state, the place, for the hearing of, and adjusting your several ac counts according to law, and the said order of court; when and where, you are required to attend, with your respective books and accounts, and your witnesses if any, to establish the correctness of the same.

G. H.)

J. K. Auditors,

r. L. M.)

' wne ,, A. D,

Circuit 80Urt.

2. AtfcUtors’ report to the circuit court.

To the Hon. R. M. Y. judge of the circuit court, in, and for the county of , and state of Illinois:

We, the undersigned, having been appointed audit ors, to audit. and state the accounts, which are at pres ent' the subject matter in controversy, between A. B. plaintiff, and C. D. defendant, in a certaiu action of account, now pending and undetermined in the said circuit court; do, in conformity with law, and the order of the said court, make the following report. That, having first been duly sworn according to law, faithfully and impartially, to take and state the accounts between the said parties, and to make repoit thereof to the said court; we proceeded to appoint the day of ,

A. D. , as the time, and the house of E. F. in the said county and state, the place, tne healing ant.', adjustingof the said accounts; and thereupon, on the day of , A. D. , caused a written notice to be served on the said parties litigant, advising them of the time and place appointed, with the request that they would respectively attend, with their books and ac counts, and their witnesses, if any, to establish the cor rectness of the same: whereupon on the day, and at the place appointed, as aforesaid, the parties appeared, and produced their several books and accounts, agreea bly to the request contained in the said notice"; and the said A. B. further produced N. O. and P. O. as wit nesses on his part, and the said C. D. also produced R. S. and T. S. as witnesses on his part, 'who were to gether with the said A. B. and C. D. severally sworn and examined by us, touching the correct* ess of their respective accounts, and the several items composing the same ; and after having heard their several allega tions and proofs, as aforesaid, we proceeded to liqui date and adjust the said accounts, as by the said order of court wc were directed; and find, after a careful examination and calculation of the same, that there is a balance rightfully due from the said C. D. to the said A, B., of dollars, as will more satisfactorily appear,

Forms Of The

by reference to the annexed statement of their accounts which is made a part of this report. All which is rc spectfully submitted.

November

a. n

(Here follows a statement of the accounts, in the usual form in which accounts current are settled.)

2. Advertisement . (See revised code of 1 827, p. 48.)

?. Form of the certificate by the printer or publisher of a news paper, of the publication of a notice or advertisement.

[Here should be annexed a writcn or printed copy of the advertisement.]

I, 4. B. printer, (or publisher, or both, as the ease may be,) of the , a jtublic newspaper, printed and published weekly, at , in the county of , and state of Illinois; do hereby certify, that the notice, (or Advertisement,) of which the annexed is a true copy, has been regularly published in numbers of the said newspaper, for weeks successively; the first insertion whereof was in the paper dated the day of , A. D. , and the last, in the paper dated the day of , A. D. . Given under mv hand,

at , this day of , A. D.

3. Appeal Bonds

A. B.

h Form of the appeal bond in cases of appeals from the circuit, to the supreme court. (See revised code of 1827, p. 318, sec. 3.2, title “ Practice.”)

Know all men by these presents, that we, A. B. and E. F. of the county of , and state of Illinois, are held, and firmly bound unto C. I)., also of the same county and state, in the penal sum of dollars, (sum fixed by the court,) current money of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators

<#ruit eattiii;.

Q V

jointly, severally, and firmly by these presents. Wit ness our hands and seals this day ot , A. D.

The condition of the above obligation is such, that whereas, the said C. D. did, on the day of , A.

D. , in the circuit court, in, and for the county and

state aforesaid, recover a judgment against the above bounden A. B., for the sum of dollars, debt, (or damages, as the case may be,) and dollars costs; from which said judgment of the said circuit court, the said A. B. has prayed for, and obtained an appeal to the supreme court of said state. Now if the said A. B. shall duly prosecute his said appeal with effect, and shall moreover pay the amount of the judgment, costs, interest and damages, rendered and to be rendered against him, in case the said judgment shall be affirm ed in the said supreme court, then the above obli gation to be void, otherwise to remain in full force and virtue.* A. B. [L. S.]

F. [L. S.]

Taken, and entered into, before me, at my office in , this day ©f. ,

A. D.

Teste, L. M. Clerk - circuit Court .

Note. — When appeals are taken from the probate, to the circuit court, the appeal bond should, as near as practicable, conform to the foregoing form. (See revised code of 1829, p. 37, title “ Courts.”)

2. Form of the appeal bond to be given by the party appealing* from the decision of the judge of probate, or two justices of the peace, to the circuit court, in cases of alledged mis conduct, on the part of masters or apprentices. (See re vised Gode of 1827, p. 57, title “ Apprentices.”)

Know all men by these presents, that we, A. B. and

E. F., of the county of , and state of Illinois, are

*This bond, according to the statute, may be given either by the party himself, or his agent, or attorney. It has been lately determined by the judge of the fifth judicial circuit, that the word “ attorney,” in that case, means an attorney in fact, ?md not an attorney at law.

EOItMS OP 'THP

held and firmly bound unto C. D., also of the same county and state, in the penal sum of one hundred dol lars, current money of the United States, for the pay ment of which, well and truly to be made, we bind ourselves, our heirs, executors and administrators joint ly, severally and firmly by these presents. Witness our hands and seals this day of , A. D.

The condition of the above obligation is such, that whereas, the above bounden A. B. who is the appren tice of the said C. D. heretofore made complaint to G. H. and J. K., two justices of the peace, in, and for the cou nty and state aforesaid, (or to the judge of probate, as the case may be,) that he the said C. D. had indict ed undue correction on the body of the said A. B. (or as the complaint is,) contrary to law, and the form and effect of his indenture of apprenticeship to the said C. D., and whereas, the said justices of the peace did, on the day of , A. D. , render a judgment in favor of the said C. D. and against the complaint of the said A. B.; and the said A. B. having appealed from the said judgment to the circuit court of said county: now if the said A. B. shall prosecute his said appeal to effect, and shall further abide by, and per form the decision of, the said circuit court in the prem ises, then the above obligation to be void, otherwise to remain in full force and virtue.

A. B. [L. S.]

E. F. [L. S.]

Taken and entered into before me, at my office in , this day of , A. D.

Teste, L. M. Clerk circuit court .

3. Form of the appeal bond, in cases of appeals from justices of the peace, to the eircuit court, in civil cases. (See revis ed code of 1827, p. 268, sec. 31.)

Know all me l by these presents, that we, A. B. and E. F. of the county of and state of Illinois, are held and firmly bound unto C. D., also of the same county

Circuit Court,

and stale, m the penal sum of dollars, (a sum suffi cient to cover the judgment and all costs.) current mo ney of the United States, for the payment of which, well and truly to be made, we bind ourselves, our heirs’, executors and administrators jointly, severally and (irmly by these presents. Witness our hands and seals, this day of , A. D.

The condition of the above obligation is such, that whereas, the said C. D. did, on the day of , A. D. , before G. H. a justice of the peace, in and for the county and state aforesaid, recover a judgment against the above bounden A. B. for the sum of dol lars, debt and interest, and dollars costs; from which said 'judgment, of the said justice, the said A. B. lias taken an appeal to the circuit court of the said county and state. Now if the said A. B. shall prose cute his said appeal with effect, and shall pay the said debt and all costs, in case the said judgment shall be affirmed, on the trial of the said appeal, in the said cir cuit court, then the above obligation to be void, other wise to remain in full force and virtue.

A. B. [L. S.J E. F. [L. S.]

Taken and entered into before me, at my office, this day of , A.

D.

Teste, L. M. Clerk circuit court.

4. Form of the appeal bopd, in cases of appeals from justices

of the peace, to the circuit court, in criminal cases. (See

revised code of 1827, p. 275, sec. 5.)

Know all men by these presents, &c. (See penalty in previous bond.)

The condition of the above obligation is such, that whereas, the above bounden A. B. was, on the day of , A. D. , convicted of the offence of an as sault and battery, (or of an assault, or an affray, as the case is,) on the body of E. E., also of the said county and state, before G. H., a justice of the peace, for the eounty and state aforesaid, and fined in the smn of

! c

26'

Forms Of The

dollars; for which a judgment was rendered by the said justice against him, as also for the sum of dollars costs; from which said judgment, before the said jus tice, the said A . B. has taken an appeal to the circuit court of said county. Now if the said A. B. shall pros ecute his said appeal with effect, and shall pay the amount of whatever judgment the said circuit court may render against him on the trial of the said appeal, then the above obligation to he void, otherwise to re main in full force and virtue.

A. B. [L. S.]

C. D. [L. S.j

Taken and entered into before me, at my office in , this day of , A. D.

Teste, L. M. Clerk circuit court .

Form of the appeal bond, to be given by the appellant, in

cases of the trial of the right of property. (See revised

code of 1827, p. 351, sec. 5-)

N, .

Know all men by these presents, £lc. {Sec penalty in previous bond.)

The condition of the above obligation is such, that whereas, an execution, (or writ of attachment, as the case may be,) numbered , and bearing date the day of , A. D. , issued out of the clerk’s office, and under the seal of the circuit court of county, in said state, in favor of the said E. F., and against the goods aud chattels, lands and tenements of G. H., for the sum of dollars debt, (or damages,) and dol lars costs; which said execution came to the hands of R. S., sheriff of the said county of , on the day of , A. D. , and was by him, on the day of , of the year last aforesaid, levied upon the following described goods and chattels, as the property of the said G. H., to wit; (here describe the property levied upon,) whereupon the said property was claimed by the above hound A. B., as being his own goods and chattels, and as belonging of right to him; who gave notice to the said sheriff, of his said claim and intention

Circuit Court.

to prosecute the same, according to law; and thereup on the said sheriff proceeded forthwith to summon a jury of twelve respectable householders of said county, 'to attend at the house of , on the day of , A. D. , to try the said claimant’s right to the said property, and gave notice thereof to the said E. F.; and the said jury, and the said parties, having attended at the time and place, aforesaid, such proceedings were then and there had before the said sheriff, and the said jury, that a verdict was found in favor of the said E. F., and against the claim of the said A. B.; and the said A. B. thinking himself aggrieved by the said verdict, of the said jury, prayed an appeal there from to the circuit court of the said county of , and tendered the said C. D. as his security in the ap peal bond, which is accepted and approved of, by the said sheriff: Now, if the said A. B. shall well and truly prosecute his said appeal to effect, and without delay, and doth pay, or cause to be paid, all costs that have ac crued, or may accrue on said appeal, if judgment shall be given against him in the said circuit court, on the trial of the said appeal; then the above obligation to void, otherwise to remain in full force and virtue.

A. B. [L. S.]

C. D. [L. S.]

Taken, entered into, and acknowl edged before me, this day of ,

A. D.

R. S. Sheriff county , Illinois.

4. Arbitrations and references. ( See revised code of 1827,

1. Form of a submission to be made a rule of court, when no

suit has been commenced.

Whereas, divers disputes and controversies have arisen, and are now depending and unsettled, between A. B., of the county of and state of Illinois, of the one part, and C. D., also of the same county and state, of the other part: Now, for the ending and deciding

thereof, it is hereby mutually agreed by, and between the said parties, that all matters in difference between them, shall be referred and submitted to the arbitra ment and determination of £. F., G. H. and J. K., al so cf the same county and slate, or any two of them, arbitrators, indifferently chosen by the said parties; so that the said arbitrators, or any two of them, do make and publish their award in writing, under their hands and seals, ready lobe delivered to the said parties, or such of them as shall desire the same, on, or before the day of , next ensuing the date hereof: and it is further agreed by, and between the said parties, that this submission to arbitration, shall be made a rule of the circuit court, in, and for the county of and state aforesaid. In testimony whereof, the parties to these presents have hereunto set their hands and affixed their seals, this day of , in the year of our Lord, one thausand, eight hundred and

TCSte, L. M.V

A. B. [L. S.) C. D. [L. S.J

2. Form'of an arbitration bond.*

Know all men by these presents, that I, A. B. &c. The condition of the above obligation is such, that if the above bound A. B., his heir's, executors or adminis trators, on his or their parts and behalf, do, and shall w elland truly stand to, abide by, perform, observe, fulfil and keep the award, order, arbitrament and final determination of E. F., G. FI. and J. K,, of the said county and state, arbitrators indifferently named and chosen, as well for, and on the part and behalf of the above bound A. B. as the above n<wd G. D. to arbi-

*In all the settled forms of submission, whether by bond, or indenture, there oppears to be'much tautology ; but it is gen erally the safest course to follow precedents long known, and esta'h lished. Lord Coke, in reference to this subject, says, that the form which is here given, Avas invented by prudent antiquity, and that it is beat to follow the ancient forms ami precedents, Avhich are full of knoAvledge and wisdom.

Circuit Court.

qfar

irate, award, order, adjudge and determine, of, and concerning all, and all manner ot action an ac 10ny cause and causes of action, suits, bills, bonds, special

ties, covenants, contracts, promises, judgments, execu tions, accounts, debts, quarrels, controversies, damages,

trespasses and demands whatsoever, both inlaw andequi

tv, or otherwise, which, at any time, of times here o ore,

have been had, made, moved, brought, commenced, su ed, prosecuted, committed, done, sutFei ed, or depen and unsettled by, or between the said parties; so tha. the said award be made in writing, under the hands and seals of the said arbitrators, or any two of them, a mi ready to be delivered to the said parties, in difference, or such of them as shall desire the same, on 0t be ore the day of next ensuing the date hereof; then the above obligation to be void, otherwise to remain in full force and virtue. A. R. [L &*J

Teste, L. M.

Note.—- If the parties wish to make their submission a rule of court, these words should also be added at the end or ic condition of the bond, to wit: “ And the'above named A. i*. doth agree and desire, that this his submission, may be made a rule of the circurt court, in and for the county of , anc state aforesaid.” Two sets of bonds in all cases are necessa ry, which are to be given by each party to the other, only ex changing the names of the parties.

3. Form of an award.

State of Illinois, , To all to whom these presents

County of C ’ shall come,

We, E. F., G. H. anti J. Id, of the county and state aforesaid, send greeting:

Whereas, there are several accounts depending, ano diverse controversies have arisen, between A. B., ot the county of , and state of Illinois, of the one par t, and C. I)., also of the said county and state, of the oth er part; and whereas, for the putting an end to tne said differences, they the said A. B. and C. D., by their several bonds, or obligations, (or by their agree ment of submission, as the case may be, according to

Forms Of The

iOim No. 1, under this head,) bearing date the day of , last past, have reciprocally become bound, each

10 tue other, in the penal sum of dollars, to stand to, and abide, periorm and keep the award, order, and hnal determination of us the said E. F., G. E. and J.

I , so as sa award be made in writing, under our nands and seals, and ready to be delivered to the par ties in difference, on, or before the day of next ensuing the date of said bonds, as by the said obli gations and conditions thereof, will appear: Now, fnow that we the said arbitrators, whose names are hereunto subscribed, taking upon ourselves the bur then of the said award, and having been first duly sworn according to law, faithfully and fairly to hear ind examine tiie matters of difference between the said parties in question, and to make a true, and just award (or report) 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 putdisu this our award between the said parties, in the manner following: First, we do award and or der, that all actions, suits, quarrels and controversies whatsoever, had, moved, arisen, and depending be- en the said parties in law or equity, for any manner oi cause whatever, touching the said premises, to the dnj of the date nereof, shall cease, and be no further prosecuted; and that each of the said parties shall pay, and hear his costs and charges, in anywise relating to, or concerning the premises. Secondly, we do "also award and order, that the said A. B. shall, on, or be fore the day of , A. D. , pay to the said C. IN tne sum 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, executo g.u i al icleases to each other in due form of law, and sufficient for the releasing of all actions, suits, quarrels, coi.ti ovCisies and demands whatsoever, touching or concerning the premises aforesaid, or in any manner

;

4 I,

Circuit Court.

n 4 O 1

relating thereto, from their transactions with each other, up to the day of , last past. (The day of the date of the arbitration bonds.)

In testimony whereof, we have hereunto set our hands and affixed our seals, this day oi , A.

D. , E. F- [L. S.]

Teste L. JVJ.

G. H. [L. S.] J. K. [L. S.]

4. Form of an umpirage.

(Recite the arbitration bonds as in the award, and the oath of the umpire, and then proceed as follows: Now, know ye, that I, R. S., indifferently chosen by the said A. B. and C. D. as umpire, having deliber ately heard, and understood the allegations and proofs of both the said parties, and being desirous to set the said parties at unity and good accord, do, by these presents, arbitrate, award, order and decree, as fol lows: First, &c. (Here conclude the umpirage as in the preceding form.)

5. Form of a general release, in obedience to an award.

Know all men by these presents, that I, A. i>., ot the county of , and state of Illinois, have remised, re leased and forever quit claimed, and by these presents do remise, release and forever quit claim unto C. I), of the same county and state, his heirs, executors and administrators, all 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 thing awarded,) under the terms, and in the manner prescribed in, and by a certain award, made the day of , A. D. , by E. F., G. H. and a. Iv. of the said county and state, and on a reference to them of all disputes, and controversies, between me and the

Forms Of The!

said C. D. In witness whereof, my hand, and affixed my seal, this D.

Teste, L. M.

I have hereunto set day of , A. A. B. [L. S.]

Note.— A similar release must be given by the other party, only changing the names of the parties, and varying the ex ception as to the thing awarded, so as to suit each particular case.

Submissions to arbitration by indenture, as in the first form under this head, are now very unusual, although recognized by our statute ; the ordinary way being by bond, as in the sec ond form. Submissions may also, according to the common law, be by writing not under seal ; or by mere verbal agree ment, as they may by our statute, where the parties appear personally in the circuit court.

€. Form of the notice to be served on the adverse party, before

judgment is entered on an award, in the circuit court.

Mr. A. B.,

Sir:— $ send you, herewith, a copy of the award made tb£ day of , A. D. , by E. F., G. II, and J. K. of the county of , and state of Illinois, on a reference to them, of all disputes, and controver sies, existing between us prior to the day of , last past, by our several bonds of arbitration to each other, dated the day of , A. D. ; and here by notify you, to appear on the first day of the next- term of the circuit court, to be holden in, and for the said county of , at the court house in , on the Monday, in the month of next, and show cause, if any you can, why judgment should not then and there be entered by the said circuit court, against you on the said award, agreeably to the tenor and effect thereof. C. D.

June , D.

Note. — The above notice, with a copy of the award, must be served on the party to be charged with the judgment, at least four days before the motion for judgment is made.

Circuit Court.

5. Attachments . ( See revised code of 1827,;?. 66.)

1. Form of the affidavit of the creditor, or his agent, m cases

of domestic attachment.

State of Illinois, ) ,

County of , 5

This day personally appeared before me, the under signed, clerk of the circuit court, in, and for the coun ty and state aforesaid, A. B. (or, C. D. agent of A. B. as the case may be,) of the county of , and state of ,who is about to apply for a writ of domestic at tachment against E. F ., late of the said county of ; and who being first duly sworn according to law, depos es, and says; that the said L. F. is justly indebted to him the said A. B. in the sum of dollars, lawful money of the United States, for (here specify ! o amount and nature of the indebtedness, fully and ex plicitly, as great particularity is necessary;) ana oat he the said E. F., is about to depart this str-.e, (or, has departed from this state,” as the case may be,) with the" intention of having his effects, and personal estate removed without the limits of the said state c*A Illinois, (or stands in defiance of an officer authorised to arrest him, on civil process, for the same debt, so that the ordinary process of law cannot oe served on him* in which case the creditor should mention the name and description of the officer, the nature of the process, amount, and nature of the demand, &o.)

Subscribed, and sworn to, &c.

G. H. Clerk Circuit Court .

2. Form of the affidavit of the creditor, his agent, or attorney , in cases of foreign attachment.

set.

State of Illinois,

County of , j ,

This day personally appeared before me, the under-

signed, clerk of the circuit court, in, and for the county and state aforesaid, A. B. (or,C. D. agent, or attorney, as

forms of the

34'

the case may be,) of the county of , and state of

JUS iy indebted to him the said A. B.in thewmV*

sdtateThiaWfUl 7°ne! °f ‘he Ul’ited Slates’ for (here state tne amount and nature of the indebtedness h

f eat Particularity ;) that the said £. F. is not a resi-

ent of this state, but resides in the said county of

and state of , and that he the said A B verS be’

frornetheasaidE r° C°UcCt his said dabt, so due

in the said state of “ “ “of territory' t bej where the said E. F. resides.* " ce may ‘vomto, &c. '

G. H., C/er/c circuit court .

3. Form of the writ of attachment. (See revised code of 1827

p. G9, sec. 8.) 5

vState of iflnois, )

The people of the State of Illinois,

Whereas A fi rif °f county, greeting:

. ereas, A. B. (or C. D. agent, or attorney of A

of 33 hathCeo ay|bC,) °f the C°Unty 0f aud ate

H clori of!i P mned °n oath (°r affirmation) to G. I/., clerk of the circuit court of county, that E. F

pariedMssf t’Vafe0ftheC0Unty’ where he has de-

n etrance of a civil officer authorised to arrest him

witn civil process, so that the ordinary process of law

cannot be served upon him, or is aboutte depart th

statewith intention to have his effects and personal es-

$ircuit court.

S3

fate removed without the limits of the same, or has left the state with the intention of having his etfectsand personal estate removed therefrom, as the case may be, and according to the affidavit;) and the said A. B. having given bond and security according to the act in such cases made and provided:

We, therefore, command you, that you attach so much of the estate, real, or personal, of the said E. F. to he found in your county, as shall be of value suffi cient to satisfy the said debt and costs, according to the said complaint: and such estate so attached in your hands to secure, or so to provide, that the same may he liable to further proceedings thereupon, according to law, at a circuit court to be holden at , for the county of ,on the day of next; so as to compel the said E. F. to appear and answer the com plaint of the said A. B. ; and that you also summon J. K. as garnishee, to be and appear before the said court, on the said day of next; then and there to an swer what may be objected against him; when and wrhere you shall make known to the said court, bow vou have executed this writ. And have you then and there this writ. '

fL. L.] Witness the Hon. L. M. judge, &c.

Teste, G. H. Clerk circuit court .

4. Form of the attachment bond. (See revised code of 1827,,

p. 70, sec. 8.)

Know all men, <Slc. (double the sum for which com plaint is made.)

The condition of this obligation is such, that where as, the above bounden A. B. hath, on the day of the date hereof, prayed an attachment at the suit of him the said A. B. against the estate of the above nam ed E. F. for the sum of dollars, lawful money of

*When no person is named by the creditor, as being indebt ed to, or having effects in his possession belonging to the debtor, that part of the writ which relates to the garnishee, should he omitted. Writs of attachment may issue to gny ponnty in the state. (See revised code of 1829, p. 8:

forms of the

the United States; and the same being about to be sued out, returnable on the day of next, to the term of the circuit court, then and there to be hol- den, in, and for the said county of . Now, if the A. U. -shall prosecute his said suit with effect, or m case of failure therein, shall well and truly pav and satisfy the said E, F all such costs in said'sffih and suen damages as shall be awarded against the said A. b., ms neirs, executors, or administrators, in such suit’ or suits, w.iich may hereafter be brought for wrongful* ly suing out the said attachment, then the above obli- gation, &c. , A, B. [L. S.j

rp . . R. 8. [L. S.J

I a ken, nn.1 entered into, before me,

it my ofiice in , this day of 9

As

D.

Of

I este, G. H. Clerk circuit court

‘. Form of a furthcoming bond, to be given to the sheriff by tne defendant, wheu he is desirous of remaining in posses sion o, tae property levied upon by the attachment. (See* revised code of 1827, p. 70, sec, 9.) 1

Know all men, &c. unto J. K. sheriff of the county 1 state aforesaid, and ids successors in office

. (double the value of the property.)

I he condition of t tie above obligation is such, that whereas, on the day of , A. D. , a writ of attachment issued out of the clerk’s office of the cir- cuit court, in, and for the county of , and state of

i £atJh* Suit of and against the estate of the sau! b. K for the sum of dollars, lawful money of the United States, directed to the said J. K. sheriff as aforesaid, to execute; which said writ of attachment came to the hands of the said sheriff on the day of , A. D. , and was afterwards, to wit, on the day of , A. D. , levied by him on the following described property, of him the said E. F., to wit; (here describe the property levied upon,) and. the said E. F. being desirous of remaining in possession of the same; and having tendered R. S. as his security for the forth’

Circuit Court.

coming thereof to answer such judgment as may be rendered against him in favor of the said A. B. m this behalf; which said security is approved of by the sher iff; Now, if the said estate and property shall be forth coming by the said E. F., to answer such judgment as the said court may render against him, in favor of the said A. B., in the said suit, then the above obl.ga-

kip it]

Taken and entered into, &c.

6. Form of the replevy bond, to be given to the sheriff, by f he defendant, on serving the writ of attachment, and uefore the return day thereof. (See revised code qf 1827, p. 70, sec. 10.)

Kno v all men, &c. (double the value of the proper ty attached.)

The condition of the above obligation is such, that

whereas, on the day of , A. . D. , a writ of attachment issued out of the clerk s office of the cir cuit court, in, and lor the county of and state of , at the suit of A. B. and against the estate of the said E. F., for the sum of dollars, lawful money of the United States, directed to the said J. K., sheriff of the county of , to execute; which said writ of at tachment came to the hands of the said shei iff on the day of , A. D. , and was afterwards, to wit, on the day of ' , of the year last aforesaid,

by the said sheriff; levied on, (here describe the prop erty levied upon particularly ;) and the said E. F. being desirous to replevy the said goods and chattels: (or whatever is levied upon) and having tendered the said T. W. as his security, who is approved of by the said sheriff: Now, if the said E. F. shall personally he and appear before the judge of the circuit court of the said county of , on the first day of the next term thereof, to be hoi den at the court house in , on the day of next, it being the day on which the said writ is returnable, and shall further abide by, and perform D

- Otj

FORMS of the

such order and judgment, as the said court shall make Jn the premises; (hen the above obligation, &e.

E. F. [L. S.]

,r , . , . T. W. [L. S.1

i a ken, and entered into, &,c.

J. K. Sheriff county , Illinois .

7‘ °f the n0tiCf to the defedant, to be published by the of 1827,'p? 72,Ssec! is.f hC aUachment- (See revised code

State of Illinois,) circuit court,

bounty of ,J To.the term, A. D.

A. 13. )

vs. On Attachment.

E. F. )

Public notice is hereby given to the said E. , 0f the county of and state of , that a writ of at- taenment issued out of the clerk’s office of the circuit court, in, and for the county of and state of Illinois dated the day of , A. D. , at the suit of a!

, of the COUnty of , and state of , and against the estate of the said' E. F., for the sum of dollars directed to J. K., sherifToi the said county of (q execute; which said writ has been returned by the said sheriff, as levied upon the following described property, to wit, (here mention the property levied up- pon:) Now, unless you the said E. F. shall personally be and appear before the judge of the said circuit court, on the first day of the next term thereof, to be h olden at the court house in , on the Monday in the month of next, give special bail and plead to tne said plaintiff’s action, judgment will be entered against you, in favor of the said A. B., and the said es tate so attached as aforesaid, will be sold to satisfy the same, with costs.

G. H. Clerk Cir&it Court .

une , A. D.

Circuit court.

k Vorm of an order for the publication of notrcfe to the uc- fondant, in oases of foreign attachment. (&ec revised code of 1327, p. 72, sec. 12.)

State of Illinois, sct county and circuit,

A. B. )

V F

term, A.

Ys.

yo. Foreign Attachment.

This day came the. plaintiff by E. F., his attorney, and it appearing to the satisfaction of the cour ., .tha. the defendant C. D. is not an inhabitant of this state, and he having failed to enteritis appearance herein, and give special bail, according to law and the rales of said court: It is therefore ordered oy the smd..ou.t, that the said defendant be notified, that a writ ot ior- eign attachment has issued out of the said cucuit ecu t, at the suit of the said A. B., against his estate, for the sumof dollars; and that unless he appear, give pecial bail, and plead to the said suit in attachment on, or before the lirst day of the next term of the sate court, to be holden at the court house in , on live Monday, in the month of next, judgment will he entered against him by default, and the estate at tached will be directed to be sold according to lav,, .or the satisfaction thereof, together with the costs o said suit- and it is further ordered, tnat a copy of this or- der be published in the , a public newspaper, printed in the town of , in said state, for wee s (the number of times fixed by the court,) successively, the first insertion whereof, to be made within 3“

from the date hereof; and this cause be continued until

the a'd next term ot this court.

' A COpy— Teste, G. H. Glerk circuit court.

50 Rms Of The

claimed hy ’(See' " P,roPf' aUfchea

70, see. 19.) P ‘ (fece revised code of 1827, p.

A. B, )

/ On Attachment.

O D hv r tt h’ *errn> A. D.

(ho 1:' 1 ; h,ISt0rne>’’ C0l7>es, and as well at F , ' 1 oP 1 e sald A- B- as at the suit of the said £.

? dePentJs the wrong, and injury, when, &c. and for interpleader saith, that on the day of A 1)

, a writ of attachment issued from the clerk’s office" of the circuit court, in, and for the county of and state of Illinois, at the suit of the said A. B and atmi„cf Uie estate of the said E. F., directed hffie sheriff

on 'the C°da/’o7 sheriff did,

goods and chattels, to wit, (here descVibthcoperTv ) and tor .he goods and chattels of the said F

And the said C. D in firt m ± -,i 1 Lj' 1

c. In Iact saith, ihat neither at the

time of issuing, nor ot levying the said writ ofattach- meiu, in manner and form aforesaid, were the said goods and chattels, or any part thereof, the property of t sau.r„ P.; but on the contrary, the same and eve-

4PsaId CC1D toVCret iC,r°Per S00is and Chattels of

i.ie saicl U I)., to wit, at the county and circuit afore sanJ; and this he is ready to verify. Wherefore he the said C. D. prays judgment whether (he court will ant judgment, and award execution, directing a sale of the said goods and chattels, as the property of the said E. F., to satisfy the said A. B. of his debt and colt* in the said attachment mentioned. "

G. FI. Atly. for C. D,

10. Replication to the above pleo.

A. B. )

vs. s On Attachment.

E. F. )

And the said A. B. saith, that he, by reason of any mg the said C, D, above in interpleading alleg-

Circuit Court.

r>d, ought not to bo precluded from having judgment and execution thereon, directing a sale of the goods and chattels, in the plea of the said C. D. mentioned be cause he saith, that at the time of issuing, and o J ing the said writ of attachment, t. e sai g chattels, and every part thereof, weie , P P goods and chattels of the said E. F., and not of the said

(See revised code of 1827, p. 73, sec. Is.)

State of Illinois, ) sct<

County of he people of the State of Illinois,

To the sheriff of county, greeting: Whereas, a certain writ of attachment, dated the day of , A. D. , issued out of the clerk s office of the circuit court of said county, at the suit of A. ., and against the estate of E. F., for the sum of dol lars, directed to the sheriff of the said county, and which said writ of attachment has been returned the said sheriff, into the said circuit court; by wmc.i u appears, that C. D., of the said county, was summoned by the said sheriff as a garnishee, to appear before tne judge of the said circuit court, on the first day of toe ' term of said court, which was holden at the court

house in , on the Monday, in the month of ,

last past, to answer whatever should then and toere dc objected against him as such garnishee; and judgment having been entered in favor of the said A. b., and against the said E. F., in the said suit, for the sum o.

dollars; and the said garnishee having failed to appear at the said court, on the day to which he was summoned as aforesaid, to discover on hisoa a, ant an swer touching the lands, tenements. go?v c>,a .e s, moneys, credits and effects ot the said E. 1 .

value thereof, in his possession, acconung " whereby a conditional judgment has been entercc

T) 9

forms Of THE

Sd "uof thC -art, for the

commanded to summon the said C. of to be’and'up’ hr t'dav ofe('nejUdSe °f the said circuit court,' oj 'the

srs

Kfte;th; Hon-. L- M- judge, &c.

Care, Lx. Jrl. G/er£ * cowr/.

6. i)Vnt. (See revised code of 1327,y>. 82.)

3' For,n of the affid\rj XVS", a r fendant t0

Daib id a civil action.

State of Illinois,

County of

ed dorhof th7S°nallrPPeared before the undersign- e cl, clerk ot the circuit court, m, and for the county and

“‘ ° ChoTs'ni A'S’ °f the C°Untj °f a,ld sta,e Of

w l.o is about to commence a suit ae-ainst C 11 a-I made oath, that the said C. D. wf 'indeK-

d e UnUod" sff SUmr °{n d°llarS curr‘ent monev o f ne Um tcd States, for (here state the nature of '(he

-JelU, or damages i particularly ;) arid that the said debt

I ainages,) or toe benefit of whatever judgment mav

ae obtained hj> the said A. B. against the said C D in

the said circuit court, will be in danger of being lost

Sworn to, and. subscribed, &c.

1 C:' : H., Clerk circuit court .

*The above affidavit may also be made by any credible ner

may be duly authorised to administer an oath. det’ " ',0

Circuit Court*

S. Form of a bail bond, to be taken by the sheriff l eases of special bail in civil actions, (bee revised code ot 1827, p.

83, sec. 2.)

Know all men, &c. A. B. and C. D. are held &c. unto E. F., sheriif of said county, and his successors in ol- fice &c. (double the sum for which bail is required.)

The condition of this obligation is such, that where as G. H. has lately sued out of the circuit court ot the county of , a certain writ o i capias ad respondendum, m a certain plea of , against the above bound A. B., returnable to the next term ol the said circuit corn., to beholden at the courthouse in , on the Monday in the month of next: Now, n the said A. B. shad be and appear at the said court, to be holden at the court house in , on the said Monday in the month of next; and in case the said G. shall not be received, as bail in the said action, shal put in good and sufficient bail, which shall be received by the plaintiff, or shall be adjudged sufficient by the court; or the said C. D. being accepted as bail, snail pay anc satisfy the costs and condemnation money, which may be rendered against him the said A. B., in tne p ea aforesaid; or surrender the body of the said A. b. in execution, in case he the said A. B. shall not pay and satisfy the said costs and condemnation money, or sur render himself in execution, when by law such surren der is required; then this obligation, &c.

A. B. (L. b.J

C. D. [L. S.]

Taken and entered into, <Slc.

E. F. Sheriff county .

3. Form of the bail bond to be taken by the sheriff, in crimin al cases. (See revised code ot 1827, p. 159, sec. loo.)

Know all men, &c. are held, &o. unto the people of the state of Illinois, &c. (the sum fixed by the court,

and endorsed on the capias.)

The condition of the above obligation is sue that it the above bounden shall personally be and up-

forms of the

pear before the judge of the circuit court, in, and for

tne county °( and state of Illinois, on the first day

..e next term thereof, to he holden at the court house

n thc ( Monday in the month of next,

ee. nrof T ansTer '° an indictment which has o prefered against him by the grand jury of the

siateoTi! 7 f ’ at ,‘he soit of the said people of the l 7S’fo!’ aa<? concero>ng the crime of (here

thhout V H ,e SmdrC“Urt; and shail not depart thence, aance, &c 6 °f “le Sau! court’ the,i tUs recogni-

I certify, that this recognizance was taken by, and entered into before me, this t day of A, D. .

(j. la, sheriff eounty , III,

A. B. [L. S.] C. D. [L. S.] E. F. [L. S.]

4. Form of the recognizance of special bail, in civil cases.

set.

circuit court, term, A. D.

Strife of Illinois,

County of . i

A. A , vs, V In Case.

C. D. )

Be it remembered, that on the day of A. D

sittin’" ry ifTS in ,°£e" C0U/‘’ the conft'ju'diciallv

cf f toVnVD’- F‘ and the c°unty of and state of Illinois, and severally acknowledged themselves

to owe and be indebted to A. B., also of the said coun ty and state; the said C. D., in the sum of dollars- and the said E. F. and G. H., in the sum of dollars each ; to be levied of their respective goods and chat tels, lands mid tenements, for the use of the said A. B. yet upon this condition: that if the said C. D. shall 5Poffl ° be,cc(ed> in the plea aforesaid, at the

th™ o' B*’.,n the said ‘',on of trespass on

he case, (or as the action is,) and shall thereupon well

Circuit Court,

and truly pay and satisfy the said A. B. of all such dam ages, costs and charges, (or if the cost he m deb , say

as well the said debt, as all such damages, costs and charges”) as shall be adjudged to him in the plea afore- said, or surrender himself in execution, when l\y l such surrender is required; then this recognizance, &c.

5. Form of a bail piece.

State of Illinois, ) gc

vie ) J circuit court,

n i nf 4 SCl* term, A. D.

C. t>. of the county of and state of Illinois, is de

livered to bail upon the taking of his body, on the iav nf D. , toE. F. and G. H., also ot tuc

said county, at the suit of A. B., in a plea of trespass on the case: (or as the action may be,) the defendant, in the sum of dollars; and each ol the bad in

dollars.

fL. S.l In testimony whereof, &c.

L J L. M. Clerk circuit court .

6. Form of the recognizance of bail in criminal cases, v/hen the same is taken in open couit, .

This day personally appeared in open court, the court judicially sitting, A. B., C. D. and L. F ., of t. county of and state of Illinois, and severally ac knowledged themselves to owe and be indebted o re people of the state of Illinois, that is to say: the said A. B„ in the sum of dollars; and he said C. D. and E. F., in the sum of dollars each, cm rent mon cy of the United States, to he levied of their respec tive goods and chattels, lands and tenements, for b e use of the people aforesaid; yet upon this condition, that if the said A. B. shall make default in the per form- ance of the condition underwritten.

The condition of this recognizance is such, that the above honnden A. B. shall personally an near before the judge of the circuit court, in, and foi

the county and state aforesaid, on tnelirs' ay o c

next term thereof, to be holden at the courthouse in , on the Monday in the month ot next,

forms of the

of m,and t!lfCre t0 answer t0 the said PeoP,e of the state f II I ,oi, for, and concerning the crime of (here re- cite t.ie nature of the offence,) with which the said A. o. SLdods caarged before the said circuit court, as by a certain hiil of indictment preferred against him. by the grai.d jury cf the said county, in that behalf appears and shah, a.so then and there do and receive Whitehall’ by toe said court, be ordered and adjudged in the premises, and shall not depart thence without the leave ' 1 sa‘a court; then this recognizance to be void, &c.

' *f°™ °/ the recognizance, to replevy the fine and costs im7p T64,nsec“l8r.)iminal Ca-56- (SCe rCTised code of

Pers°naily appeared in open court, the court t o r £rr!,ng’ A- B‘ a:id P. D., of the county of and 01 ,H10‘sdtlle security to be a freeholder.) i i , . 7 edged themselves to be jointly and severaj- indehted to the people of the slate of Illinois, in the

r_„. , . , dollars, (the amount of the fine and

cos.s,) lawful money of the United States, to he levi- :a ta.eir respective goods and chattels, lands and tenements, and for the use of the said people, and such persons asshall be entitled thereto rendered; vet upon this condition: if the said A. B. shall make default"

L j . - condition underwritten.

, ]e condition ot this recognizance is such., that

e,.*1 |'7aS’ tef7‘d ilas been convicted at the pres- ; j'n? °£ of the crime of , (bere’des-

fine a*a?n°sf l"Cft,)/°r7hich the said court has assessed a fine against him, for the sum of dollars, and the

/ Probation, which amount to (he further sum

dollars, making together the sum of , as an-

pears by the judgment of the court in that behalf re n-

dereu; and (he said A. B. being desirous of replevy.

same wording to law, tendered the said C. I)

of vr“n,Vhetf!?’ Wh° is arf'eP!f,d ar-.d approved ' ! r 4i °Ur ’ ,,lld *ne Sal(l A. B. thereupon discharg ed from the custody of (he sheriff: Now, if the said A,

Cjrguit Court.

B. shall well and truly pay, or cause to be paid, the amount of the said fine and costs, to the persons there to entitled, or authorised by law to receive the same, within five months, from the date hereof, then the above recognizance to be void, &c.

9. Form of the scire facias against bail in criminal cases.

State of Illinois, )

County of ,

The people of the State of Illinois,

To the sheriff of county, greeting:

Whereas, A. B., C. D. and E. F., of the county and state aforesaid, on the day of , in the year of our Lord, one thousaud, eight hundred and , came Cine) the circuit court of said county, before the judge thereof, in their proper persons, and acknow ledged themselves severally to owe, and be indebted to the people of the state of Illinois; the said A. B. as priucb ‘ pal, in the sum of dollars, and (he said C. D. and E. F.vas hail, in the sum of dollars each, current mon ey of the United States, to be levied of their respec tive goods and chattels, lands and tenements, for the use of the people aforesaid; provided the said A. B., against. whom an indictment had been preferred in the said circuit court, for, and concerning the crime of (lie re recite the offence,) should fail to appear before the judge of the said court, on the first day of the next term thereof, to be holden at the court house in , on the Monday in the month of , A. D. , to answer to the said charge; and the said A. B. hav ing failed to appear at the said term, of the said circuit court, to answer to the said charge, as we by the sug gestion of the people aforesaid, by their state’s attorney have understood : We, therefore, command you to sum mon the said C. D. and E. F., if to be found in your county, to be and appear before the judge of our said circuit court, on the first day of the next term thereof, to be holden at the court house in , on the Monday in the month of next, to show cause, if any

FORMS OF rfi.lL

they can, why the said people of the state of Illinois, ought not to have execution against them severally, for the said several sums of mo. ey, for which they are re spectively bound, according to the force, form a, d ef fect of their said recognizance; and further to do and receive whatever our aid court shall then and there consider and adjudge agai st them, in that behalf. Hereof make return as the law directs, and have you then and there this writ.

[L. S. ] Witness the Hon. T. W. S. judge, &c.

Teste, G. H. Clerk

10. Form of an exhonoratur in the circuit court.

Ordered, that C. D. and E. F. be discharged and ex- honofated from all damage and liability, o j account of their undertaking as bail for A. B., at the suit oi'G.H., in a certain bond of recognizance, dated the day of A. D. , the said (here state the particular rea sons for the discharge.)

7. Chancery . ( See revised code of 1827,y>. 88.)

1. Form of a summons or subpoena in chancery. (See revised

code of 1827, p. 88, sec. 3.)

State of Illinois, ) ,

County of . Sct

The people of the state of Illinois,

, To the sheriff of said county, greeting:

We command you to summon C. D.,if to be found in your county, personally to be and appear before the judge of our circuit court, to be holden, in, and for the said county and state, at the court house in , on the Monday in the month of next, to answer the matters and things contained in a certain bill in chan cery, exhibited against him, by A. B., our said court, on the chancery side thereof; and further to do and re ceive whatever the said court may then and there con-

CiiReUIT COURT.

aider in this behalf. And this he shall in nowise omit; and have you then and there this writ.

[L. S.l VVitness the Hon. T. C. B. judge, &c.

2. Form of the affidavit of the non-residence of a defendant* (Bee Revised code of 1827, p. 89, Sec. 5.)

State of Illinois,

county and circuit

term, A. D.

A. B. )

vs. In Chancery.

C. D. )

A. B. (or any credible witness,) of the county of and state of Illinois, being first duly sworn according to law, deposes and says, that C. D. the defendant in the said suit in chancery, resides without the limits of the said state, (or, hath gone out of the said state, or cannot on due enquiry be found, or doth conceal himself there in,) so that process of the law cannot be served upon him, in the said suit. And further the said deponant saith not.

Subscribed, and sworn to,&x.

Teste, G. H. Clerk .

3. Form of the order for the publication of notice to non-resi dent defendants. (See revised code of 1827, p. 89, sec. 5.)

State of Illinois, ) .

term, A. D.

county and circuit,

vs. In Chancery.

This day came the complainant by E. F. bis solicitor, and it appearing to the satisfaction of the court, by the affidavit of G. H. that the defendant C. D. is not an in habitant of this state; and be having failed to enter his appearance herein agreeably to law and the rules of this court: It is therefore ordered, on the motion of the said complainant, that unless the said defendant shall personally be and appear before the judge of the sai*i

E

FORMS of TH£

oU

set.

circuit court, on, or before the first day of the next term thereof, to be holden at the court l.ouL In “on ie Monday in the month of next to answer the allegations find charges contained in the said comph-Iin- . nt s bill, winch has been exhibited against him in the said court, on the chancery side thereof; the same will jc taken as confessed against him, and the matters Jereof decreed accordingly; audit is further ordered Uiat a copy of this order be published in the a

pubhc newspaper printed in thetownof .insa’id

*7'?’ f?,r fo"r"'?eks successively, once at leas' in curve rveek; the first insertion whereof to be made within

'7 c 'as from the date hereof; and that this cause be continued until (he said next term of this court.

J c0‘' Teste, G. H .Clerk circuit court.

4' TLe f°rm °f ' ecree or bill, answer and depositions. (See 1 Harrison s Chancery, p. 439,440.) 1

State of Illinois,

county and circuit, i

vs. In Chancery,

C. D. )

This cause coming on yesterday, as also on this present day, to be heard and debated before the Hon. N- Judge- of the said circuit court, by E. F of counsel for the complainant, and G. H. of counsel ' for t e defendant, on the bill, answer and depositions filed and exhibited in the said cause; the substance of the complainant s hill appeared to be (here recite the sub stance of the bill briefly.) And to be relieved in the premises is the scope of the complainant’s hill. Where to lue defendant by his council alleged. that he by an swer admits, &c. (here set forth the material parts of the answer.) W hereupon, upon the reading of the said

, 1 ' a'!*.wf,r a,,d the depositions t; a.-d exhibit ed asproofs in this cause, and upon del ; ft- e.ai-

te- s by counsel on both sides as aftT-sid t.h, said court is of opi- ion, and doth order, adjudge : d decree that

&c. (nere insert the decretal part of the order whieh concludes the form.)

term, A. D.

Circuit Court.

Porn of an order to a defendant to prepare a decree. 1 Harrison’s Chancery, p. 446.)

(See

State of Illinois, ) gc

County of , . „ .

The people of the State of Illinois,

To C. D., of the county of and stale of Illinois, greeting:

Whereas, by a certain final decree, lately made in the circuit court of the said county of , on the chan cery side thereof, in a certain cause therein lately de pending, wherein A. B. was complainant, and you the said C. O. defendant, it was ordered and decreed, that you the said defendant, do pay to the said complainant, the sum of dollars, (or as the decree is,) as by the said decree duly made and filed, and remaining as o.i record in our said court, doth and may more fully ap pear: We, therefore, strictly enjoin and command you the said C. D., that you do immediately pay, or cause to be paid unto the said complainant, the said sum ot dollars, according to the tenor and legal effect ot the said decree: and hereof fail not at your peril.

fL. S. ] Witness the Hon. T. W . S. judge, &c.

L J Teste G. H. Clerk .

To the sheriff of said county to execute.

6. Form of a writ of attachment against a person for disobey ing a decree. (See revised code ot 1827, p. 94, sec. 31

State of Illinois, ,

County of . 5 “c ‘ M11, .

The people of the state of Illinois,

To the sheriff of said county, greeting: Whereas, by a certain final decree lately made by the circuit court of the said county of , on the chancery side thereof, in a certain cause therein lately depending, wherein A. B. was complainant, and C. D. defendant, it was ordered and decreed, that the said C. D. should pay to the said A. B. the sum of dol lars. (or as the decree is,) within days from life

<Egrms Of The

date of said decree, as by the said decree duly made and entered of record in the said court, doth, and mav ir.ore ,u! y appear; and the said C. D. having failed to obey and perform the said decree, according to the tenor and legal effect thereof, although he haseen le! ga-0 rin|red so to do, as appears by the suggestion of h.e said A. B. in that behalf: We, therefore, command you to attach the said C. D., if he shall be found your county and him safely keep, so that you may have fee before the judge of our said circuit court, on

dr,s' da-yof the next term thereof, to be holder: at the cou rt house , n , on the Monday in the month of

,, , nefixt’ 1° show cause, if any he can, why he should not be fined and imprisoned for disobeying the said decree, according to (he statute in that casemadeand provided. Hereof make return as the law directs

and have you then and there this writ. 1

[L. S.] W itness the Hon. L. M. judge. &c

Teste, G. H. Clerk.

7. Process of sequestration* (See revised code of 1827 „ ssa

sec. 5.) ,p‘

State of lilinois,

County of

set.

The people of the State of Illinois,

lo the sheriff (or to the sequestrators, as the case may be,) of the said county, and state, greeting:

Whereas, by a certain decree, lately made in the ireuit court of said county, on the chancery side there-

T !° process of sequestration, is a writ or eommisson sometimes directed to the sheriff, but more usually to four or more commissioners of the complainant’s own nomination a,, ihorising them to enter upon the real and personal estate of the defendant, and take the rents, issues and profits into their hands, and keep possession of, or pay over the same as the court shall order and direct, until the party who is in con tempt shall do that which he is enjoined to do, and is social" ly mentioned in the writ. (See 1 Harrises Chancery, f

Circuit Court.

d'6

of in a certain cause therein lately depending, where- in A. B. was complainant, and C. D. defendant; ,t was ordered and decreed, that the said C. D. shou dd W to the said A. B. the sum of dollars, (or as

crec is,) within days from the date of sard decide,

as by the said decree duly made and entered of record in said court, doth and may more fully appeal , . . the said C. D. having failed to obey and e said decree, according to the tenor and le„al e - - thereof, as appears by the suggestion of Ae said A. B. in that behalf; and whereas, the saul C. D. is no . resident of this state, (or hath gone out of this state, 01 cannot on due enquiry he found, or doth conceal him self,) so that process of attachment cannot be served upon him for his contempt, as by the return of the said sheriff appears: We, therefore, command )OU, hint yo do, at certain proper and convenient days and hours -m to. and enter upon all the lands, tenements and re al estate whatsoever, of the said C. D. in your county, and to take, collect, receive and sequester into youi hands, not only all the rents and profits of the said lands, tenements and real estate, hut also all his goods, cnat- tels and personal estate whatsoever, and keep the same under sequestration, until the said C.D. shall obey and perform the said decree, and clear his contempts neie- in or our said court shall make other order to the con trary and make due report from time to time to our said" court, in what manner you execute this commis-

rr s/1 Witness the Hon. L. M. judge, &c.

1 J Teste, G . H. Clerk.

8. Of the Clerk of the Circuit Court,

1. Form of the oath to be taken before he enter! i upon the du-

ties of bis office. (See revised code of 1829, 44, sec -

Strife of Illinois, ) gc

1 4 B., Being appointed clerk of the circuit couit- for 1 county, in the state of Illinois, do solemnly E 2

Korms Of Th£

judgments and proceeding ?>V ft b! orders> decrees, I will faithfully1 and ilt al ; C°Urt5 aDd tbat all the duties of mv said nffi dlsCj.al Se and perform my abilities and Li according to the best of

help me God. “Dderstandlng according to law. So

Subscribed, and sworn to, &c,

C-. U' Justlce Peace, county.

J2. Form of the clerk’s bond i

bond. (See revised code of 1829, p. 44, sec. 24.) ’ F

Know ali men &c. are held and firmly bound unto state aforesaid: Nonfcjf |lc county and

and shall deliver unthemn1 COart’ atcordlRg to law;

thereJ°’

ceu, non Jawiully required so to do, then, &c.

A. B. [L. S.]

Approved, June a T)

S. D. L. judge of fer. judicial) circuit, state of Illinois. t

C. D. [L. S.] E. F. [L. S.]

bo filed. (See revised code’ of im, 'nired to

Circuit Court.

9. Costs.

Form of a bond for costs in the circuit court. (See revised code of 1827, p. 102, sec. 1.)

In Debt, (or as the case is.)

Ido hereby enter myself security for costs in this cause, and acknowledge myself bound to pay, or cause to be paid, all costs which may accrue in this action, either to the opposite party, or to any oi the officers ol this court, in pursuance of the laws oi this state.

Dated at , this day of , A. D.

Approved, G. H. Clerk ciicuit court

2. Affidavit of a plaintiff, to be admitted to sue in ff™aPau peris, or as a poor person. (See revised code ol 1827, p,

103, sec. 2.)

State of Illinois, ) ,

County of -5 i ,

A. B., of the said county and state, makethoath, and

saith, that he is about to commence (or, has commen ced, as the case may be,) a suit against C. D., in the circuit court of said county, for (here describe the na ture of the case;) that he the said A. B. is a poor per son, and unable to prosecute his said suit, against the said C. D., and to pay the costs And expenses thereof; and that he is not worth dollars in the world, save and except his wearing apparel, and the matter in question in said cause; and prays that he may be per mitted to prosecute his said action in farma paupe ris, and have all writs, processes and proceedings there in, and such counsel assigned him by the said court, as may be necessary, to enable him to prosecute his said

FORMS of the

andhs:r°"dins 10 thc rt iu

Subscribed, and sworn to, fee.

.11. Cleric.

Kj' Order of the court thereon.

O W ! daj Personalir came into court, A. B., who is

tTesr,a0o0|T!fnCnCe /°r !‘aS commenced) an action of - fi ! 1 case (°r as tne action is.) against C D

,s coct, and made affidavit, that he if a poor'oer‘- son,a.id uaahle to prosecute his said suit an/pay the

Permuted6 to6"861 and ‘hereapon prayed to he

L ' farm* pauperis-, and the court be-

, 16 fac s set fort!l in the said affidavit,

to protcute hisre 6r,e ’r hatthe Sai<J A‘ B' Emitted , UL s sa:d action as a poor person acdordiivv

ihat'hetavTaTl nSssarT pr0Vided’ and

‘ F.e£nfasigened to?'*10"1 teeS 0f chargesfand toafE.'

s:/,.£ ss ;:sr:t t

. duties in tne said suit, without any fee or reward wha ever, except such costs as may be lea-ally taxed for Ins benefit or the other officers of the court in case judgment shall be entered for the plaintiff. ’

i 0. Continuances,

Jf*

t. Form of an affidavit for a continuance (See revised code - of 1827, p. 313, sec. 11.)

Mate of Illinois, J

county and circuit,*

A. B. Plaintiff,

P -n r i C resPass °n the case, fd- Idefendaat,)

c. D., the defendand in (he above cause, being first duly_sworn according to law, deposes, and say! that

cfifeinal, as’irifeases.116 >anatlon> Wl11 aswcr as well in

set.

term, A. D.

Circuit court.

off

E. F. is a material witness for him on the trial of the above suit: that he expects to prove by the said wit ness that (here state the facts expected to be proved;) and that he knows of no other witness by whom he can prove the same facts; that the said witness resides in county, in this state; that he caused a subpoena to be issued from the clerk’soffice of the said circuit court, on the day of , A. D. , and delivered to

the sheriff of the said county of , on the day

of A. D. , who has made bis return thereon* that the said E. F. was not to be found in his county, so that his evidence cannot be had at the present term of this court, although due diligence has been used to

obtain it; he expects, however, to be able to procure

his attendance by the next term. This affidavit is not made for the purpose of delay, but that justice may be

done.

Subscribed, and sworn to, &c.

Teste, G. H. Clerk.

11. Certiorari . (See revised code of 1 827, p. 269. sec. 36.) 1. Form of the writ of certiorcit i.

State of Illinois,) ct.

County of . of the state of Illinois,

To A. B., a justice of the peace, in,, and for the said county and state, greeting:

Whereas, it has been represented by the petition and affidavit of E. F., that in a certain suit latek de pending before you, wherein C. D. was plaintiL, d the said E. F. was defendant, and wherein judgment was rendered in favor of the said C. D., again-, the said E. F., that manifest injustice has been done to him the said E. F. in the rendition thereol as afore said; and-we being willing, for certain causes m tie - ,'anci fct forth, that the said judg-

“ t and things in controversy be

said petit ment, am

avccn the said C. D. and (ho said E. F. should he re- examined in he circuit court of said county, as in ca non / PralS-ir0m the judS<™ts of justices of the peace to the said court: Do hereby command and re quire you, that you do forthwith, without excuse or delay, certify to the said circuit court, a transcript of it -aid judgment, with the proceedings thereon and all things touching the same, by whatsoever names’ the parties aforesaid or any, or either of them, are, or is

thevnm"’ ' ,UllJand exactly, as in your custody Uiey now remain, under your proper hand and seal, to-

b 3ther wit!) this writ; that further thereof, the said cir- cu, court may do that which of right ought to be done. lL. S.] Witness the Hon. T. W. S. judge, &c.

-o the sheriff of said county to execute.

The justice of the peace to whom the writ is directed win endorse thereon as follows: erected will

°f thi rit aPPears in a schedule to tne same writ annexed/’

And will then annex to the writ, on a senary ' r

per, a schedule in the following form, viz: ? ; P pa=

State of Illinois, )

County of , j sc

IV I’ ahSUce-af ,the Peace? in, and for the coun ty and state aforesaid, by virtue of this writ to me di rected and delivered ; do hereby certify to the said ci red

court, a transcript of the saidjudgment and proceedings -ogetner with all things touching the same, as by the sam w?nt 1 am commanded and required.

testimony whereof, I have hereunto set mv hand ano seal, tins day of , .4. D.

A. B.J.P. [Seal.]

#

Circuit Court.

Form of the bond to be given by the applicant previous to

'the issuing of a writ of certiorari. (See revised code of

1827, p. 269, sec. 39.)

Know all men, &c.

The condition of the above obligation is such, that whereas, on the day ot , A. D. , beioic A.

B. . a justice of the peace, in, and for the county, and state aforesaid, a judgment was rendered in favor of the said C. D., and against him the said E. F., for the sum of dollars and cents, debt, (or damages,) and the further sum of dollars and . cents costs; and whereas, the said E. F. is about to take the said judg ment and proceedings, together with all things touch ing the same, into the circuit court of the said county, by virtue of a writ of certiorari, in that behalf to be is sued on petition and affidavit: Now, if the said E. F, shall well and truly pay, or cause to be paid, to the said

C. D., the said debt and costs, in case the judgment of the said justice shall be affirmed on the trial of the said case, in the said circuit court, then, &c.

/n r t r V 'I

G. H. [L. S.] J. K. [L. S.J

Taken and acknowledged, &c.

A. F. Clerk Circuit Court.

3 Form of a writ of certiorari 9 when a part of tbe papers only are sent up, in case of appeals and writs of certiorari, where an order on the justice for that purpose is prayed for.

State of Illinois,) ,

County of , S

The people of the state of Illinois,

To A. B. a justice of the peace, in, and for the county and state aforesaid, greet ing:

O

Whereas, it has been represented by C. D.. of coun

sel for E. F., in the case of G. H. against the said E. F lately depending before you, and which has been brought, into the circuit court of the said county, by ap peal, (or the writ of certiorari,) that all the papers

F$ RMS OF jllE

Go

thereunto appertaining have not been sent up to the said court, as by law directed; and, forasmuch as the judge of the said circuit court is not satisfied that all the papers appertaining to the said suit have been sent, out that there still remains with you a part of said pa- f/ 's’ winch are material to the parties on the trial of the said suit, in the said circuit court: You are, there fore, Hereby commanded, that you do forthwith, with out excuse or delay, transmit to the said circuit court, now sitting in , all of said papers as the same re main in yourcustody, without addition or diminution; to the end, that speed y justice may be done in the prem ises, according to law; whereof you are in no wise to tail under the penalty of what the law directs; and send you a so this writ. Teste, L. M. Clerk.

l r f-] W 'tness the Hon. T. VV. S. judge, &c.

1 o the sheriff of said county to execute.

12. Damages .

1. Form of the assessment of damages by the clerk, in cases oi judgment by default. (See revised code of 1827 p. 314

State of Illinois, ]

county and circuit,

A. B. plaintiff,

„vs- j r j C In judgment by default, in as- C. D. defendant.) sumpsit.

Having assessed the damages against the defendant in default, by computing the intereston the amount of the debt in the declaration mentioned, according to law and the order of the court herein; I do hereby re port the same as follows:

Amount of debt, <$100 00

Interest on same from the day of ,

A. D. , to the day of , A. D.

; being years, months, and days, at the rate of per cent, per annum, 15 O0

Amount of damages, g j j 5 qq

Teste, J. W. S. Clerk ,

set.

term, A. D.

Circuit Court*

13. Depositions.

.. Notice to take the deposition of a resident witness. (See revised code oi 1827 , p. 14, sec. 2.)

Mr. C. D. , „ ne

gm —Please to take notice, that, on the ciaj ot

next, between the hours of , in the morning, and in the evening of the same day, and to con tinue from day to day if necessary, at the house of f.. F in the county of and state of Illinois, 1 shall, by myself or attorney, proceed to take the deposition ot G. H., of said county, to be read as testimony in a cer tain suit in chancery, now pending and undetermine in the circuit court of county, in the state aforesaid, wherein I am complainant, and you are defendant: when and where you may attend, if you think proper,

and cross-examine the said witness.*

Yours, &c. A. b.

May , A. D.

2. Notice to be given the adverse party, previous to taking the deposition of anon-resident witness. (See revised code of

1827, p. 174, sec. 1.)

Mr. C. D.

Sir — Please to take notice, that, on the day of next, between the hours of in the morning, and in the evening of the same day, I will, by my self or attorney, attend at the clerk’s office of toe cir cuit court, in, and for the county of and state of Il linois, for the purpose of suing out a dedimus potestatem,

*The depositions of resident witnesses, may also be taken to be read in suits at law, on giving the like notice, when the witness resides in a different county from that in which the court is held, is about to depart out of the state, is confined m jail on legal process, or is unable to attend on account of ad vanced age, sickness or bodily infirmity, provided a satisfac tory affidavit is first filed in the circuit court, as to the truth of such facts. (See revised code of 1827, p. 174, sec. 2.)

F

Form 5 Of The

or commission, under the seal of the said court, direct- ' , justice of the peace, (judge or commisiion-

-i.-, ..ie case may be,) in and for the county of. and state ot , to take the deposition of E. F a craze.) ot the said last mentioned county and state, "on the annexed interrogatories, to be read as testimony on ie tr,a* a certain suit at common law, (or in chan eery,) now pending and undetermined In the said cir cuit court, wherein I am the plaintiff; and you are de fendant: when and where you may attend if you think proper, ana hie cross-interrogatories.*

nr Yours, &C. A. B.

May , A. D. .

3. Form of a dedimus potestatem, or commission. (See revis- cu coae of 1827, p. 171, sections I and 3.)

State of Illinois, ) county and circuit, scL

The people of the State of Illinois,

a jusce of the peace, (or C. D., E. h . and G. H.7 if commis sioners are appointed,) in and for the county of and state of .greeting: Know ye that we, in confidence of your prudence and fidelity, have appointed you, and r?y inesc presents do give unto you, full power and authority, and do hereby authorise and require you, that at 'a certain time and place, to be designated and appointed by you io r that purpose, you do cause the witnesses, whose names are mentioned in the caption of the enclosed in terrogatories, as well on the part of the said R. S.'plain- tdl. as on tne part of T. W. defendant, to come before you, and then and there, -diligently a id faithfully exam- me eacu of them apart, upon the said interrogatories, on tneir respective corporeal oaths first taken before you, both on the part of the said plated# ay d defendant, and a one others; and that you do take -uch Uieirexami-

A c ,'fi of the interrogatories should be annexed to this notice, when it is delivered.

Circuit Court.

o

Ut>

?“,£ '&z

ivUnesles terete, lie reduced to

S when you shall have so taken them, you shall cause the said witnesses to sign their names to the same,

in their proper places, in your presence; and there

upon you will annex at the foot thereof, acerhhca,

subscribed by yourself, in which you must state that, subscribed . , signed by the deponents, and

ihov were sworn to, ana sig -ca uj r ?

of 'the circuit court, in, and for the cou.ny 0 ‘ u

, t f Illinois with the names of the said parties I t

0 s.l Witness the Hon. L. M. judge, &c.

L J’ Teste, G. H., Clerk circuit conn,

4. Form -of a subpoena for witnesses to appear before “ jus tice Of the peace, cXof J327, p. pursuance of a commission, (ee u

176, sec. 5.)

State of ) sct.

County of of the state of Illinois,

To* A. B., C. D. and E. F ., greeting: wv r, a- T for “we,” if commissioners,) the under-.

Whereas, M.0i we, . i ihe of

isr- “rras S;

-±r s irm as

in, and for the county of aiul stare or

ifiofh,- u.0 Jia. a,aroct undor the

state, or under the seal of the proper co revised

county, or city, where the deposition is taken. (See

code of 1827, p. 175, sec. 3.

Forms Of The

™ VA rcc,ed’ for the examination of witnesses, in a cer- lai1' cause r‘°” pending, and undetermined in the aid circuit court, between G. H. plaintiff, and L. M. de-

OF and whereas, I am informed that you are ma-

*.Tr<? r!aintifl; (°r ddant.) .n The

‘If I; tllere'ore, by virtue of the said commis-

;‘°‘h eq u,re jrou, and each of you, personally to be and

rTr' thetseolR-T’int

tjte hour of o’clock, in the rJou of saiddaT ' oar!d (hel'e to be examined, and to testify the truth!

' !"e'ai'oti io lhe saitl matter in controversy! accordinsr

of Hi S y°Ur k'VT]tdf; °n the Pt and behalf r tne said . Hereof fail not, under the nenal

LG seah at ? this day of , a. D.

T. VV. J. p. [Sea’].]

5. Form of Interrogatories, to be administered to witnesses.

Interrogatories to be administered to A. B.. C. D ano L. 1 of the county of and State of wif*

1 .JcS’ bc. produced, sworn and examined, in 1 cer on, cause at common law, (or in chancery.) now „end

Question 1 Do you know the parties, plaintiff ard defendant in the title of these interrogate,.; J . 7

-hich of them, and K Known them respectively? - ->°4

[Here proceed with all the questions relative (o the maher in controversy, and conclude with the follow!

Question S. Do you know of any other mailer or thing, that may tend to the benefit and advantage of

*This subpoena may be served either bv an E Wh0 Sha11 ilave a C0W thereof with each cf the it

Circuit Court.

the plaintiff in this cause? If yes; declare the same as ,4 as if you had been thereunto particularly int-i-

rogated.

6. Form of a deposition, certified according to law.

The deposition of A. B., of the county of and date of P , a witness produced, sworn and examined before G . H., a justice of the peace, in, and lorge sa.

county and state, on the day of A- u- ’

the house of T. W.,in said county, in pursuance of a‘ commission, issued out of, and under the sea, of the circuit court, in, and for the county of and state

bearing date the day ot , A. u. ,

and to the said justice directed, to he read as evidence nn the tri -il of a certain suit at common law, (or - chlterydU v pending and undetermined in the said c rn. court, wherein L. M. is plaintiff, and R. S is de- on the part and behalf of the said plaintiff. The said A. B. being first duly sworn, -cording to aw, depose* and saith, in answer to the several imtr. tones enclosed in the said commission, oa the pan ot

the said plaintiff, as follows, viz. . nj

OuestiU 1. Do you know the parties, plaintiff and defendant, in the title of these interrogatories named, or either, of which of them, and how long have you

tiff and defendant: I have known the plaintiff, .m

about years, and the defendant about half that -me.

They Ire proposed and answered, and conclude as follows:

Question 8. Do you know any other matter or thing,

that may teed to the benefit, and advantage o. J plaintiff 'in this cause? If ves; declareUiesaineasmh ly, as if you had been thereunto particularly mterr.

2:ated.

° F 2

forms of the

Lh>

' Sidtedln answers to the preceding questions.

A. B.

I f lo hereby certify, that the above deposition of A B was sworn to, and signed by the deponent, Wore

was take , I ' |,re8etn.ee5 a,ld that the said deposition

was taken by me, on the day of .AO

Z hhT 0°f Vin [he Sfd of ‘ , -between

in the even L ofsaddav th5,!"ornin§> ar,d o’clock

seal, this day of f A. U',der hand and

G, H. J. P , county Hi. [L. S.l

14. Detinue

L Affidavit to be made by the nlainfifT h~e . .

Ca“ i5Sue- (See revised code, Pim, “Si”

State of Illinois, )

County of , j

is abouf\(frnie C°Un and of Illinois, who out to commence an action of detinue, against C

n‘ o the ST". °°T °f faid c°r, to-’ 'the relt

2 , § described property, to wit- ( here

saTtii1.1? theTf* PaftiCU,ar1 maketh oath and iop'V tae sa,d P™perty properly and of right be-

thaf thp> and -a the1ProPerty of him the said A. B that the true value thereof, is dollars- -m l

Subscribed, and sworn to, &c.

C/er/r Circuit Court.

2. Jt1 orm of a writ of capias in detinue.

State of Illinois,

County of . j sc!

The people of the state of Illinois,

-TT7 j° t:'e seriii of said county, greeting

We command you to take C. D., if he shall be found

m J°Ur ad ely kelp, so that you maj

Circuit Court.

b i

on the first day 01 u Monday in the

at the courthouse in >onU;e a

,1 r ni to answer the plea of A. 15., m a m0t.t-n°frti Ion of detinue, wherein lie complains that cei tan. unlawfully detains his property, to the

-ah m of do5a whUy he has sustained dam

fn tho value of dollars. And have you then

tvw manner you execute the same.

' ‘ [L. S.] Witness the Hon. L. get*.

[On which said writ the clerk should make the following endorsement, to wit:]

“The value of the property in the f Uhin menUo: n- i „ ncrordina to the affidavit ol tne platuU. ,

6 doUars- the sheriff will therefore demand bail of the defendant in double that sum. H a*ri.

v t i.hpri hv the sheriff, from the defendant, 3. Bail hood to be taken o i the . 18S7> p. 179,

on arresting his body. p-ee ievK

sec. 2.)

it Q,n „ntn A B. of the same county

fandsTac the sum endorsed on the capias,

sk- e&sst

forms of the

cSmaliS’ aith tbe sL"'tate in that

D. discharged from M, :d“dthe person of the said C. shall well ar d XL f W’if tlle C. D. to (he said 4 3 ?e,£er’ °r cause to be delivered,

in the said suit ?!, propert/us he shall recover

against the said C. D l? rendered

ages, as may be assetc ) b ?,so paT a,) sucb dam-

of said nropertv totfh a*a‘Vst1Wm for detention &c. 1 P t0Sether 'ith the costs of suit, then.

C. D. [L. S.]

<1.11. Sheriff- county. 111. ! [L. S.j

Dower .

“ cases oti-

1827, p. 183, sec.1.) doBcr- (See revised code of

State o t Illinois, )

County of £ Set.

i lie people of the State of Illinois,

We command Joa’to'sull T f fi

to be and" appear be/re the",—, C°"°‘*

iy, on the first of the nex term the" °/ jd C0U'"

menced, and holden at the court housin’ o 'T* Monday m the month " 11 ? 0{) the

complaint of A. B.. widow of L 'iT'] T?'er lhe county of deepen j r I . ate t,Je sid to assign and s etovn failed and refused er in the Jandf fl ’ ° t ie sa>d complainant, her dow- -id dee;i“ £™d hereditaments of the

our said court filed in lha j bSV her Pe!ition ia cause, if any they can Whl ? a appearsi a“d hew assigned to the said cc f- SUC1 dower should not be croflKu-saidnctl? mpi“>accordingtothepray- this writ' and 'make d" ,inv(: you then and there

S- 1 Hon. T. W. S. judne, &c.

Teste G. H, Clerk.

Circuit Court*

Circuit Court.

- Form of the notice to be published by the clerk when the deferidauts do not reside in the county tn winch >te pett- tion is filed. (See revised code of lo, ' 16 ' '

State of Illinois, t In the circuit court of said County of , SC" county, term, A. L. .

A. B. complainant, 1

C\b., E. F. and G. H., heirs Petition for the assign- and legal representatives of ment ol dower.

L.B., deceased, defendants. J

Public notice is hereby given to C. D., L. , . and U T4 the defendants in the above case, as heirs and e- ;.;i representatives of L. B.,!ate of the said county, de- cca -’d that A. B., the widow of the said deceased, has filed a petition in the said circuit court, in which she complains, that you have failed and refused, to as sign and set over to her, her lawful and reasonaMe dower in the lands, tenements and heredi said deceased, which are specified, and parucuU.ls described in her said petition; and whereof, by la-.., JheinsWs that she is dowable: You, and each of you are therefore hereby required, personally to be and

nniv ar before the said circuit court, on the t.iai d. y

cf the next term thereof, to be holden at t.ie court house in , on the Monday in the month of next to shew cause, if any you have, why such dower should not be assigned to the said compfainant, m, and by her said petition is prayed for. And t„is yo .

eh'i 11 in no wise omit.* . ,

slia 1 ' L. M. Clerk circuit court .

June ? A. D.

“Where the defendafa

bn,nPknowueheir3Xand legal representatives of L, B„ 4ecea*

cd, &c.’5

X:

forms of the

3' ft Won.„ appoint.

1827, p. 184, sec. 5 ) d°Wer- (See “Vised code of

her dower out of the h ,di ,n i7‘ 'V,dow of L- B-> the order of the court for' thatumose JS(?ibedin

according TS?tent "'itb intent oHhe estate God.”*' b ° ilc best 01 my judgment. So help me

rs0;; 'r?

of the lands rnTteZm fZTt’ berdower

order of the court and . .. u, escnhed in the said

-B-; do, in conformity with law nd'th/ °f- Sfd c°ur-, make the following report- That T .° of first duly sworn accordion ,n J r having bees

t0 aHot and set off, to” he tdd a"b ' m'partill!' the premises aforesaid ifth** her dower in

sis tent with the .ntejs of the"16 i°U,d be d°ne coa- wards, to wit, on Z ZZ ZZ We afto" Lord one thousand, eight hJndred and” the-Vear,of our the said lands and tenements w ‘ ,y , ,wentl,Pon If examined the eu-ditv d Zr havinS careful- bj the admeasur?Sihereo7Cweanned Z

bj metes and bounds Sam('>

tv, in the following manner to wk T th Z .llotted to her the homest

order, or some justice*"!)'? Wo ZZif'u e°"rt makinS the (See reviscd code of 1827, p. 184, sec 5 ) pr°per count.r-

itlRCfrlT COURT*

the said deceased, according lo her desire, whh tl.c fol- lowi'ic described tract, or parcel ot land thereto up pendant and adjoining, and bounded as follows ; ocan- Ling at (here describe the boundaries, parUcuIu l) , and proceed with the description and boundaries of al other tracts that may he assigned to her, and conclude ns follows:) A description oi which said trac I“u" cels of land, will more folly and explicitly appear, by reference to the annexed plats and explanations, which are intended as a part of this report. All weuen is re spectfully submitted. Witness our hands and seals, this

day°f ’ C. D. [L. S.] . .

E. F. [I j. S.] Commissioners.

G. H. [L. S.] S

5. Form of the writ of habere facias seisioam. (See revised code of 1327, p. 134, sec. i

=ct.

Stale of Illinois,) g

County ot „ T„.

The people of tire state of Illinois,

To the sheriff of said county, greeting:

Whereas, A. B., widow, who was the wife of L. B., deceased, hath lately in our circuit court, m, and .ot the said county, recovered against C. D-, O- r . ai.u u. H. heirs and ieeal representatives d tae said decease , her seisin of the. third part of the lands and tenemen.s, of which the said L. B. died seised, as the dower of her the said A. B.,of the endowment of toe said L. B., her late husba d, whereof the said C. D., h. r anrt G. H. are convicted, as by the inspection of toe re cords and proceedings thereof in our said court ap pears: We, therefore, command you, that yon do wit u- out delay, deliver to the said A. B., the possession of the following described tracts, or parcels of land, . itn the appurtenances, situate in the said county o j to wit, (here describe the several (ractsof land allotted the widow particularly ;) to hold to her in severalty by the said metes and bounds, for and during her natural

i. f' ViE

f i

Din

IrO R ?I S op TIJL

f tute i“ case mmle and provWedaCCHL ng/° ‘I* due return, together with th„ .Hereof make

ecute the same. th<? mannBr 111 winch you ex-

[L< S>] 'Yitness the Hon. T. tV. S. judge, &c.

rJ'esle, gT H. Clerk.

Form of proceedings in an action of trespass in eject-

XrytClXt%

Tile oriS>aaI writ, or summons.

State of Illinois, )

County of . £ sct*

T1-P Pc°pJe of (he: state of Illinois,

, V7e command you® o summon C Dift g[ee‘in8: in your county tn kn 1 1° he found

oui- Circuit con rt, to beholden in S’Yf tht iudge °f aforesaid, on the ri r t n’ anc or county

force andeams,“he°enteredXt’ "heW whereforc "M.

into the dwelling house thereof witlfif4 °‘ ,aDd’ and ces, in the said county of ’ m f *PPurtenan- mised to E. F for a CC . A’ B- hath de- ejected him from h c ? Tc'Ch ,S noet H>ired, and

against the peace and A\crr,u r X I1 and

-eofliliilo,

[L. S.] Witness the Hon. W. W. judge, &c.

Teste, G. Id. Clerk .

" COgfre1„cotta;eupoa £ ““ ejector> who

-ieupon to the tenant m possession.

set.

State of Illinois, )

cou aty and circuit % .

f F, fr C 11. M. coSrf S' „

IRQtJIT G0UR1.

t o

A. ft., on the day of , in the year of our Lord,

one thousand, eight hundred and - , at Ue county

and circuit aforesaid, had demised to the said L. i a ccrtain tract of land, with the dwelling house thereon, and all and singular- the appurtenances thereunto be longing and appertaining, situate in the said com.. ot ; to have and to hold the said tract of lar d, wnh the said dwelling house and appurtenances, to the said E. F., from the day of , m the year of our Lord one thousand, eight hundred and , to die e id and term of years, from thence next follow! ig, and f , i j 1 v to be complete and ended; by virtue of w uc.i demise, the said E, F. entered into the said premises, with the appurtenances, and was thereof possessed , and the said E. F. being so possessed thereof, the said C. D., afterwards, that is to say, on the aav °, ,

in the year of our Lord one thousand, eigni hu mod and , with force and arms, to wit, swords, staves and knives, entered upon the said tract of land, and into the said dwelling house, with the appurtenances, which the said A. B. demised to the said L. V i'1- form aforesaid, for the term aforesaid, which is not yet ex pired, and ejected the said E. F. out of his said farm; and other wrongs to him did, ta the great dam go of the said E. F., and against the peace and digni ty of the people of the state of Illinois; whereby toe said $ii. f saith. that lie is injured and damaged to the value of

dollars; and thereupon he brings suit, &c.

L. M. Atfy for .

Mr. R. S. .

1 am informed that you are in possession or, or claim title to, the premises mentioned in this declara tion of ejectment, or to some part thereof; and 1, be ing sued in this action as a casual ejector, and .saving no claim, or title to the same, do advise you to appear at the next term of the circuit court, to be . t ie: , m, and for the county of and state of Illinois, at t e court house in ,on the VI Jay in toe - . h of next, by some attorney of taut court, and then G

M

4

rORMS OF Tiiii,

May , A. D. Y°urs’&c* A. B.

-he rule of court,

in Ejectment.

Hwa :d° 2eKttorievrtT!tbR “s """‘V* both Par’

ff!*’ place bf Hie now 't

shall receive a ieclSn” n ff 5

ejectment of the tenemon i a ° trespass a? d mediately plead thereto not p- hv110’ and sha11 in>

of the JuEhal) co&e. rB/hC

r! s Si, „s“,r, a' r-

ouiuer, and by reason thereof the plaintiff cannot erute his writ, then the c annot ros-

nonpros, shall cease, and the said R S°T ii'P°n s,,ch

costs to the plaintiff aS)t::; ,?%,

ofi, nU|,,'5 i!S“r' a

a.?l St tile said C. D.. now the h, t , e.'ttrod

faaln And it is further ordered that f , °c de' of the said issue, a verdicts I ' ’ . p?n the ,rial

fendant, or if the plaintiff shall not pfoIecu'T1 ‘ ‘ df

”’---nafdoiTCaUSe,’ha,’/:‘r not Confessing 1

?:L ouster. as aforesaid, the lessor of I ’

JJfiT ,,ieC0StS’if tllei>laintifr himself doth not

merely remind (dreader thaUt”- 110 Capt'°n ,0 writs’ and The preceding forms

varied, to suit term time, or vacation ThJ .fy.are he it necessary that the writ ‘ , v CO;J*titutionma!iqgi

Pie of the state of Illinois “ the nam? “ The Peo-

Circuit Court,

t J

4 Form of the writ of habere facias possessionem, with a fieri facias, for the damages and costs.

To the sheriff of county, greeting: Whereas, E. F., lately in our circuit court, in, and for the county and state aforesaid, before toe judge thereof, by our writ, and by the judgment of the same court, recovered against R. S., his term tnen ant e to come, of, in and to, a certain tract of land, with the dwelling house thereon, and appurtenances, situate- and being in the said county of ; which A. B., on the day of , in the year of our Lord one thou sand, eight hundred and , had demised to tne said E. F.* to have and to hold the same to the said R. j from the said date, for, and during, and unto toe iuA end and term of years, from thence next ensuing, nnd fully to be complete and ended ; by virtue ol w hiui said demise, the said E. F. entered into the said tene- ments with the appurtenances, and was possessed thereof, until the said R. S., afterwards, to wit, on the day of ,in the year of our Lord one thousand, eight hundred and . , with force and arms, Lc.

eiitcred into the said tenements, with the appurtenan ces, which the said A. B. had demised to the said L. . in manner, and for the term aforesaid, which was not then, nor is yet expired, and ejected the said L. r .

from his said farm; whereof the said R. S. is convict ed, as appears to us of record : We, therefore, command you, that without delay, you cause the said L. n. to have the possession ot his said term jet to come, oi, i.n ai d to the tenements aforesaid, with. the appurtenan ces; and we also command you, that of the goods and chattels, lands and tenements of the said R. S . in your county, you cause to be made, the sum ot dollars, which the said E. F., also in our said couii, ieco\ercc. against the said R. S., for his damages, which he had sustained, as well on occasion of the trespass and eject ment aforesaid, as lor his cosTs and charges him about bis suit in that behalf expended, wuereof the said R. S. is also convicted as appears to us ol record:

1'OlUdS OF THU

/ b

v j f6

ave you (hat money vnlhin rirrv ?

manner you shall have exe "uled Writ?"’’ Wbat

Bill of exceptions .

sfale the evidence offered ) To , h ’ , fc* (here

plaintiff bv his counsel objected -Clv eV,dence’ <be

court; Who being cf opinion (hat the s-rid 2 , -the

S:T.',I piaiai®

( j w.n to ucn opinion, ara d raved ii,af 1

C°P 1 icf be signed, sealed and made a part of fhe . record, pursuant to the act of the al, i ' th

case made and provided; and itisaccordiSjhe

E- E. [L. S.]’

1 2- J* (&e revised code of 1 827,. 23C.

I. Foroi of the writ of habeas corpus when issued by the

court m term time. ' 1 ie

T„ x,° -E E., oi said county, greetin'!--

We command you, that you do forthwith withe , excuse or delay, bring, or cause to be hZt ' Zl t.e cpuit court of said county, now sittir f Z court house in . , tpe body of C. D., by f ha c

nnme oraddition he is known or called, and who'lsTun- lav Hilly detained in your custody, as it is s-,jd ,r erwith the day and cause of lls cootfCn

i'°. Vbe*!.d,:d <nere t0 Perform and abide such order a tiiiCf (ion, as our said circuit cowi i

t! "'half. Hereof make due return for,! ,n

der the penalty of what the law directs. ' UR‘

j o tiie sheriff of said county to execute

Circuit Court.

[Endorsement to be made by the clerk on said writ, bee, ’’ev iscd c e ot Hi,/, p. sec. 1*]

“ 13 v t; ic habeas corpus act.”

[Further endorsement to be made upon the writ.]

The within writ to be executed, on condition that the said C. D. doth pay, or cause to be paid to the said V. B. (or tender if payment is refused) the sum ot dollars,* his legal charge for bringing up the body of the said C. D., before the said circuit court; he the

said C. I). having already given sufficient security, to

pay the charge of taking him back from whence he

came, if he shall he remanded/’ Teste, G. H. C.erk.

-

a Form of tlie bond of security, to be given in behalf of the " applicant for a writ of habeas corpus, to the person to whom the writ is directed.

(Penalty, the sum ascertained by the court.)

The condition of the above obligation is such, that whereas, a writ of habeas corpus has this day issued out of the circuit court of said county, on the applica tion of C. D., and directed to the said A. 13., in which the *aid A. B. is commanded to bring up the body ot the said C. D., forthwith before the said circuit court, for certain reasons in the said writ specified: Now, it the said C. D., shall well and truly pay, or cause to be paid, to the said A. B., the legal charges for car rying, him back, from whence he shall be brought by the said A. B., in obedience to the command of the saul writ, if he the said C .D. shall be remanded by the said

court; then, &x.

[Hereafter we will omit the signatures, and attestation of the clerk, and refer the reader to previous forms.]

*This sum is not to exceed ten cents per mile, and to b4*

fixed bv the judge.

G 2

Forms Of The

Form of (he writ of habeas corpus, when issued bv the

judge m vacation. y

the.countr of and state aioresaid, greeting:

cxcuseTdX J°U d°\farthwitN without

the judge of?he crfute o'1'? r before chamber* in hT C0Ui?‘>' at his

name addition h 'is In. i° J ° V Whatever Wally deSir ed in „ “ aad frho is a‘-

er with the day and “'cause of°lh “ ‘‘ liK,id* '°geth- then and there tperfo,™ t(fP !m anddcte* and direction, as the aid iudim si ' n a ,l, e suc 1 brder half. And hereof J f dgc ?bali make ia that be-

ty of whaftK Sets 6 retUn” U,‘der ‘he Penal-

, . S. D. L. Judge judicial circuit, stale of Illinois.

J:nttTrkrh,LcK“?i£s r

" ,-itt ft, „M wril, „d -lhe . f C D

rWlT n"" ,C"?‘i0” *J£8££l

before the said circuit court’ ter ,1 ?an.e*ed,

at his chambers aforesaid ) as’ rivithinT6 S‘‘>d PldS°

May , a. a y as n,ihnA 1 r<rrzed-

At b. sheriff, Sfc.

;:]Sh0U,d be a“ ‘Writ, on a

I, A. B., sheriff of the county of and ct„t c n WMffvirtue of this writ J me directed land ddiv-'

er, ti at it is impossible to rrive anv f dlffer®nl from each oth- a. general rule in all cases : the '-l™'' Wl:J,ch wdl answer as Vnat in the genera], is necessary to to S*J0W>

return a good one, Je lljserted to make the

Circuit Court.

ercc{ j0 hereby make known to the said circuit court, Vor to the said judge) that the said C. D. was, on the of , A. L'. , committed to-rny custody,

as jailer oi the said county of , by virtue oi a mit timus under the hands and seals of E. t . and O. Jrl., justices of the peace, in, and for said county, loi ct rtain enust - in the said mittimus specified; a copy ot w hicli is hereto annexed; in obedience to which, 1 l a\e de tained me said C. D. in my custody, in the common jail of said county, as thereby 1 was commanded; V it h is the same caption and detention, oi which men tion is made in the said writ, and none other.

A. B. bhenjj , <yc.

[Here a copy of the mittimus should be annexed.]

5 Affidavit to obtain a writ of habeas corpus ad testificari- cluin. (See previous affidavits for the caption and conclu sion of what follows.)

A. B., the above named plaintiff, makelh oath and saith. that F;. F., now a prisoner in the custody of the sheriff of the said county of , is, and will be a ma- teriai witness for this deponant, at the trial of this cause* and this deponent further saith, that he is ad vised and verily believes, that be cannot safely proceed to the trial thereof, without the testimony of the said E. F. : and that he the said E. F. is ready and willing to attend as a witness at the trial aforesaid. A. B.

Subscribed, and sworn to, &,c.

6. Form of the writ of habeas corpus ad testificandum.

To L. M., sheriff of the said county, greeting:

We command you, that you have the body of E. F., detained in our prison under your custody, as it is said, under safe and secure conduct, before the circuit court of the said county, at the court house in , on the day of , A. D. , by o’clock in the noon of the same day ; then and there to testify and the truth to speak, in a certain cause now depending

forms of the

SteSiJrp then to bo (ri-

Plea or ;reSpaf CSS? tS iSSSSgf

O said suit, JO a are to redrntm he faS E f’Jo our saul prison, under the like safe and secure T p A as aforesaid. And have you (hen and there (Ms writ

iO. Injunctions.

To a. B., hiS counsellors, attorneys, so-

T17; . iicjtors'anyi agents, greeting- '

' Tv hereas> C. D. has lately exhibited hisP] of r ,

P amt, to the judge of the circuit court in, ,1 'If Co r°Z county and state aforesaid, on the chaneerVdde fhto-e of, against you the said A. B. defendant- wh among other thino-*. it P alledo-p ft l " 5 prosecute thesaid complainant allatc” chh“ ters and tilings therein stated and set forth: ie 'there fore, in consideration of the premises., do sVrirtS

Jerv the C°mma!!d/°U said A. £S.,and all, and e£ fhe persons above mentioned, that you and o r b OI .you, do absolutely and entirely deals (from all for ther proceed, ngs at law against the said compla nn ' concern, agany of the matters in the said hill complain’ ed or, until you, and each of you, shall appear to’ rV fully answer the complainant’s bill and l he f i ’ ,

make otherorder to the contrary, '.Hereof fon' f "

J o the s.icriflT of said county to execute.

2. Form of the injunction bond to be given by the complain-

Q.D t.

(Penalty, the sum fixed by the court.)

iC condition of the above obligation is virb fhof whereas, the above bound C. D. hfs prayed for', and

Circuit Court.

u 1

obtained a writ of injunction, from the circuit court of said cou \ty, restraining and enjoining the said A. b. from proceeding to the collection of a judgment otlaw* obtained by him against the said C. D., in the said cir cuit court, on the day of , A. I). 01 ie

sum of dollars debt, (or damages.) and dollars costs, until the said court shall make other order to the contrary. Now, if the said C. I). shall pay, or cause to he paid to the said A. B., all money and costs due, or to be due to him, iu the said action at law ; ana also, all such costs and damages, as shall be awarded against the said complainant, in case the said injunction, here in granted, shall be dissolved ; then, &c.

3. Form of a writ of injunction, to stay waste, trespass, &c.

(Seo 2 Harrison’s Chancery, p. 207.)

To A. B. and his workmen, laborers, ser vants and agents, each and every ot them, greeting:

Whereas, it has been represented to the judge of our circuit court, in, and for the county of , (excrcis- in* chancery jurisdiction,) in a certain cause therein depending, wherein C.D. is complainant, and you the said A. B. are defendant, on the part of the said com plainant ; that, you the said A. B. are committing great damage, waste ar.d destruction on the lands ot him tnc said C. D. ; being the same lands, whereon one u. 1.1 . now resides, situate, lying and being in the said county of , on the waters of ,and known and designat ed as the quarter, of section number , in town-' ship number , of range number . ' ;?in the “is-* trict of lands offered for sale at : We, therefore, - in consideration of the premises aforesaid, do strictly enjoin and command you, the said A. B., and our "’or.< men, laborers, servents and agents, and an, anc* ear a o$ you. that you do, from henceforth, absolutely and en tirely desist from felling, or cutting down, or otherwise injuring or destroying any timber, or other trees, stand-

forms of the

Of what the law direct! uodertIle Penalty l'!e ser‘!f of said county to execute.

4. Form of the injunction bond to be given by the complain-

(Penalty, the sum fixed by the judge.) whelaHhf a°bofe boeund°r n't' J°" is 8uch’ that

obtained' a wHt thf £

the dC A1"* B lld C°U",ty’ enJoininS and commanding

a-etus abtll’li 7°meIn’ servants and

CM , A ‘ and entirely, to desist from fe)lj,,„ or

a certai , tract of landuat

ass ? uassr ?

number /eeUon ugmher , inlovtltj

lands offered for sale-f" i l™ dlstvicM

liJ any oth‘r, or tlstelrC) V

and upon the said premises, until the said court'd I m m i .a o ipr order toibe contrary: Now, if the said C.

vtail pay, or caose-to be paid, to.the said A

Sll?A da™ages*i3 ye may 'sustain, bv reason nf '

7n§ of #d injunction, and abo sill ells damages as may be awarded -against the said comnlajd ant, by toe said court, in case the said SnWfinVV granted shall be dissolved, then, &c.' '''

Juries cmd Jurors .

u °ath t0 b0 taUen the foreman of the grand jury.

“ Vou, as foreman of thl ,i

tfinerfT to uni'-.

true presentment make, of all such matters and things, as shall he given you in charge, or shall otherwise come to your knowledge, touching the present service; ) ou shall present no person through malice, hatred or ill will, or shall you leave any unpresented through fear, favor or affection, or for any fee or reward, or tor any hope or promise thereof; but in all your presentments, you shall present the truth, the whole truth, and nothing but the truth, according to the best of your skill and understanding. So help you God.”

[The other jurors will then take the following oath.]

“ The same oath that A. B.. your foreman, has just taken before you on his part, you, and each of you, shah - 11 and truly keep and observe, on your respec tive parts. So help youjGod/’

2. Form of a venire facias.

To the sheriff of said epunty, greeting: x W,e,comma-)d you, that you cause to come before ate judge of our circuit court in, and for the said Boun ty? on the first d of the next term thereof, to be Commenced a d holden at the court house in , on the Mo day in the month of next, twelve good and lawful men of your county, who are in uo wise of kin to- A. B. the plaintiff? ot C. D. the defefMarit, to make a cert bn jury of the country, between the parties afo; 'eaid, i : a plea of trespass on the cance, because as well the said C. D., as the said A. B., between whom the matter in controversy is, have put themselves upon that jury; and have you then and there the names of the said jurors, together with this writ.

3. Form of a venire facias, where one defendant pleads, and another lets judgment go by default.

To the sheriff of said cou b; . greeting: We command you, that you cause to co n efore

the judge of our circuit court, in, and for the said cone-

u

ijORMs of- *rru,

tj.oithe day of , A. 1). , at thp com!

Iious m , twelve good and lawful men of your

county who are in no wise of kin to A. B. the plaintiff, orC. D. and E. F. the defendants, to make a certain jury of the country, between tfie parties aforesaid, as well to try the issue joined between the said A. B. and E. I)., of a plea of trespass on the case, as to inquire against the said E. F., what damages the said A. B. hath sustained, as well by means of the not performing Oi the said promises and undertakings. of the said E. f.vA8 for costs and charges, by him, about his suit in* tais oenalf expended; thereupon it hath been consid ered, that the said A. B. ought to recover his dama ges against the said E. F., because as well the said C. -k as tf)e sa|d A. B., between whom the matter in controversy -is, have put themselves upon that jurv- and have you then and there the names of the jurors aforesaid, together with this writ.

4. Form of a writ of inquiry of damages, after a judgment by default against the defendant.

To the sheriff of said county, greeting:

Vv n ere as, in a certain suit in our circuit court, in am] for the said county, of a plea of trespass on the case, between A. B. plaintiff* and C. D. defendant, suen proceedings were thereupon had in the said court thai the said A. B. ought to recover against tire said C. D., his damages on occasion of the premises: But because it is unknown to the judge of our said court what damages the said A. B. hath sustained by means of the premises aforesaid: We, therefore, command you, that you cause to come before the judge of our said ourt, on the day of , A. d/ , at the court .house in , twelve good and lawful men of your county, who are in no wise of kin to A. B, the plaintiff, or C. D. the defendant, to make a cer tain jury of the country, between the parties aforesaid, to inquire what damages the said A. B. hath sustained,

by reason of the premises aforesaid, in this behalf, and

/

-Circuit Court.

wherein the said C. D. lias made default; and have you then a id there the names of the jurors aioresaid, together with this writ.

i. Summons against a juror for failing to attend court. (See revised code of 1827, p. 253, sec. 10.)

To the sheriff of said county, greeting.

We command you to summons A. B., ii to be found in vour county, personally to be and appear before the circuit court of said county, on the first day of hie next term thereof, to be commenced and hoklen at ihe court house in , on the Monday in the month of next, to show cause, if any he has, why he should not he fined, for his contempt to the said court, ior fail ing to attend as a petit juror, (or grand juror, as the case may he,) at the late term thereof, although it appears that he was lawfully summoned for that pur pose; and have you then and there this writ, and make return thereon, in what manner you execute the same.

0. Form of a special verdict,

set.

term, A. D.

State of Illinois,

county and circuit,)

A. B. plaintiff, i ' . , vs# v Trespass and Ejectment.

C. D. defendant.)

Afterwards, to wit, on the day, and at the place aforesaid, the jurors of the jury, empanneled, chosen and sworn, the truth to speak upon the issue joined, between A. B. plaintiff, and C. D. defendant, in the above mentioned suit, say upon their oaths that (here state the facts found by the jury, in a concise manner, ai.d then proceed:) But whether or not, upon the whole mal'cr aforesaid, by the jurors aforesaid, in form afore* said found, the said C. D. is guilty of the trespass and ejec/ ment aforesaid, the juros aforesaid areakogei h'P ignorant; and thereupon they pray the advice of the said court, now sitting, &c. and ii upon the whole H v-

Forms Of Tiis

S6

d. !™ya: fo the 8aid rrt' ,hat the C.

form as the s-?id f ’ b htf thfeof -‘"-’-"Id

him :JZ 1 ss:rfhCOm/,ai',ed

“w b., on occJL, f th:

graf„Tid Itgb8ll smtothJtKrdT

“anoedfohlSd A B Ml tllereof i"gs alleged against him ' halh “ h'S Said Flead-

31 M Exeat O’.ipuhlica.* (See revised code of 1 827

304.) J

F°rm of tIie of ne exeat respublica.

wi.Aro . f-‘*e sheriff of said county, reetino-*

' as’ Jt has been represented to thc iudp$*

£ altst r H PJTa’ m a Petilion exhibited by

**c"bdlnSl C. D. defendant: that the said p n -V

assss |s“7,,i,“ - wsasA

&r°;

r3®%:w

11 He ,ha11 be foa"d in four county, personally to be

courtlt toe nTtnre jud*e of ‘be circuit

Jidavit of the truth of the allerattons ac:<romPan,?J an af- granted under the statntp? fin " iierein CODtained; and is the debt or demand if not ach I”°f “ ,weU in cases where facua fide in expectancy at T’ b,"f exists feiriy and

in - a ,s -.rhere the demand fad ,ffn °f-m.?k“S WUcalioo.as applicant should show that his de’mafdf "fece**?rT’ that ?lie

Circuit Court.

o#

and appear before our said circuit court, on the lira day of the next term thereof, to be holden al the corn . house in , on the Monday in the month ol next to answer to the said petition exhibited again. t him by the said A. B., as aforesaid : And also, tnMyou do at the same time, cause him the said C. 1 ni'.y and execute a bond with good and sufficient sccuri.v, d- to toe said A. B.. in the penal sum of dol- FL /(ho s„m fixed by the judge,) lawful money of tlie ' hi ted States; conditioned that he will not depan thesai ! ta . without leave of the said court, and tl . he will rn d r himself in execution, to answer any judgment or decree, which the said may rencor

L u him in the premises; and in default ol h.s yv i,?; i bond a-.d security, then you arc to commit toVie common jail of your county, there to he kept saf, cc-itodv, until he shall do so, of his own accord; and v’nen you shall have taken such security, you are forthwith to make and return a certificate toerco., to the said circuit court, distinctly and plainly, under your

W'd a d seal, together with this writ. t ‘ [TKe clerk should also endorse on the writ, in what pena y bot: and security is required of the defendant.]

o r n of the bond to be given by the complainant, to tr-e de- Son obtaining the above writ. (See revised code of

1827. p. 305, sec. 3 and 5.)

(Pt i aUv, the sum fixed by the court.) .

The condition of the above obligation is sue, t, that whereas, the above hound A. B., has obtained an or- thr from the judge of the circuit court of said county, for the issuing of the people’s writ of ne exeat respub- lica; and whereas, the said writ is about to he issue from the clerk’s office of the said court commanding the sheriff of the said county to summon him the aoove named C. D., personally to be and appear before the Silt court. Oh the first day of the next term thereof, 1o be holden at the court house in ,on n -

' ‘ Monday in the month of next, to answer the petition exhibited against him, by the said A. b., .

as

FORMS of TliE

t at behalf; and also to oblige the aid T V)

bond, with good and sufficient security n n' glVe said A. B., in the penal sum of 1 in’ 0 1o }be fiey of the United Stales bars, lawiul mo-

part this state, wi them t leave of* th tl.al he will render himself in exeru cnT C°llr'! m,d judgment or decree, which the said ™ ! a, SK< r m.y against him in the premises- ardhiwk urt render said sheriff, in default of his givine ™(!ulri”g the

cuiitv. to commit him In i l, erd ar,d se-

until he shall do so J Jil oOnid ooun-

the said A. B. shall we]? ard tn.lv N™’ if

iX, all such damages and costs, as he the n

X P.™ .1 fc defend-

(Penalty the sum endorsed on the writ ) i he condition of the above nMio-oi- ' whereas, the above named A, B has oH clerk’s office of the circuit cott of fr°m,he people’s writ of re exeat ren l r "j!d coun0, the sheriff of said cou and (he

mon the above bound C. D., persona I k 8f f° sum'

pear before the said circuii court on h tt ! aP' the next term thereof, to be holder, at the court ho °f on the Monday in the month .f USe to answer the petition exhibited aeainst I i 1K XI’ said A. B., in that behalf; s ,h h

said C. D. to give bond with good and 1“ 'be rity, payable to the said A. B in n Clent secu- conditioned that he will not depart 1>e.r?’

leave of the said court, and tha?be W J in execution, to answer anv inrUrv , der ,unself

the said court may render *a-ar sf him free’wbich and further requiring the giving such bond and security, to

Circuit Court.

common jail of said county, until he shall do so of his own accord Which said writ has been duly served n the said C. D., by R. S., sheriff of said thereupon tendered the above bound L. M., as m - c’nritv incompliance with the requisition of said wi it v ch’. dd uritv is approved by the said sheriff, and the body of the said C. D. released from all danger ot tX if the said C. D. shall not depart from th, said state, without leave of the said court, and doth

r ‘ ler himself in execution to answer any judgment or

in the premises, in favor ol the said A. B., then, cV

I do hereby certify, tnat the above bond

was taken by me, and entered into and ac knowledged, by the said C. D. and C M., this day of , A. D. ’as'lt ness my hand and seal.

J. K. Sheriff county , Illinois.

4. Form of the writ of procedendo.

To A. B., a justice of the peace, in, and

for said county, greeting.

certiorari’’ as rife fasmaybe ;) !uch Jroceedingsjvave

f S life, in all respects, as the/ were previous lollm taking Of he said appeal, (or, ‘ - prevmns. to the iccuinof the said writ of certioraii, as the y

be.) as aforesaid; and inasmuch as execution of th said judgment remains to be done in conformi ‘

law: We, therefore, command you, that you o, wi, - out further delay or restraint, proceed .r the , sa Ism before vou, in all respects, as though the said appeal had riever been taken! (or, “ as though the writ of cor-.

so

5©Rms ©F The

J'o to .tariff Of-U

22. Partition of Lands.

i. orm of asummons ao-ainstimni- tenants in common, on a netitir n f Dan,ts’ c°parceners, or (See revised code of 1827 IP for the division of land,

to7, p. 18o, sec. 13, and p. 186, sec. 15.)

Whereas 4 P° of said c°tinty, greeting-

ircuit cTX in 'aKI. ", ‘he of our

writing, for the rarlitin county> lds Pe*ition in

oriofs, as the case may be ) of'h'j ‘T’ (or>'aets, Gotmt}7, and deip-natnri it ,a,c’ situate in said

insert a descri'.lon of t" i°0?dcd as folWsi (l*re

and by l,is sajd peti(i ' b? t!'e said A. B., in.

B.. and C. D.J F Z’r T?longl.nS,° llim ‘he said A.

ceners, or tenants io c‘ommo”"a?tP,nt (coPar*

that ‘he same remains undivided 11™" “d

scares of each ’ so that the respective

from each other: VVe there'h°"" a“d dislinghished jou summon the said C D F F coa™a,,d -vou’ ‘hat sivail he found in your con.tv '/"IP H>’ if lhe-V pear before our said rir, - ; ’ Pe* tonally to be and ap-

m , on Hip it i . :cn at tlie court house

to show cause, if any Hdr!the“T‘hof "ext,

should not be divided bv moles'6’ i"t tfl,e sa,d la; 0,3 the prayer of the said™ , hounds, according

with the statute in such pe ltlon> and 111 conformity A d iurveyon theL'd H- made and Prilled.

turn thereon in what ' i<? 118 and make re sume. What ma,mer shall execute the

(Wruit Court.

o ponn of the report of the commissioners appointed to make partition of land, to the circuit court, (bee revised code of 11)27, p. 1U6, sec. 13.)

To the Hon. T. W. S., judge of the circuit court, in. and lor (.lie county of and state of Illinois.

e, the undersigned, commissioners, having been appointed by an order of (he said circuit court, to make partition of the lauds ai d tenements, mentioned ar d described in the said order of court, between A. B., C. D. and E. F.; do, in conformity with law at d the baid order of court, make the following report: That, having been fust duly sworn* according to law, fairly and impartially to make partition oi said lai ds, between the said parties, if the same could be done consistently with the interest of the estate; we after wards, to wit, on the day of , A. D. , went upon the lands and teneme: k aforesaid, and after hav ing carefully examined the quality, a; d ascertained the quantity by the admeasurement thereof, we proceeded to ascertain by metes and bounds, the respective shares of each, according to their several interests therein, in the following manner, to wit: In the first place, we as signed and set apart to the said A. B., the following described tract, being part and parcel of the said lands, and which is designated and bounded as follows, to wit: (here describe the share allotted to A. B.:) In the second place, we assigned and set apart to the said C. D., the following described tract, being part ai d parcel of the same lands, and which is designated a hounded as follows, to wit: (here describe the

a- of C. D.:) and thirdly and lastly, we assigned a d set apart to the said E. F., the residue of said 1 ds, which is designated and bom ded as follow s, to w i : (here describe the share of E. F.) A description

+ Before commissioners proceed to make partition of lands, they are required to take an oath before the circuit court, or some justice cf the peace, fairly and impartially to make pa rtition of the lands, if the same can be done consistently with the interest of the estate. (See revised code of 1327, p. ;186, sec. 13.)

FORMS OF the

oi Which said tracts or parcels of land, as partitioned and assigned to the said A. B., C. D. and E. h\, ny rnetesand bounds as aforesaid, will more lullv andVx- pl'C'liy appear, by reference to the annexed' plat and explanations, which is intended to be made a part of tins report; all which is respectfully submitted. Wit- i6ss oui Lands and seals, thi8 day oh 4 D

G. H.i

J. . Commissioners .

L. M.3

23. Replevin,

[ 1 lie r orm of the affidavit to be made by th plaintiff pre vious to the issuing of the writ, is here omitted, 'as i.oiii/the

feOC88J?f‘Uo atl°™ey it, &c. (See revised code of

loVi , p. o49, seo. ].)

1. Form of the summons, or writ of replevin. (See revised code of 1827, p. 349, sec. 2.)

To the sheriff of said county, greeting: ... A- , ’ °/ th®. said bounty, shall give you bond! with good and sufficient security, to prosecute his suit to effect, and without delay, and to make return of the following described goods and chattels, the property' of him the said A. B., to wit; (here describe the prop- erty to be replevied;) which C. D., also of said emth- ty, too and unjustly detains, against gages and pledg- as he saith> if return thereof shall be awarded and further to save and keep you harmless, in replevying said property teen you are to cause the said goods and chattels to be replevied and delivered to the said A B., without delay; and to summon the said C. D. personally to be and appear before our circuit court in, and for said county, on the first day of the next term thereof, to be holden at the court house in on she Monday in the month of next, to answer to the plaint of the said A. B., for taking and unjustly detaining the goods and chattels aforesaid. And make due return of the bond to be taken from the said plain- bit! as aforesaid, to the clerk of our said court, together

Circuit Court.

with this writ, with an endorsement thereon, as to the manner in which you may execute the same.

o# Form of the replevin bond to be given by the plaintiff to the sheriff. (See revised code of 1827, p.349, sec. 1.)

(Penalty, double the value of the property to be re plevied.) . . . , ,

The condition of the above obligation is such, that

whereas, the above bound A. B. has commenced an action of replevin against C. D., in the circuit court of said county, for the taking and unjustly detaining of the following goods ai d chattels, to wit; (here describe the property to be replevied ;) the property ot him the said A. B., as he saith: Now, if the said A. B. shall personally be and appear before the said circuit court, on the first day of the next term thereof, to be holden at the court house in , on the Monday in the mo Ah of next, and shall then and there prosecute

his said suit to effect, and without delay, and doth make a return of the said property to the said C. Lb, if a return thereof shall he awarded by the said circuit court, and shall save and keep harmless the said sher iff, i t replevying said property; then, &:c.

Taken, &c. R. S. Sheriff #c.

3. Form of the writ of retorno habendo, with a fieri facias

for the damages and costs.

To the sheriff of said county, greeting:

Whereas, C. D. was summoned to appear before our circuit court of said county, to answer A. B. of a plea, wherefore the said C. D., on the day of , A. D. , at the county and circuit aforesaid, took the goods and chattels of him the said A. B., to wit; (here describe the property as in the plaint or declaration.) and unjustly detained the same against gages and pledges', until, &c. as it was said; whereupon such proC'’ . dings were had thereon, in our said circuit court, as that the right of the said property was adjudged io be in the said C. D., and a return thereof awarded to

forms of the

him; together with the sum of dollars for his dam- ages on occasion of the premises, and dollars for ns costs and charges, about his defence in that behalf expended, as appears to us of record: YVe, therefore command you, that you do, without delev, cause the goods and chattels aforesaid, to he returned to the said t0 ho]d t0 *?im irrepleviseable, in form aforesaid: We also command you, that of the goods and chattels, lau([s and tenements of the said A. B., in your county you cause to be made the sum of dollars, for the damages and costs aforesaid; and that you have that money in ninety days from the date hereof, to render to i.c? said C. D., for his damages, charges and costs aforesaid. And hereof make return within ninety days rom uie date hereof, and endorse (hereon the manner m waich you shall execute the same.

4. Form of the return to the above writ, when the property ”heeriff?ned °r rem0V*d’ 80 tbat h oaonot be found by the

“ Before the coming of this writ to me, the goods and chattels within mentioned, were eloigned and re moved ny the within named A. B., to places to me „n- h : '-vn; so that I cannot cause the same to he returned to ne within named C. D., as 1 am within command-

K. S. Sheriff, $rc.

24. Replevy Bonds .

Forna of a replevy or forthcoming bond. (Sec revised code

of 1829, p. 90, sec. 17.)

Know all men, &c. unto A. B., sheriff of said conn- (Peoaliy, double the sum replevied.) the condition of (lie above obligation is such, that wacreas, a judgment was lately rendered in the circuit t..,, i.j, of said county, in favor of G. 1 i, a id against the aaov-' bound C. D., for the sum of dollars debt yor damages, or as the case is,) and dollars costs: on winch said judgment, an execution issued out of the

Circuit Cour*.

vJN

c 1/

clerk's office of the said court, numbered , and

bearing date the day of , A. D. ; which said execution came to the hands of the above named sheriff, on the day of , A. D. , and was by him, on the day of , of the year last aforesaid, levied on the following described good and chattels, the property of him the said C. D., to wit; (here des cribe the property levied upon;) and the said C. D. be ing desirous of retaining the same in his possession, un til the day of sale, according to the provisions of the statute in such case made and provided; and having tendered the above named E. F. as his security for the delivery thereof, on the said day of sale, who is approv ed of by the said sheriff, and the said property there upon re-delivered to the said C. D.: Now, if the said defendant C. D., shall have, or cause the said property to he forthcoming, and shall deliver, or cause the same to be delivered to the said sheriff, at , in the said county, on the day of % , A. D. ; the day and place appointed by the said sheriff, for the sale thereof, in pursuance of law : and shall not in the mean time, sell, dispose of, or in and wise injure, or destroy the said property, or any parr thereof, whereby the same may be diminished in value, then, & c.

A. B. Sheriff, 8/c.

2. Form of the replevy bond, to be given by.a person intend ing to move for the quashal of a fee bill, on account of im proper charges, (See revised code of 1827, p. 217, sec. 7.)

Know all men, &c. unto A. B. (the person or officer to whom the fee bill is due,) (penalty double the amount of the fee hill.)

The condition of the above obligation is such, that whereas, a certain fee bill issued out of the clerk's of fice of the circuit cowrt, in, and for the county of , a id state aforesaid, in favor of the said A. B., and agai nst the said C. D., for the sum of dollars; which said fee bill came to the hands of R. S.. sheriff of the said county of , on the day of ,A*J). 9

to be levied of the goods and chattels of the said Ch

forms of the

to quash the said fee bill at the next term of the circuit

to replevy the same by giving bond, and security accor ding to law; and having tendered E. F., as his securi-

ty, who is approved by the said sheriff: Now. if the said C. D. shall pay, or cause to he paid the amount of tne said fee bill, at the next ensuing term of the said last mentioned circuit court., to be holden at the court house in , on the Monday in the month of next, to the said A. B. or to the sheriff, for his use; un less the said last mentioned court, should quash the said fee hill, together with £fis bond, or make other order to riie contrary at the said term; then, &, c.

R. S. Sheriff,

3. Form of a supersedeas, to be issued to the justice of the peace and constable, ojplthe execution of an appeal bond. (See revised code of ltT, p. 268, sec. 32.)

To A. B., a justice of the peace, and C. D., a constable, in, and for said county, greeting:

Whereas, in a certain suit lately depending before you, the said A., R., wherein E. F.‘ is plaintiff, and G. H. defendant, judgment has been rendered in favor of the said plaintiff, for the sum of dollars debt, (or dam .gas,) and dollars costs, as by the transcript of the said judgment, from the docket of the said justice, filed in the clerk’s office of our circuit court, in, and for the said county, by the said G. H. in this behalf ap pears; and whereas, the said G. H. has taken an appeal from the said judgment, and has given bond with secu rity to the said E. F., for the due prosecution thereof, according to law; which sa:d bond is filed as of record

CIRCUIT fOURU*

9?

and constable as aforesaid, that you do entirely super sede, and desist from proceeding any further in said suit; and that you do forthwith suspend all proceedings in relation thereto, and cease from molesting the said G. H. in any wise on that account, until the said cir cuit court shall make other order to the contrary. And this you are in no wise to omit at your peril.

To the sheriff of said county to execute,

25. Scire Facias .

1. Form of a scire facias to revive a judgment after a year and a day has elapsed, without an execution having oeen, taken out within that time.

To the sheriff of said county, greeting: Whereas, A. B. lately, that is to say, at the term of our circuit court, in, and tor said comity, in the year of our Lord one thousand, eight hundred and , recovered a j udgment against O, D, late of said county, in a certain action of trespass on the case, (or as the action is,) for the sum of dollars for his damages, and the further sum of dollars tor his costs, in that behalf expended; whereof he the said C. D. is con victed, as by the rrords and proceedings in our said circuit court appeals; and forasmuch as the said A. B- has complained, that lie hath not recovered any satis faction for his said damages and costs: We, therefore, command you, to summon the said D,, il he shall be found in your county, personally to be and appear be fore our said circuit court, at the next term thereof, to be holden at the court house in , on Hie Mon day in the month of next, to show cause, if any he is, why execution should not be made of the damages and costs aforesaid. And have you then and tnere this writ, and make return thereon, in what manner you execute the same.

[Here, we would observe, that the writ of scire facias, is a judicial writ, aud varies according to the peculiar circum tauce of each casein which it issues; and must deferpubiish- jog more thau are already in type.}

Forms Of Tile

26. Witnesses' Fees,

1. Form of the affidavit, by the witness, of his attendance, &c.

(bee revised code of 1827— p. 215— sec. 6.)

h, F., being first duly sworn according to law, depos es and says, that he attended days, as a witness, in the suit between A. B. plaintiff, and C. D. defendant, m a plea of debt, (or as the action is) in the circuit court of said county, at the term thereof, A. D. ; and that his said attendance was at the instance of the said defendant. F

I oi in of the affidavit, when a witness resides in a distant eonn-

ly.

15. f ., being first duly sworn according to law, depos es and says, that he attended days, as. a witness in the suit between A. B. plaintiff; and C. D. defendant m a plea of trespass on the case, for slander, (or as the' action is,) in the circuit court of said county, at the term thereof, A. D. ; that his place of resi dence is m the county of , distant nules

from the court house in , in the said county of and that he attended from the sad bounty of a§ aforesaid, at the instance of the saifl plaintiff. E. F. "

27. Special Writs and Executions.

1. Form of a capias ad respondendum, in an action of debt.

the sheriff of said count?, greeting:

We command you, that you take C. D., if he shall he found in your county, and him safely keep, so that

K

*In issuing an alias capias ad respondendum; after the words “we command you,” in the commencement of the writ, insert the words, “as we have heretofore commanded you i and in a pluries writ, say, “as we have heretofore oftentimes commanded you. The like addition will also be proper in is suing an alias or pluries, after any of the vrits or executions arranged under this head; that being all the difference be tween the original process, and that subsequently issued, when the latter writ or execution is of the same description of the former. '

Circuit Court.

county, on tli# first day of the next term thereof, to he holden at the court house in , on the Monday in the month of next, to answer A. B., of a plea, that he render to him dollars, which lie owes to,

and unjustly detains from him,* to his damage dol lars, as he saith. And have you then and there this writ; and make return thereon, in what manner )0U execute tire same.

2. 5orm of a capias ad respondendum in criminal cases,

(Here go on as in the previous form, until the charge, and then say,) 44 To answer to the people of the smte of Illinois, for, and concerning the crime of (here state the offence} with which the said C. D. stands charged in our said court, as by a certain bill of indictment pre ferred against him, by the grand jury of said county, in that behalf appears. And have you then, &lc.

3. Form of the endorsement by the clerk on the above writ.

it is ordered by the court, that the within named defendant C. EC b ’ eld to bail in the sum of dol-

lars.”

4. Form of an escape warrant.

To all sheriffs, coroners, constables and bailiffs, in the said state, greeting:

Whereas, complaint has been ma(fe to us, that C. D.,

who was lately arrested by the sheriff of said county,

*!f in covenant, say >of a plea of covenant broken if in trespass, say, “of a plea of trespass on the case;” if in an ac tion of trespass assault arid battery, say, “in a plea, why with force and arms, he made an assault on him the said A. B., in said county, and him beat, wounded and abused, so that his Ice was despaTrcV. of, and other outrages on him committed, to 11 e irreat damage*,” t4bc.; if in an action of qua re clausum fre- gjt,say, “in a plea, why with force and arms, the close of him the s, 'd ' . B., iu said county, he broke and entered, and the corn and *s, there lately growing, trod down and destroy ed, and other outrages on him committed, to the damage/* &c

to*

To Rms Of The

oy virtue of a writ of capias ad respondendum, issued out of d o clerk’s office of the circuii#court of said .:ou: (y,on a charge of his having committed the crime ot (here describe tlie offence;) did, on the day of

’ A‘, forcibly escape from the custody of ihe said sheriff, after he the said C. D. had been law- lully arrested by virtue of the said capias as aforesaid and is now going at large in said state: We, therefore’ command you, .and each of you, in your respective’ counties, townships and precincts, to make diligent search, by way of hue and cry, for the said C. D., and him having found, to seize and retake, and safelv con vey, or cause him to be safely conveyed, to the prison of the said county of , there to be kept in close custody by the jailer of said county, until he shall be thence discharged by due course of law.

5. Form of a summons, in an action of assumpsit*

To the sheriff of said county, greeting* We command you, (hat you summon C. D., if he shall be found in your county, personally to be and ap pear before the circuit court of said county, on the first day of the next term thereof, to be holden at the court house in , on the Monday in the month of next, to answer A. B., of a plea of trespass on the case, on promises, to the damage of him the said A. B. dollars, as he saith: And have you then, &c.

6. Form of a subpoena for a witness.

g-

i o the sheriff oi said county, greetin We command you, that you summon E. F., if he shall be found in your county, personally to be and appear before the circuit court of said county, on the day of the next term thereof, to be holden at the courthouse

j I.U.I . - -

*The form of this writ may be easily varied to suit the cir cumstances of each case, in which it may be applied' for, by attending: to the several variations, in the nrerrhV.n- mAT

cumsiances ui eauu uuse, xu wmen it may he applied for, by attending to the several variations, in the preceding forms under the head of “ capias ad respondendum,” in civil cases

i j

Circuit Court.

in , on the Monday in the month of next, to testify, and dtruth to speak, in a certain action now depending aWmd etc r mined in the said court, wherein A. Ik is plaintiff, and C. D. defendant, in a plea of tress pass on the case, for slander, (or as the action is) on the part of the said plaintiff: (or defendant, as the case may be:) and this he shall in no wise omit, under the penal ty of what the law directs. And have, &c.

7. Form of a subpoena duces tecum.

(Here proceed, as in the case of a subpoena for a wit ness, and say,) uand also require the said E. F . to bring with him, and produce, at the time and place aforesaid, a certain deed, or instrument of writing, bearing date, &c. (here describe the paper to be produced:) then and there to testify, and the truth to speak, concerning all and singular those things, of which he may have know ledge, or the said instrument of writing doth import, of, and concerning a certain cause, now depending, and undetermined in the said court, wherein A. B. is plaint iff, and C. D. defendant, in a plea ot debt, for dol- laes, and dollars damages, on the part ot the said defendant: and this he shall," &x.

8. Form of a writ of capias ad satisfaciendum.

To the sheriff of said county, greeting:

We command you, that von take C. D., it he shall be found in your county, and him safely Jeep, so that you may have his body before the circuit eburt of said coun ty, on the first day of the next term thereof, to be hold- en at the court house in , on the Monday in the month of next, to satisfy A. B. for dollars debt, (or damages,) which the said A. B. hath lately recover ed against him in our said court, and also dollars, which were at the same time adjudged him for his damages which he hath sustained, as well by occasion of ihe detention of said debt, as for his costs and charg es, in that behalf expended; whereof the said C. D. is convicted, as appears to us of record. And have, &c.

J 2

forms or THE

9. Form of a fieri facias execution.

To the sheriff of said cdtety, greeting; . Ve' ™mmand you, that of the goods and chattels, lar ds and tenements of C. D., which shall he found in your county, you cause to be made the sum of dol lars, which A. 13. hath lately in the circuit court of said county, recovered against him for his damages, by rea- son o certain trespasses by him the said C. D. to the J ud A. B. lately done; and also the further sum of dollars, which were adjudged to him for his costs and cj urges in that behalf expended, whereof the said €. D.

convicted, as appears to us of record: and have that money ready in ninety days from the date hereof, to ren- der to the said A. B. for his damages and costs afore- s. -Wereof fail not, and make return of this writ in ninety days from the date hereof, with an endorsement

thereon, as to the manner in which you may execute the same.

Fieri facias against an administrator, de bonis testatoris.

To the sheriff of said county, greeting: 0 you, that of the goods and chattels of

V- Po deceased, in the hands of E. F. his administrator, be administered, and which may be fouRd in your county, you cause to be made, a certain debt of "dol- ur , which A. B. lately in the circuit court of said county, recovered against the said E. F. as administrat or as aforesaid ; and also the furthersum of dollars which was adjudged to the said A. B. for his costs and charges in that behalf expended, whereofthe said E. F J? conv‘cted, as appears to us of record: and have you’ that money ready in ninety days from the date hereof, to render to the said A. B. for his debt and costs aforesaid, riereof fan not, and make return of this writ within the said space of ninety days, with an endorsement

hereon, as to file manner in which you may execute the same. ; J “ "

Circuit Court.

104;

It Fieri fnc.ias against principal and bail, on a recognizance, for flu and eels. (Sec reviseu code of 1 827-p. 164, see.

To the sheriff of said county, greeting:

We command you, that of the goods and chattels, lands and tenements oi A. B. as principal, and <J. 1 his bail, which may be found in your county, you cause to he made the sum of dollars, the amount ot a tine lately assessed against the said A. B, in the cu t uit court of said county, at the suit ot the people of said state - and also the further sum of dollars, which was adjudged to the said plaintiffs, for their costs and charg es in that behalf expended: and have that money iea- dv in ninety days from the date hereoi, to render to the said people, and such other persons as ma\ be entitled thereto, for their fine and costs aforesaid; according to the form and effect of a certain recogi zaire, by tnem the said A. B. and C. D. acknowledged and euteied in to, in our said circuit court, on the day of A. l b as by the records and proceedings oi our said court in that behalf appears, and with the conditions of which said recognizance the said A. B. has not complied. Hereof fail not, and make return of this writ within the said space of ninety days, with an endorsement thereon, as to the manner in which you may execute the same.

12. Fieri facias, for fine and costs, in criminal cases.

To the sheriff of said county, greeting:

We command you, that of the goods and chattels, lands and tenements, of A . B. in your county, and also of all such real and personal estate as belonged to him, on the day of A. D. , (the date of the indict ment, or arrest, as the case may be) you cause to be made the sum of dollars, the amount of a fine late ly assessed against him in the circuit court of said coun tv, at the suit of the people of said state, and also the further sum of dollars, which was adjudged to the said plaintiffs, for their costs and charges in that behalf expended ; and have that money ready in ninety days from the date hereof, to render to the said people, and

forms of the

fine ando p T ay be en(l(,ed ,lleret0- for their A H c aforesaid : it appearing to us that the said A. 13. was arrested on the said day of A. D

oi, an indictment preferred against him on the ' day-

’ ? l0r the crime of , whereof he wn*

Zrt’ andrfi-0?,d as aforesaid as appears to us of re-

“ It ,Here?[ "at, and make rlturo of this unit r ithiu (;le said space of ninety days, and endorse there-

’ nc manner m watch you may execute the same. i->. Form of a capias pro fine.

rrr s! eiiU oi Siiid county, CTcotino’*

We command you, that you take A.B., ifbfXft

Sound in your county, and him safely keep, so that vou

f”“> 'f,VC ,)‘>d3' before the circuit court of said coun- on .he first day of the next term thereof; to be hoid- !, th® court bouse in , on the Monday in he ToT ‘° the Peopie °f the said state

j c. dollars, which was at the same time ad.

!'ld;'1,t0,th|e.said plaintiffs, for their costs and charges i - t iru behalf expended, whereof the said A. B. is con- vtcied, as appears to us of record. And have vou then there tms writ, a fid make return thereon, in what man ner you execute the same.

14. Form of a fieri facias for costs.

w . ihe sheriff of said county, greeting-

We command you, that of the goods and chattels' ands and tenements of A. B., in your county, you J o be made die sum of dollars, which to C. D ] was hit Iv adjudged in the circuit court of said county for his costs and charges about his defence in a certain acti- on of against him, at the suit of the said A. B. in o,,r .aid court sustained; whereof the said A. B. is convict ed, as appears to us of record: and have that' money rea dy m ninety days from the date hereof, to render to the

Circuit Court.

said C. D. for bis costs and charges aforesaid. Hereof fail not, and make return of this writ in the said space of ninety days, with an endorsement thereon, as to the I manner in which you execute the same.

15. Form of a. venditioni exponas execution*

To the sheriff of said county, greeting:

Whereas, by our writ of fieri facias, we lately com manded you, that of the goods and chattels, lands and tenements of C. D.,in your county, you should cause to be made the sum of dollars debt, and dollars costs, which A. B., lately in the circuit court of said county, recovered against him, as by the records and proceedings of the said court in that behalf appears: and you having made return on that writ, that you had taken by virtue thereof, the following goods and chat tels of the said C. D., to wit; (here describe the pro perty levied upon;) which said goods and chattels re mained in your hands unsold, for want of buyers: We, therefore, command you, that you sell, or cause to ne gold, the said goods and chattels of the said C. D., by you in form aforesaid taken, without delay; and have that money ready in ninety days from the date hereof, to render to the said A. B. for his debt, and costs afore said. Hereof foil not, and make return of this writ in the said space of ninety days, with an endorsement thereon, as to the manner in which you execute the

same.

16. Venditioni exponas for part, and fieri facias for the residue.

v To the sherilF of said county, greeting:

Whereas, by our writ of fieri facias, we lately com manded you, that of the goods and chattels, lands and tenements of C. D., in your county, you should cause to he made the sum of dollars damages, and dollars costs, which A. B. lately in the. circuit court of said county, recovered against him, as by the records and proceedings of the said court in tnat behali, ap

FORMS OF the

pears: and you having made return on that writ, that you nad taken by virtue thereof, the following goods and chattels of the said C. D., to wit; (here describe tne property levied upon;) which are insufficient for the disc mi ge and satisfaction of the damages and costs a- foresaid ; and which said goods and chattels remained in jour hands unsold, for want of buyers: We, therefore command you, that you expose to sale the goods and’ chattels of the said C. D., by you in form aforesaid tak en (or the best price that can be obtained for the same- and also that yon cause to be made the residue of the su. amages and costs, of other goods and chattels, lands and tenements of the said C. D., in your county; ?,nd hhje tuose sums of money ready in ninety days from the date hereof, to render to the said A. B. for his da- mages and costs aforesaid. Hereof fail not, and make return of this writ in the said space of ninety days, with a, i endorsement thereon, as to the manner in which you execute the same.

17. Form of the writ of execution on ajudgment of conviction in a case of capital punishment.

To the sherifTof said county, greeting: v hereas, A. B. hatn lately been indicted of the crime , by him done and committed, in the circuit court °! said county, and hath been arraigned, tried and con victed thereof, m due form of law; and whereas, judg ment hath been given in our said court, that the said A shall be hanged by the neck until he is dead ; arid that ext cuhon q/ the said judgment he made and done, upon

the said A; 6. on AY ednesday, the day of . A. D.

. , ’between the hours of " in the morning, and '

in toe ey ening of the same day, at some convenient place

10 " :i(i .vl.nU7 oi ’ in sai(J county, in the usual man ner ot inflicting punishment in such cases; and where-

execm i° f of the said se"terce remaineth yet to be done: VVe, therefore, comma id you, that you take, and convev the body of the said A. P, in safe custody, to the place of execution, on the said day, between the

Circuit Court.

h.Gurs aforesaid, and that you then and there, cause ex ecution to be done upon the said A. B. in your custody so being, in all things according to the said judgment. And this you shall in no wise omit at your peril; and make return of this writ, with an endorsement thereon, as to the manner in which you execute the same.

1C. Attachment against a witness, for a contempt.

To the sheriff of said county, greeting:

We command you, to attach A. B., il ' e "hall found in \our county, and him safely keep, so that you mav have his body before the circuit com i ot Stfid ( can ty, on the first day of the next term thereof, to be hold er at the court house in , on the Monday it: the month of next, to testify, and the truth to speak, in a certain cause now depending and undetermined in the said court, wiierein C. D. is plaintiff and E. 1 . de fendant, in a plea of trespass oh the case, on promises, on the part of the said defendant; and also to answer for his contempt to the said court, for having failed to attend as a witness in the said suit, at the la*e term thereof, when lawfully summoned at the instance ot t ie said E. F. for that purpose. And have you then and there this writ, and rime return thereon, in what man ner you execute the same.

19. Form of a mittimus.*

To the sheriff of said county, greeting.

Whereas, A. B. hath lately been indicted in the cir cuit court of said county, of the crime of - , by him

done and committed, a d hath been arraigned, tried and convicted thereof, in due form of law; and where as, judgment hath been gire n thereuoo- in our said cir cuit court, that the said A. B. should make his fine to the people of said state, in the sum of dollars, and also pay the costs of the said prosecution against him,

is proper that every mittimus should have expressed up on its face, the cause for whickthe comrnitmeut is made.

/

i'

H I.

I' 4- Jr

MM f

mm

yU

5Rms Of The

which amount to the further sum of dollars; and also that he the said A. B. should stand committed, until the said tine and costs should he paid as aforesaid ; and wheieas, execution of the judgment remaineth \et to he done: We, therefore, command you to take, and imp i ison the said A. i>. in the common jail of said coun* tj, and him safely keep in your power and custody, un til lie shall pay the said fine and costs, of his own ac cord, or shall be thence discharged by due course c£ law.

28. Sheriff's Returns .

1. Return of cepi corpus, to a writ of capias ad respondendum.

I have taken the within named C. D., whose body I have ready, at the day and place within mentioned, as within I am commanded. A. B. Sheriff, &c.*

2. Return of non est inventus.

i nc within named C. .0. is not found in my county®

3. Return of the levy of a writ of attachment.

By virtue of the within writ to me directed, I have attached the following described goods and chattels, of the within named C. D., to wit; (here describe the property attached;) which I have safe in my custody, as by the said writ I am commanded; I have also sum moned ttiQsaid E. F., as garnishee, to appear and an swer, t>n the day, and at the place aforesaid, as by the same writ I was also directed.

.

*Each of the returns classed under this head, should regu larly signed by the sheriff, or officer executing the writ, who should also state at the end of his signature the name of the county and state, of which he is sheriff, &c. The most usual way is to insert the initials only ; as when for instance, the officer is the sheriff of Randolph county, it will be sufficient for him to sign his name thus A. B. sheriff, R, C. Ill,

V'

iRCtnT COURT.

4. Return of scire leci, to a writ of scire facias.

By virtue of this w rit to me directed, i have sum- mo ed the within named C. D., to appear at the day and place within mentioned, to show, to. as by tae said writ he is required, and as within l am commanded.

5. Scire feci as to one, and nihil as to the otner.

By virtue of this writ to me directed, I have sum* moned the within named C. D., to appear at the day and place within mentioned, to show, to. as by die said w rit be is required, and as 1 am within command ed; but the within named E. F., is not found in my

county.

6. Return of a summons, or subpoena, when executed.

B' virtue of this writ to me directed, I have sum moned the within named C. D., to appear at the day and place within mentioned, to answer, to. (or to tes tify, to. if a subpoena,) as by the said writ he is requir ed, and as within I am commanded.

7. Return of rescue, when a person is in custody, and is for cibly rescued.

Bv virtue of this writ to me directed, I took and ar rested the within named C. D., according to the exi- ge Cy of the said writ, arid him safely kept in mv cus tody, until G. H. and L. M., of said county, and divers other persons to me unknown, on the day of , A. D. , at the county aforesaid, with force and

arms, assaulted and ill-treated me, and then and there forcibly rescued the said C. D. from, and out of my custody; and afterwards the said C. D. is not found in mv county, so that I cannot have his body, as within I am commanded.

8. Return of fieri feci.

Bv virtue of this writ to me directed, F have caused to be made of the goods and chattels of the wit Ivin named C. G., the debt, (or damages,) and cots within

K

FORMS OF r£HE

no

mentioned; which 1 have ready within the time speci- lied in said writ, to render to the said A. B.; for his debt and costs aforesaid, as within I am commanded.

9. Form of the return of nulla bona.

The within named C. D. has no goods or chattels, lands or tenements, in my county, whereof I can cause to he made the damages, (or debt,) and costs within mentioned, or any part thereof, according to the exi gency of this writ.

10. Fieri feci as to part, and nulla bona as to the residue.

¥

By virtue of this writ to me directed, I have caused to be made of the goods and chattels of the within named C. D., the sum of dollars, which I have rea dy within the time specified in said writ, to render to the said A. B. in part of his damages, (or debt,) and costs within mentioned: And I further certify, that the said C. D. has not any other goods or chattels, lands or tenements in my county, whereof I can cause to be made the residue of the damages and costs aforesaid, according to the exigency of this writ.

11. Fieri feci, anti that the sheriff has paid a part of the sum levied, to the landlord for rent.

Bv virtue of this writ 'o me directed, I have caused to be made of the goods and chattels of the within named C. D., to the value of dollars; and I further certify, that I have paid to IJ, F., the landlord of the premises on which the said goods and chattels were ta ken, the sum pf dollars* for so much rent due to him for the said premises, for the term of months, com mencing on the day of , EX ; and end ing the dav of , A. D. ; and the remaining sum of dollars, I have ready, to render to the said A. B. for his debt and costs aforesaid, as within I am commanded.

12. Return of nulla bona testatoris.

The within narrvd C. D. hath no goods or chattels, which were pf the within named E. F., at the time of

circuit court.

11, V

his death, in his hands to be administered, in my com- tv whereof ! can cause to be made the debt and costs within mentioned, or any part thereof, as within 1 at

oommanded.

If! Return of nulla bona testatoris, with the suggestion of a 13. Return nu tUe administrator.

The within named C. D. lias no goods or chattels, which were of the within 'named E. b., at the time of his death, in his hands to be administered, in my conn- tv- but divers goods and chattels, which were of Ue said E. F. at the time of his death, to the value of he debt and costs within mentioned, after tne dean o said E. F.. came to the hands ol the said t . L. to . - administered; which said goods and cl.atlels the stud C D. hath, before the coming of tms writ to me, v ast ed.and converted to his own use, as I am informed.

14 Return of the sheriff, where goods are taken, and remain 1 ' in his hands unsold for want of buyers.

Bv virtue of the within writ to me directed, I have taken the following described goods and chattels of ne said C. D.,to wit; (here describe the property levied upon) which are of value suffieientto sat sly the said. A. B. of his damages and costs within mentioned, "hie coods and chattels remain in my .hands unsold, (or w ant of buyers; therefore 1 cannot have that money ready within the time- specified in said writ, to render to ..e pai:) A. B. for his damages and costs atoresavd, as w itn-

in I am commanded’.

Note.— To attempt to give the form of a return in every case where a sherifFrnay he called to act, would be impossi ble as the return must conform to the circumstances of each case and the exigency of the writ; 1 have given as many , mu of asgreat a variety, as the limits which I have prescribed to irvseff in the present work, will admit, by a proper attention tcrvvhich, an officer will scarcely be at a loss to make a .oun that will answer in any ordinary case, wherein it may become his duty to make one. Great care shomd always be taken to make the return a true answer to the commands of the writ.

Forms

Of

Writs And Proceedings

In The

County Commissioners’

Court.

Form of an ord®r t0 appoint an agent of the county com- rmssioners court, to build a bridge, jail, &c.

Ordered, that A. B., C. D. and E. F., be appointed agc„£ol the county of , (0 contract for building c jai! of the following description and dimensions, to if Rerc insert the description.) And they the said A. B..

, u‘ ai:d F-/' v are hereby vested with full power and aulitori;)-, on behalf of said county of 1 , to enterin- to a written contract with such persons as may offer to build the said jail at the lowest price, binding the said county of , to the payment of such sum of money

as may, by such contract, be agreed to be paid there- lor, o£c. 1

Form of contract for building, See.

t ’

This memorandum of an agreement, between the

“T'y ?/ , i made By A. B.,C. D.and E. F., agents on behalf of said county* of the first part, and M. P., of tlie second part, witnessed : That it is agreed between the said county of , and the said M. P., as follows, to wit: That the said M. P. shall build, finish and com plete a jail for said county, on the public square, Sic.-, ar d shall deliver the same in a finished condition to (he county commissioners’ court of said county, on or be-

BOUNTY commissioners’ gourt.

Its

fore the day of ,A.D.' . The said jml,

when completed, shall he of the following description and dimensions, to wit:'(here insert the descnption as in the order of court.) And on the part of the county of it is agreed, that when the said jail shall be

completed undelivered in the manner above men tioned, the said M. P. shall he entitled to receive of the said couSty, the sum of dohars.

In testimony whereof, the said A. B., C. D. and L. I ., agents on the part of said county, and the said M. I have hereunto set their hands and seals, this day tlVe year of our Lord one thousand, eight

hundred and

Advertisement of estrays.

State of Illinois, gct< County of . $

in

Taken up, by , living in the township of , said county, on the day of ,A. D. , one

bay horse, years old, ' hands high, &c. appraised before me, by A. B. and C. D , at the sum of dollars. Given under my hand and seal, this

A true copy from my stray hook.

Attest, L. S. Clk . C. C. C. JL c.

Writ of ad quod damnum. (See revised code of 1827. p.

297, sec. 1 and 2.)

State of Illinois, ) ac .

county, $ . .

The people of the state of Illinois,

To the sheriff of said county, greeting:

We command you to summon twelve good and law ful men of your county, to meet at , (here insert the place, describing the land,) on the day o , A D. , as jurors, to enquire and ascertain the dam- aces which V. F. and others will sustain, by reason of a mill and mill dam, about to be built on the said land, by K2

u

Forms Of The

h

l i'

one A. B. ; and also that you make due return of the mquismon of the said jury, and of this writ.

Witness, E. S. Clk of fyc,

notice to the owner of the opposite land. (See revised code

of 1827, p. 297, sec 1.)

i o E. f . Bake notice, that I will, on the day

°. , ’ aPpij t° the county commis

sioners CQUrt of county, for a writ of ad quod dam num, to enquire and ascertain what damages you and otners may sustain, by reason of a certain mill and mi H darn, which I am about to erect on the creek, at, u;c. (here describe the place.) A B

May , A. D.

Oath of the jury.— .(Rev. c. 1827.— p. 298.)

Ion, and each of you, do solemnly swear, that you wdi impartially and to the best of your skill and judg- view the lands in the writ of ad quod damn uni de- st noeu, and the lands above and below the Proposed uam, and ascertain the damages which E- F. will sus tain, by reason of a mill dam about to he ejected by A, n., and that you will locate and set apart by metes and bounds, so much lands as you shall think necessary, not ex< ending three acres, for the purpose of erecting such dam. liaving due regard, in such location, to the inter est of both parties; and shall appraise the same at its iruevaiue: also, that you will examipe. the lands of o- persons, which. ®ay proba% 1)e overflowed by the erection of such da&fcfafcihat ydu will enquire what damage- each other person may sustain thereby. So

[3 he reduce the oath to writing, and certify

and return it to court.] y

inquisition of the jury.*

We, of the jury, being-sworn and charged by the she- ™ 01 county, having met upon the land in the writ

s

County Commissioners Court.

also examined. th< p o ably be overt1 C. D. wiil snstaii erectis gibe same".

in dollars dan. ages, by reason of That no dwelling house, out house,

garden or orchard will be overflowed oy the sain damj a d that the health of the neighborhood wiil not be in juriously afiecte'd by such overflowing. These calcu- h. ions are made upon the presumption, that said darn shall not be built more than feet high, above the bed of the stream.

[This inquisition must be signed by all the jurors.]

Notice to owner. (Rev. c. 1827. — p. 298. sec. 4.)

To E. F.— You are hereby notified to appear before the county commissioners’ court for county, to be holden at the court house in , Gn the Monday of next, to shew, cause, if any you have, why leave should not be granted me to build a mill and mill dam on , at (here insert the place.) A. B.

Jtpry

To the sheriff of said counfyyg*eeting:

We command you, that you summon A E$C. jp.,E. F., Sc c. to appear before the circuit ourt for said coun ty, to be holden at the court house fn the town of , on the Monday in next, to serve at the said court as a peti (or gra id) jury, they having been se lected by the county commissioners’ court of said coun-

Forms Of The

Iis

lj, for that purpose; and also that you make due re turn of this writ.

ituess Ij. S., clerk of the county com mis- [L. S.] sioners’ court tor said county, at , this day of , &c. L. S.

Marriage license. (See revised code of 1827, p. 289, sec. 5.)

State of Illinois, ) . .

county,

The people .of the state of Illinois,

To any person lawfully authorised to sol emnize marriage, greeting:

Tou are hereby licensed and permitted, to celebrate ar-d certify the litesot marriage between Mr, L. S. and Miss M. S., the consent of P. S., father of said M. S., having been obtained for that purpose. And for so do ing this shall be your sufficient warrant.

Witness A. B., Clk. C. C. C. M. C. &c.

Certificate of redemption of land sold for taxes. (Rev. code

. 1827.— p. 334.— sec. 26.)

State of Illinois,) §A

. t ss.- county, 5

I, . M., clerk of the county commissioners’ court of said county, do hereby certify, that A. B. has this day paid into the county treasury of said epunty, the sum of

dollars, being double the amount of the tax for which "the (here describe the land,) was sold by the she riff of said county, on the day of , 183 " , for the

purpose of Redeeming the same.

In testimony whereof, I have, &c.

Quietus to sheriff. (Rev. c. 1827, p. 373, sec. 9.)

State of Illinois,) - ;

county, i

J, A. B., treasurer of the county of , do hereby certify, that C. D., sheriff elect of said county, has duly paid over into the treasury of said county, all moneys

County Commissioners’ Goi5Wt.

with which ho stands charged, and which he ought to have collected for said county.

!„ testimony whereof, 1 have, &c.

[This form may bo suitably varied for tlic auditor.]

Certificate of magistracy.

State of Illinois,

ss.

I t,y 5°Uckrk of the county commissioners’ court, for said county, do hereby certify, that A. B., whose name appears to the foregoing certificate, was, on the day the same was made, an acting justice ot the . peace, in, and for the said county, regularly commissioned and qualified, and that as such, full faith ami credit are, and of right, ought to be giver, to all his cfhcial acts.

In testimony, fee.

Com, tv commissioners’ certificate, certifying that IV. S.

J wascleni.

State of Illinois) county, S

We A. B. and C. D., two of the county commission ers of’ said county, and judges of the county c<n-mw- sioners’ court of said county, do hereby ceiti(y,u,a, . S„ whose name appears to the above certificate, was on tVe day the same was made, the clerk of he county commissioners’ court of said county, retilarly appoint ed and qualified: and- that his said certificate is in due

form of law. „

In testimony whereof, e, tec.

Bond to be given by free negro. (Rev.c 1829, p. 109, sec. l.i

Know all men, fee. that we, A., and A. B.. are, fee. unto the people of the state of Illinois, ;fpr the use of county, in the penal sum of one thousand dollar?, to

which payment, fee. . . , ,

T’he condition of the above obligation is such, that

whereas, the above named A. is a free person of colour,

Iis

E©ftMS ©F XI4E

and is desirous of settling in said county: now, if the sam A, shall not at any time become a charge to said county, or any other county of this state, as a poor per son, and if he shall at all times demean himself in strict conformity to the laws of this state that now are, or hereafter may be, enacted; then this obligation is to be void; otherwise to remain in full force and virtue.

Weights and measures.

Notice is hereby given, that the county commission ers court of county, have furnished and provided for said county, one measure of one foot; one measure oi ttiree feet; one gallon, liquid measure; one measure

? T'J ?Ua,rtj °.ne anc* measures; also one "f" bushels dry measure; and one gallon, dry measure also one pound weight; one half, one fourth,one eighth a ‘d one sixteenth of a pound weight averdupoise; arid that all persons having or using such weights and meas ures, can have the same examined and sealed, upon application to the clerk of said court.

By order of the court, Nov. , A. D.

w. s.. cik. a a a k a

A

Forms

Of

Writs And Proceedings

In The

Court Of Probate.

Form of a will.

In The Name Of God, Amen.

I, A. B., of the county of , being weak in body, but of sound mind and memory, do make, ordain and establish this to be my last will and testament, hereby revoking all others; and I do hereby appoint C. D., to be the executor of this my last will and testament.

1. It is my will that all my just debts bepaid; that sufficient of my personal property be sold for that pur pose. If mv personal properly should be msumcien ,ir. is then my will, that my executor shall sell a certain tract of acres of land, situate in county, and know a.

as the (here describe it.) # ,

2. After the payment of all my just deota, and fu neral expenses, I do hereby devise and bequeato to - mv beloved wife, the farm and improvements thereon, on which I now live, known as (here describe ib) dur ing her natural life; to take the issues and profits there of, After her death, I bequeath and divide all my right, title and estate, of it, and to said farm, to my son

F., to have and to hold the same to him and Ins neirs and assigns forever. I also bequeath and devise a cer tain other tract of la- d, situate in county, known as (here de rribe it.) to mv sons G. PL, L and my daughters K. L and N.,in equal parts; to have and to hold the same uuto them and their heirs and assigns

forever.

forms of the

To my son G. H., I give five hundred dollars.

I o my son I.J., I give five hundred dollars, iomy daughters, I give five hundred dollars each, i o my iyj.e, I give all ,ny househoM and kitchen fur- suture, and five hundred dollars worth of other proper- tj, to be selected by her.

Fa my son E. F ., I give five hundred dollars.

It is my will that the above mentioned sums of mo- ney oe paid to my sons respectively, whenever they ar rive a „ the age of twenty-one years; and to my daugh- ters, so soon as they may arrive at the age of eighteen years. If either, or any of my sons or daughters shall die oe.ore they arrive at those ages, it is then my will that toe portion of personal property alloted to each so a or daughter, shall be added to the residue of my es- lam and with that be distributed among mv heirs ac cording to the law of descents.

If my son E. F., iiall die without children, before my beloved wife, I do, in that case, bequeath and de- Vise tae tract of land situated in county, and known* as (hare describe it as before,) to mv other sons a id daughters in equal parts, to he divided among them, and r.o their heirs and "assigns forever.

In testimony whereof, f have hereunto set my hand and a. fixed my seal, this day of , in the year of our Loro one thousand, eight hundred and

i , , A. B. [L. S.d

digued and acknowledged before us.

O. P.

Q. R.

B. T.

% .

Proof.

ate of Illinois, At a court of probate for said county. J county, held at the court house 10 9 on the day of , A. I).

This da y personally appeared before me, J. S., judge °; Pr°hate, in, and for said county, in ooen court, the ao/e named O. P. and Q. R., two credible witnesses, who being by me duly sworn, on their oaths, depose

tfOWRT OF PROBATE.

and say, that they were present, and saw the above named A. B. sign the above last will and testament iti their presence; that they believed and still believe, that the said A. B. was of sound mind and memory, at the time of signing the same; and that they attested the signing of said last will and testament, in the pres ence and by the request of the said A. B., and in pres ence of each other.

In testimony whereof, I have hereunto set

[L. S.] my hand, and affixed the seal of said court, this day of , A. D.

J. S., Judge of probate .

Note. — If the will was not signed by the deceased himself, but by some person for him at his request, and acknowledged by him, then the proof will be as follows :

State of Illinois,) , At a court of probate for said county. S county, held at the court house

on the day of , A. D.

This day personally appeared before me, J. S., judge of probate, in, and for said county, in open court, tue. above named O. P. and Q. R., two credible witnesses, who being by me duly sworn, upon their oaths do say, that they were present at the signing of the above will, and that the said A. B. directed Mr. to sign the same for him; and the same being signed in his pres ence, was acknowledged by the said A. B. to be his own act and deed; and that they then believed, and still believe, that the said testator, at the time of ac knowledging the same, was of sound mind and mem ory, and that they attested the acknowledging of the said last will and testament, in the presence, and by the request of the said A. B., and in the presence of each other.

In testimony, &c. (See 2d revised code, p. 192, sec.

2.)

Note. — Codicils are supplements made subsequently to the will, and require the same form of proof.

Eorms Of The

Subpoena for witness. (2d rev. code, page 192, sec. 3.)

sd ss yd '

Slate of Illinois county

The people of the state of Illinois,

To the sheriff of county, greeting;

You are hereby commanded to summon O. P., in your county, to appear before the court of probate, to be held in, and for said county of , on the day of , then and there to testify the truth of, and con cerning the execution and validity of the last will and testament of A. B., deceased, to which his name ap pears as a subscribing witness. And have you then and there this writ.

rT qi Witness J. S., judge of probate, at , this j day of , 1 8 .

Dedimus. (2d rev. code, page 192, sec. 4.)

To J. L., a justice of the peace, in, and

for county, state of , greeting:

Whereas, the annexed last will and testament has been produced to the court of probate of said county of , for probate thereof: and it is suggested that O. P., one of the subscribing witnesses to the same, is to be found in county, and state of : You are, there fore, hereby authorised to take and certify the attesta tion of the said O. P., if to be found in your county, to the said last will and testament, in due form of law ; and to make return thereof to this court.

In testimony whereof, I, J. S., judge of probate for said county of , have, &c.

Note. — The proof required by the foregoing dedimus must be in one of the following forms; both of which should accorur pany the dedimus, as an instruction to the commissioner.

No. I

State of ,) county,}

In pursuance of the authority in me vested, by the annexed dedimus, I, this day, caused personally to come

Court Of Probate.

Wore me, a justice of the peace of said county, at , in said Ton n tv , the said O.P., who being duly sworn, on his oath did say, that the said A. B. signed and pu - lished the writing annexed to SW ded.mus, as h,s hut will and testament; that the said testator, at the time of signing and publishing the same, was ot sound mind and memory, and that the said O. P. subsen bed h.s name as a witness thereto, in the presence ot the said

"1 under my WuUnd seal, this day of ,

18 ’ ' No. 2.

State of sg>

In pursuance of the authority in me vested, by the annexed dedimus, I, this day, caused personally to come before me, a justice of the peace of said count), the. c O. P., who after being duly sworn on his oath, did say, that he was present at the time when the writing an- nexed to said dedimus, was signed and PbllsJ®d> as the last will and testament ot tne said A. that . signed th*name of tbo said A. B. thereto, by too direction of the said A. B.fand in the presence of the said O. P.; that the said A. B., at the time the same was signed and published, was of sound mind and me mory! and that the said O. P. subscribed his name as a witness thereto, in the presence of the said tesla.oi , and

at bis request.

Witness, &c.

Notice to heirs ami legal representatives of testator or ' testat rix, of the issuing of letters testamentary, on a nu p

ive will, by judge of probate. (Revised laws 1829, page I.j, sec. 9.)

State of Illinois,) Probate court, day ot

County of ,<j . ’I8 ‘A r r n

Tbe people of the state of Illinois, to A. L>., G. j E. F., and G. H., heirs and legal representatives of J. K., deceased: Take notice, that a nuncupative will ol the said J. K., has been duly proven and recorded in ms

forms of TH£

o ce, and that letters testamentary will be granted

lereon, (o L. M., on the day of next, unless

sufficient cause be shewn to the contrary. You, and

euca o! you are, therefore, hereby cited and notified to

appear before said court, to be bolden on the day and

year aforesaid, at my office at , to shew cause, if any

1 u. j3n’ w V such letters should not be granted to the Siilu Li. lVl.

Witness J. S., judge of probate, Sic,

Note —K the heirs and legal representatives live out of the

p“pe?.o Z Ittl D°tiCe “USt b£ PUbii8hed in Some “W

Attachment to compel production of will. (Rev. law 1829 n

197, sec. 18.)

w . To the sheriff of said county, greeting:

eieas,it is represented to the court of probate, in, and for said county, that A. B., deceased, caused his hist will and testament to be placed in the possession of C. U. lor sale keeping; (orthat the same has fallen in- to Ins possession, as the case may be,) and that the said u. iaiib and reuses to deliver up the said last will to the court oi probate of said county: We, therefore command you to attach the body of the said C. D.,and bung him before the judge of probate, at his office at

, on the day of next, to shew cause, if any he can, why he should not he fined and imprisoned for so failing and refusing to deliver up said last will and

testament of the said A. B. And hereof make return as the law directs.

Witness J. S., judge of probate, Sic.

Oath of executor or administrator. (Rev. law, 1829 p 599

sec. 26.) ’ ,y'

I do solemnly swear, (or affirm,) that this writing con- tams the true last will and testament of the within nam ed A. R., deceased, so far as J know or believe and that 1 will well and truly execute the same, by paying

COURT OF l’ROBATE*

12j

first the debts, and then the legacies mentioned there in as far as his goods and chattels will thereunto ex tend, and the law charge me; and that 1 will make a true and perfect inventory of all such goods and that- tels, rights and credits, as may come to my hands Oi knowledge, belonging to the estate of said deceased, and render a fair and just account of my executorship, when thereunto required by law, to the best ol my knowledge and abilities. So help me God.

Bonil of executor. (Rev. law, pp. 199-200, sec. 2..)

Know all men, &c. unto the people of the state of Illinois, (penalty a sum double the value of the esta e.

The condition of the above obligation is such, that if the the above bound A. B., executor of the last wi t

and testament of G. H., deceased, (or administrator with

the will annexed, of G. II., deceased, as the case may be,) do make, or cause to be made, a true and perfect inventory of all and singular the goods and chattels, rights and credits, lands, tenements and hereditament , and the rents and profits issuing out of the same, of tut said deceased, which have, or shall come to the hands, possession or knowledge of the saul A. B., or into t possession of any other person for him, and the same so made, do exhibit in the court of probate for the said county of , as required by law ; and also make, ana render a fair and just account of bis actings and doings, as such executor, (or administrator,) to said court, w men thereunto lawfully required, and to well and truly fulfil the duties enjoined upon him in, and by the said will; and shall moreover pay, and deliverto the persons enti tled thereto, all the legacies and bequests contained in said will, so fap as the estate of the said testator will thereunto extend, according to the value thereof, and as the law shall charge him; and shall, m general, do all other acts which may from time to time be requires of him by law; ,&c.

' L 2

Vorm 8 Of Tiie

Letters of administration to collect. (Rev. law 1829, pp.

201-;!, sec. 31.)

The people of the state of Illinois,

t o all to whom these presents shall come, greeting:

know ye, that whereas A. B., late of the county of , . , a,"d fate ef fll|nois, deceased, as it is said, had, at . (,,r ,]e0. decease, personal property within this state, „ fdJmiIUlratlon wl!ereof mnot be immediately

El'io',edrl° thf perS°nS hy law entitled thereto, but which, if speedy care be not taken, may be lest, de-

stroyed or diminished; to the end therefore, that the same may be preserved for those who shall appear to have a legal right or interest therein, we do hereby re- quest, and authorize C. D, (and E. F., if two shall be ap pon.ted,) of the county of and state aforesaid, to o ect arid secure the said property, wheresoever the same may be in this state, whether it be goods, chat tels, debts or credits, and to make, or cause to be made, a true and perfect inventory thereof, and to exhibit the same, with all convenient speed, to the court of probate

,coullt? of. together with a reasonable account of his collection, acts and doings in the premi-

Z ttrCSf YUrT G- H-’judSe probate, in Z

for the said county of , at his office in , this dav of , A. D. 18 .

G. H., judge of probate.

Bond of administrator to collect. (Rev. law 1829, pp. 202

k?}°w all metv&c. unto the people of the state of oi hlmoiS, in tue penal sum of

i he condition of the above obligation is such, that if tae above beunden C. E>. shall well and honestly dis- charge the duties appertaining to his appointment as administrator to coilect of the estate of A. B., late of t ie county of , deceased; and shall make, or cause to made, a true and perfect inventory of such of the goods, chattels, debts and credits of the said deceased, as Snail come to nis or her possession or knowledge 5

gourt of probate.

12?

and the same in due time return to the office ot the judge of probate of the proper county; and shall also deliver to the person or persons authorised by the said court of probate as executors or administrators to re- ccive the same, all such goods, chattels, and personal estate, as shall come to his or her possession as afore said, and shall, in the general, perform such other duties as shall be required of him (or her) by law; then, &ic.

Oath of such administrator. (Rev. law 1829, p. 203, sec, 3o.)

I do solemnly swear, (or affirm) that I will well and honestly discharge the trust reposed in me as collector, or administrator to collect, of the estate ol A. B., de ceased, according to the tenor and effect of the letters granted to me by the judge of probate of the said coun ty of , to the best of my knowledge and ability. So help me God.

Widow’s renunciation. (Rev. laws 18.29, pp. 204-5, sec. 40.)

T, A. B., widow of C. D., late of the county of , and state of , do hereby renounce, and quit all claim to any bequest or devise made to me by the last will and testament of my said deceased husband, which has been exhibited and proved according to law; and 1 do elect to take in lieu thereof, my dower, or legal share of the estate of my said husband.

Oath of public administrator. (Rev. law 1829 p. 209, sec. 54.)

4 -r

I, A. B., public administrator, in, and for the county of and state of Illinois, do solemnly swear (or af firm,) that I will well and truly perform all such duties as may be required of me by law, as such administrat or, to the best of my knowledge and abilities. So help me God.

Bond of public administrator. (Rev. law 1829, p. 209, sec. 55.)

Know all men, &c. unto the people of the state oi Illinois, in the penal sum of five thousand dollars.

Forms Of The

i ie condition oi the above obligation is such, that wnereas, the said A. B. lias been appointed public ad ministrator in and for the said county of ; Now, if he trie said A. L., as such public administrator, shall well and truly administer all such goods, chattels, rights, credits and assets as shall come to his hands or possession, or to tne possession of any other persons for him, and which may belong to the estate or estates of any person or persons upon which administration may at any time be granted to him by the court of probate of the said county of , and do make, or cause to be made, a true and perfect inventory of the goods, chat tels, rights, credits and assets ol all such deceased per sons, the administration of whose estates shall be com mitted to aim as aforesaid; and the same so made, doth exhibit in the said court of probate, when he shall there unto be required bv law ; and do make and render a just and true account of all his actings and doings as such, in each separate estate, to the court of probate of the proper county, when required so to do; and shall in ge neral do and perform all such other duties as mav, from time to time, be required of him by law; then, &c.

Form of letters testamentary. (Rev. law 1829, p. 212, sec. 61.)

T o all to whom these presents may come, greeting :

Know ye, that whereas A. B., late of the county of

, and state of , died, on or about the day ot , A. D. 18 , as it is said, after having duly

made and published his last will and testament, a copy whereof is hereunto annexed, leaving at the time of his death, property in this state, which may be lost, de stroyed, or diminished in value, if speedy care be not taken of the same; and inasmuch as it appears that C. D. has been appointed executor in and by the said last will and testament, to execute the same; and to the end that the said property may be preserved for those who shall appear to have a legal right or interest therein, and that the said will may he executed according to the request of the said testator; we do hereby authorize

Covrt Of Trobate.

him the said C. D., as such executor, to collect and se cure all and singular the goods and chattels, rights and credits which were of the said A. 13. at the time of his decease, in whosover hands or possession the same may be found in this state; and well and truly to perform and fulfil all such duties as may be enjoined upon him by the said will, so far as there shall be property, and the law charge him; and in general, to do and perform all other acts which now are, or hereafter may be re quired of him by law.

Form of letters of administration. (Rev. law 1829, pp. 212-13,

sec. 62.)

To all to whom these presents shall come, greeting:

Know ye. that whereas A. B., of the county of ,

and state of , died intestate, as it is said, on or about the day of , A. D. 13 , having at the time of

his decease, personal property in this state, which may he lost, destroyed, or diminished in value, if speedy care be not taken of the same ; to the end therefore, that said property may be collected and preserved lor those who shall appear to have a legal right OF interest therein, we do hereby appoint C. D., of the county of , and state of Illinois, administrator of all and singular the goods and chattels, rights and credits, which were of the said A. B. at the time of bis decease; with full power and authority to secure and collect the said property and debts, wheresoever the same may be found in this slate; and in general, to do and perform all other acts which now are, or hereafter may be required of him by law.

Oath of administrator. (Rev. law 1829, p. 213, sec. 63.)

I do solemnly swear, (or affirm,) that I will well and truly administer all and singular the goods and chat tels rights, credits and effects, of A. B., deceased, and pay all just claims and charges against his estate, so far as his goods, chattels, and effects shall extend, and the.

Forms Of The

law charge me; and that I will do and perform all other acts required of me by law, to the best of my knowledge and abilities.

Bond of administrator. (Rev. law 1829. pp. 213-14, sec. 64.)

Know all men, &c. unto the people of the state of Illinois, (penalty, sum double the value of the estate.)

The condition of the above obligation is such, that if the said A. B., administrator of all and singular the goods and chattels, rights and credits of J. K., deceased, do make, or cause to be made, a true and perfect inven tory of all and singular the goods and chattels, rights and credits of the said deceased, which shall come to the hands, possession, or knowledge of him, the said A. B. as such administrator; or to the hands of any person or persons for him; and the same so made, do exhibit, or cause to be exhibited, in the court of probate lor the said county ot , agreeably to law; and such goods and chattels, rights and credits, do well and truly ad minister according to law; and all the rest. of the said goods and chattels, rights and credits, which shall be found remaining upon the account of the said adminis trator, the same being first examined and allowed by the court of probate, shall deliver and pay unto such person or persons, respectively, as may be legally enti tled thereto; and further, do make a just and true ac count of all his actings and doings therein, when there unto required by the said court; and if it shall hereaf- terappear, that any last Will and testament was made by the deceased, and the same'be proved in court, and letters testamentary or of administration be obtained thereon, and the said A. B. do, in such case, on being required thereto, render and deliver up the letters of administration granted to him as aforesaid ; and shall, in the general, do arid perform all other acts which may at anv time he required of bins by law; then, Sic,

tdUR'f OF PROBATE.

yew bond of executor or administrator. (Rev. c. 1829, p. v 218, B6G. 70.)

The condition of the above obligation is such, that

whereas, the above bound A. B., executor will and testament of J. K., deceased, (or adminis ra- tor of the goods and chattels, rights and credits, ol d. K deceased,) has heretofore executed a bond, payr tie to the people of the state of Illinois, and condition ed for the discharge of his duties as executor (or ad ministrator.) as aforesaid; which said bond bears date on the day of , A. D. : an w lereas,

order of the court of probate, made on the

a n other bond and security has been re-

quired of the said executor (or administrator:) Now, therefore, if the said executor, (or administrator,).. . well and truly have kept and performed, and shall weU and trulv keep and pertorm, the condition of the ho .d first given as aforesaid, in all respects, according to law. and shall in all respects have performed, and shall continue to perform the duties of his office aforesaid.;

then, & c.

Appointment of appraisers. (Rev. c. 1829, p. 219, sec. 78.)

T© A. B., C. D. and E. F., of the coun ty of and state of Illinois, greeting: This is to authorise you, jointly, to appraise the goods, chattels and personal estate of J. K., late oi the county of and State of , deceased so far as the same shall come to your sight and knowledge, each of you having first taken the oath (or affirmation,) here to annexed*, a certificate whereof you are to return, annexed to an appraisement bill of said goods, chat tels and personal estate, by you appraised, in dollars and cents, and in the said bill of appraisement you are to set down in a column or columns, opposite to eacn article appraised, the value thereof.

FORMS OF rjfK£

Oath of appraisers. (Rev. e. 1829, p. 220, sec. 79 )

ou, and each of you, do solemnly swear, (or affirm,) that you will well andjtruly, without partiality orpreju- dice value and appraise the goods, chattels and personal estate oi J. K., deceased, so far as the same shall come io your sight and knowledge; and that you will, in all respects, perform your duty as appraisers to the best of your skill and judgment, #

Advertisement or notice to be given by executors or admin-

are qualified as suoli- (Kev- c- of

PuMic notice is hereby given, that the undersign- ed has taken out letters testamentary of the last will and testament, (or of administration of the goods a id chattels, rights and credits, a3 the case may be,) of A, B., deceased, and qualified as such executor, (or?ad- ministrator.) All persons having claims against the estate of the deceased, are hereby notified and requir ed, to exhibit the same to me, or to the court of probate mr the county of , for settlement within nine months irom date hereof. Dated at , this day of

C. D. Executor , fyc.

INote.— If the appraised value of the estate does not ex ceed one hundred and fifty dollars, the above notice may be given by putting it up in four of the most public places in the

county:— -if it exceeds that amount, it must be published in some newspaper four weeks.

Indentures of apprenticeship of a minor, with the consent of

father, mother or guardian (Laws (827, p. 54, sec. 1.)

This indenture, made and entered into this day ol , A, i_). , between A. B., a minor, of his own

ireo will and accord, and by, and with the consent and approbation of E. F., his father, of the county of and state ol Illinois, (mother or guardian, as the case; may be.) of the one part, and G. H., of the same coun ty and state, of the other part, Witnesseth: that the said

„ -Oourt Of Prorate. 133

i m

A. B. docs, by these presents, of his own free w ill and accord, and by and with the consent of E. F., his father, (or mother or guardian,) bind himself to the said G. H., as an apprentice, to learn the art, (trade or mystery of merchant, hatter, tanner, or carpenter, or as the case may be,) to dwell with, and serve the said G. H., from the day of the date hereof, until the day of , in the year 18 , at which time the said A. B. will be twenty-

one years of age. During all of which time, or term, the said apprentice his said master well and faithfully shall serve; his secrets keep, and his lawful commands every where, at all times, readily obey ; he shall do no damage to his said master, nor, knowingly, suffer any to he done by others; he shall not waste the goods of his said master, nor lend them unlawfully to any; at cards, dice, or any other unlawful game, he shall not play; matrimony he shall not contract during the said term; taverns, ale houses, and places of gaming he shall not. frequent, or resort; from the service of his said master he shall not absent himself; but in all things, and at all times, he shall demean and conduct himself as a good apprentice ought, during the wdiole term aforesaid.

And the said G. H., on his part, does hereby cove nant and agree, to furnish the said apprentice good and sufficient diet, clothing, lodging, and other necessaries convenient and useful for said apprentice, during t e term aforesaid ; and also, shall cause said apprentice to be taught to read and write, and the ground rules of arithmetic; and shall also give unto said apprentice, a new bible, and two new suits of clothes, suitable to his condition, at the expiration of his term of service.

In testimony whereof, &c. A. B. [L. S.]

E. F. [L. S.]

G. H. [L. S.]

Indenture of apprenticeship, by judge of probate, two justices of the peace, or two overseers of the poor. (Rev. c. 1827, pp. 55 — 6, sec’s. 1, 2, 3 and 4.)

This indenture, made and entered into, this day

of , A. D. , between A. B. and C. D., over M

seers of the poor, (or justices of the peace, or judge of probate,-) in, and for the county of and state of Illinois, of the one part, and E. F., of the same county and state* of the other part, witnesseth: That the said overseers of the poor, by virtue of the law of the state of Illinois in such cases made and provided, have placed, and by these presents do place and bind out, as an ap prentice, a poor child, named , son of , of said coun ty of , who is legally settled in, and become charge able to said county, and who is proven to said over seers to be unable to maintain him, the said child, who j is now of the age of years, to said E. F., to learn ; the art, trade or mystery of , of the said E. F., af ter the manner of an apprentice, to dwell with, and serve the said jE; F., from the day of the date hereof, J until the day of , A. D. ; at which time the said apprentice will be twenty-one years of age. Dur ing all of which time or term, the said apprentice his said master well and faithfully shall serve; his secrets keep, and his lawful commands, every where, and at all times, readily obey: Fie shall do no damage to his said master, nor knowingly suffer any to be done by 'others: He shall not waste the goods of his said master, nor lend them unlawfully to any: At cards, dice or any, other unlawful games, he shall not play ; matrimony/he'* shall not contract, during the said term; taverns, ale houses, or places of gaming, he shall not frequent or resort: From the service of his said master, he shall not absent himself; but in all things, and at all times, h.e shall demean and behave himself as a good and faithful apprentice ought, during the whole term afore said.

And the said E. F. binds himself to cause said appren tice to be taught to read and write, and the ground rules of arithmetic; and shall also give unto said apprentice a new bible, and two new suits of clothes, suitable to his condition, at the expiration of his said ttm of ser- . vice. In testimony, &c. A. B. fL. S.

C. D/[L. S. j ,E. F. [L. S.J

/

Forms

Of

Writs And Proceedings

In The

J Ustice S’ C O U R 1

Civil Cases .

Summons. (See Rev. c. 1827, p. 260.)

To any constable of said county, greeting .

You are hereby commanded to summon A. B., to appear before me at , on the day of , at o'clock, , to answer*the complaint of C. D., for a failure to pay him a certain demand not exceeding one hundred dollars; and hereof make due return as the law directs. Given under my hand and seal, this day of , A. D. . J. D. J.

Capias. (See rev. c. 1827, p, 261, sec. 4.)

To any constable of said county, greeting;

You are hereby commanded to take the body of and bring him forthwith before me, unless special bail be entered; and if such bail be entered, you will then command him to appear before me at , on the day of , at o’clock, , to answer the com plaint of A. B., for a failure to pay him a certain de mand not exceeding one hundred dollars: and hereof make due return as the law directs. Given under my hand and seal, this day of , A. D. . J.D. /. P. M 2

Forms Of The

Special bail. (See rev. c. i827, p. 261, sec. 4.)

I, G. F., acknowledge myseif special bail for the within named C. D. Witness my hand, this day of , A. D, . G. F.

Subpoena for a witness. (See rev. c. 1827, p. 264, sec. 17.)

To A. B.:

You are hereby commanded to appear before me at , on the day of , at o’clock, , then and there to testify the truth, in a matter in suit, where in C. D. is plaintiff, and E. F. defendant; and this you are not to omit under the penalty of the law7. Given under my hand, & c. J. D. J. P.

Subpoena duces tecum.

We command you, that you summon A. B., to ap pear before the undersigned, a justice of the peace, in, and for county, at , on , and that he bring with him a certain writing, (here describe it,) in his possession, as it is said, to be Used as evidence in behalf of C. D., m a certain suit, wherein C. D. is plaintiff, and E. F. is defendant; and have you then and there this writ. Given under my hand, Sic,

Venire. (See rev. c. 1827, p. 265, sec. 21.)

To any constable of said county, greeting:

We command you to summon lawful men of your county, to appear before me, at ,on the day of , A. D. , who are not of kin to plain- tiff, or to defendant, to make’ a jury between said parties in a plea of .because as w7ell the said plain tiff as the said defendant, have put themselves upon the country for trial; and have you then and there the names of the jury, and this writ. Witness my hand and seal, this day of ,A.D. . J. D. J, P,

justices’ court.

\uPTcnt for a juror or witness. (Rev. c. 1827, p.205,

sec. 22.)

We command you, that you forthwith bring the body of A. B., before the undersigned, a justice of the peace, in, and for county, at , to show cause why he should not be fined fora contempt by him committed, in not appearing before the said justice as a witness (or juror,) after being duly summoned arid called for that purpose; and have you then and there this writ. Given under my hand, &lc.

Fieri facias. (Rev. C. 1827, p. 267, sec. 27.)

To any constable of said county, greeting:

We command you, that of the goods aflFchatieis c,\£ A. B., in your county, you make the sum of dollars and cents debt, and dollars and cents costs, which -C. D. lately recovered before me, in a certain plea against the said A. B. ; and hereof make return to me within seventy days from this date. Given under my hand, &c. J. D. J. P .

Fieri facias to a foreign county. (Rev. c. 1827, p. 267, sec. 28.)

Whereas, a writ of fieri facias has been issued and delivered to , a constable of county, on a judg ment recovered before me, in favor of A. B., against C. D., for dollars, and the said constable has re turned thereon, that i he said C. D. hath not personal property, within the county of , sufficient to satisfy the same: You arc, therefore, hereby commanded, that of the goods and chattels of the said C. D., in your county, you make the sum of dollars debt, and dollars costs, being so much of said judgment as re mains unsatisfied; and hereof make return to me with in seventy days from this date. Given under, &c.

Oath to procure a capias ad satisfaciendum.

A. B., being duly sworn, on his oath says, that he ve rily believes C. D. to be able to pay dollars, debt

Forms Of Tile

and costs, the amount of a judgment in his fa against C. D.,on the docket of ; and that C. D. secretes his property from the constable, so that the said debt cannot be levied.

Sworn to, and subscribed before me, this day of , A. D. 18 . J. P. [Seal.]

Capias ad satisfaciendum. (Rev. c. 1829, p. 94, sec. 1.)

Whereas, A. B. has made oath before me, that he ve rily believes C. D. to be able to pay dollars, debt and costs, being the amount of a judgment recovered before me, in favor of said A. B., and against C. 13.; and that the said C. D. secretes his property from the constable, so that the debt cannot be levied: You are, jA-yefore, hereby commanded to take the body of the said C. I)., and him convey to the common jail of said county and the sheriff, or jailer of said county, is here by authorized and required to receive, and safely keep him, the said C. D., until he pay and satisfy the sum of , debt, and , costs, which the said A. B. lately recovered before me; or until he, the said 0. D., shall be discharged by due course of law. And hereof make due return. Given, fcc.

Susfiinons against bail. (Sgc rev. c. 1829, p. 95, sec. 1.)

To any constable of said county, greeting:

You are hereby commanded to summon , to ap pear before me, at on the day of , at

o’clock, to shew cause, if any he have, why judgment should not be rendered against him, as the special bail of , upon a capias issued by me, against him, in fa vor of , for the sum of dollars and cents, the amount of the judgment rendered against the said , in*favor of the said ; and hereof make due return, pk the law directs. Given under my hand, &c.

justices’ court.

Bond for costs. (Rev. c. 1829, p. 97, sec. 8.)

State of Illinois, C A. B. )

county of , ( C. D. )

I, E. F., do enter myself security for all costs that may accrue in the above case, this day of ,18 .

Acknowledgement of a deed. (Rev. c. 1827, p. 98, sec. 11.)

This day, personally appeared before the undersign ed, a justice of the peace in and for said county, A. B., who is personally known to said justice, to be the real person who executed the foregoing deed of conveyance, and who then, before said justice, acknowledged that he signed, sealed, and delivered said deed, freely and voluntarily, for the uses and purposes therein mention ed. Given, &c.

Note. — When the person proposing to acknowledge, is not personally known to the justice, proof of his identity should be taken, and stated in the following form: — (Rev. c. 1827, p. 93,

sec. 11.)

This day personally appeared before the undersign ed, a justice o'f the peace, in. and for said county, A. B., who was proved before the said justice, by the oath of C. D., a credible witness, to be, &e. (as in the above form, to the end.)

Proof of a deed. (Rev. c. 1827, p. 99, sec. 1 1.)

This day personally appeared before the undersign ed, a justice of the peace, in, and for said county, A. B., who is personally known to said justice, to be one of the subscribing witnesses to the foregoing deed, and who being by the said justice duly sworn, on his oath says, that C. D., whose name appears subscribed to the fore going deed, is the real person who executed the same; and that he, the said A. B., subscribed Ins name as a witness to said deed, in the presence, and at the request of the said C. 1). Given under my hand,&c.

Note. — Wherever the subscribing witness is not. known to the justice, pronf should be taken and stated identity; and wherever the subscribing witness, or party, is dead, the proof should be suitably varied. — (Rev.c. 1827, p. 99, see. 11.)

Forms Of The

Proceedings in forcible entry and detainer.

Notice to person in possession. (Demand in writing.)

To C. D.— Sir: Take notice, that 1 hereby demand from you, immediate possession of a certain tract oi land, containing acres, less or more, situate in ie

county of , and bounded as follows, (here set out the metes and bounds, if possible, or otherwise describe the land as the case may require.) Mr. L. I . is I by authorized to receive possession ot said land tor me.

" Nov. 18?/ . ”

Comclaint of an entry without force. (Rev. c. 1327, p. 223,

sec. 1.)

State of Illinois,) Forcible entry and detainer, nefore

V J. T. and M. M., two justices ol the

county A peace, in, and for said county.

A. B., on oath complains to .1. T. and M. M.,twojus- fires of the peace, as aforesaid, that on the , at the county aforesaid, lie was lawfully entitled A? able sole and execlusive possession of a certain tiact land’ containing acres, less or more, situate m said county, and bounded as follows, (here describe tnc land as in the demand in writing;) and that, on the sam day, whilst the said A. B. was so entitled to such pos session, one C. D. unlawfully and without any light of possession in him. entered thereon, and took P°ss|SMon of said land, and Stained the possession of t.ic said lawl from said A. B. f.and still unlawfully detains the pos -cession of said land from the said A. B., although the said A. B. hath demanded the possession then o, in writhin', from him the said C. D.; whcrefoie ic . said AB. says, that for the causes aforesaid, t.ic said C. D. is guilty of a forcible entry and detainer.

Sworn to, and subscribed before us, &c.

Spices ’ Court*

Complaint of a forcible entry and detainer.

A B.. oa oath complains to J. T. and M. ttvo justices of the pence as aforesaid, U-.at on t d- j

'-"o'llows’ (h7 descric

7s U. the nouce;) and that on the same day, one C.

D. lawfully and forcibly entered on the said land and detained the same from the ,4 B., and s U

unlawfully detains the possession of said tract ot a

fr„m him the said A. B„ although the said A. B. ha a since the said forcible entry, made a demand in - inn. of the said C. D., for possession of said land.

Sworn to, and subscribed betore us, &c. A-

J. T. J. P- M. M. J. P-

Complaint of a forcible detainer.

A B. complains on oath to J. T. and M. M, two jus-

ices" of the peace, in, and for said county, that on ,

t the coun v aforesaid, he the said A. B. leased and attnecou rprta;B tract of land containing

r°nted more" or in said county, and.,

bounded as ’follows, (here describe ‘l0 a terms and conditions of the said lease, he aid C. U. was to hold the said land until the day of which time the said lease was to expire and l determ me, and that the said C. D. continued, and still .

to ’.old over the said land, after the determination of the time for which the said land was leased I to sa. C, O ns aforesaid; and that the said C. Dvhath relu ea since the determination of said lease,- to decline posses- 7n of said land to the said A. B„ although the said A. 13. hath made a demand in writingM the said C. !)., for possession of said land: wherefore the said A B;. avs that the said C. D., for the causes aforesaid, is

guilt v of a forcible detainer. Sworn and subscribed

—

F#Rms ©F The;

ft Xlbe rHrii t0 suit each

be®a a peaceable but wrongfurentry8’ zt' ere has

WioteXTnJ™; d'feeTce'Yr11 T °f

with force: and 3d, where a tenant h Ji th" e,ntrJ be made expiration of the lease. over lands after $.e

1 he object of this action is to try a question ns tn ih* w of possession, or force It n V bastion as to the right

title papers or deeds'nev denci ,aw> ,0 a<>mit

V n,0t merely; and

“guilty,” or “qot guilty.” ia Liey find the defendant

Summons.

Wo command youSfyl 'iTf

?eab5fre thf undersined> two justices of the peace

; ’ a,ld .for sa,d C0l,ntJ at , on the day of ' ’

’ t0 answer the complaint of A. B., for a forcible Uifry and detainer, (or forcible detainer, as the case

r0™ 5 nd ‘mVe V°U then tilere this writ. Given fee’

A otE.— Summons for jury as in other cases. ’

Oath of the jury.

You, and each of you, do solemnly swear, that von

tiff and c"d i“ V CaS° wl*rein A C- 's plain- u.l ,.,.d C. O. is defendant; and a true verdict give ac cording to the evidence. So help you God. °

Judgment.

After entering the verdict, if it be for the plaintiff he following judgment should be entered:— “it is’ therefore considered by the said two justices of the pence, that the said A. B. have restitution of the pre! m,ses m the complaint mentioned; and that the pla n-

justices’ CHR.T.

liff also recover of the said defendant his costs herein expend d, and that he have execution therefor.

If the verdict he for the defendant, there is judgmen for costs only, as in ordinary cases.

Writ of restitution.

To the sheriff of county, greeting:

We command you, that forthwith, and without delay, OU put A. B. in the possession of a certain tract of land containing acres, less or more, situate in said coun ty, and hounded as follows: (here describe it as in the complaint,) which C. D. wrongfully and forcibly de tains from him, as it appears to us of record; and also that you make due return of this writ. Given, itc.

Proceedings in cases of estrays .

Oath of taker up.

A. B., being duly sworn, on his oath says, that & cer_ tain hay horse, years old, hands high, and branded, & c. was taken up by him at , and that the marks or brands, on the said horse, have not been al tered by him, or any other person or persons, to his knowledge, either before or since the said horse was taken up. Sworn to, Sic,

Summons to appraisers.

To any constable of said county, greeting.

We command you to summon three disinterested house holders of the neighborhood, to appear before me at , on , to appraise a horse taken up as an cstray by A. B. ; and have you then and there this writ. Given under my hand, Sic,

Appraisement.

We, the undersigned, being sworn by E. F., a

N

householders of county, justice of the peace, on om*

Forms Of The

oaths report, that we find the horse taken up by A„ B., as an estray, to he a bay horse, years old

bauds high, branded, &c. and do appraise the said horse to the sum of dollars. I

Proceedings in attachment .

A. B., being duiy sworn, on his oath says, that C. D.

is justly indebted to him in the sum of dollars: and tbai the said C. D. so absconds, (or conceals himself, or stands in defiance of a peace officer authorised to ar- him on civil process, as the case may be,) so that a warrant cannot be served on him. A. B

Sworn to, &e.

E. F. J. P. [L. S.]

Bond. (See the bond required in the circuit- court.}

Writ of attachment?

y

To any constable of said county, greeting:

nereas, A. B. has made oath, that C. D. is justly indebted to him, in the s-um of dollars; and that fiie said C. D. so absconds, (or otherwise as the case may be,) so that a warrant cannot be served on hint: and the said A. B. having given bond according to the statute in such case made and provided: You are, therefore, hereby commanded to Attach so much of the goods and chattels of the said C. D., to be found in your county, as shall be of value sufficient to satisfy the said debt, and the costs of this proceeding; and the same goods and chattels, so attached, in your hands to secure, or so to provide that the same may be liable to turther proceedings before E. F.,a justice of the peace, in, and for said county; and also that you summon O. i3., as garnishee, to appear before the undersigned, a justice of the peace, on ,at , then and there to answer what shall be' objected against him. And have you then there this writ. Witness, &c.

justices’ court.

Proceedings against runaway slaves .

Affidavit.

A B being duly sworn, on his oath says, that C., a man of color, by the laws of the state of , owes ser- vice and labor to him the said A. B., m the said sUe. of ; and that the said C. has escaped from the ser vice of the said A. B. , in the state ot . , to the state

of

Sworn to, & c.

Warrant for a runaway slave.

'To any constable of said county, greeting.

Whereas, A. B. has made oath before the under- dersiened, a justice of the peace ol said county, t at C., a man of color, owes him service, in the state of and that the said C. has escaped irom his sad service, into the state of t Wtf, therefore, command you, that you take the body oi the said C., and him forthwith bring before the undersignedjust.ee oi .1.. neace at . to answer the said complaint ot A. and to be subject to such order as shall he made in the premises. And have you then there this writ.

Given, 4'C.

Certificate to master.

I ErF., a justice of the peace, in, and for said coun-

tv, do hereby certify, that, from proof prod uced before me it is proved to mv satisfaction that C., a man oi color, seized and brought before me, owes service to A. B., under the laws of the state oi ; and that toe >aid has escaped from the said State ol , arm from the service so due to the said A. the state

of Illinois. Given under my hand, &g.

Mittimus for a negro not having free papers.

To the sheriff of. said county, greeting:

Whereas, A. B., a negro, (or man of color,) has been brought before, the undersigned, a justice oi, the peace-.

1S0Rms Of The

in, and for said county; and lie the said A B not havinn- a certi

f,ave6 ThfsAB’is and judged a Runaway rive, i he saul A B is, therefore, committed to your custody

and you are hereby commanded to take the body of the said A

B, and him secure m the common jail of said county; and other wise proceed with the said A B, according to the statu teYn such case made and provided, until he shall be discharged I v

war ™ And {°T this shal1 be‘ your'suSde

" ari ant* And hereof make due return. Witness, &c.

Criminal Cases. {Rev. laws 18 27, p. 170, sec. 3.)

Complaint on oath, to procure a warrant for the e

hension of offenders.

appre-

This day, personally appeared%efore the undersigned a (ju ge or justice of the peace, as the case may be,) A B who after oemg by me duly sworn, complains on oath, as follows’ to wit: that a certain horse, of this affiant, about six years old’ fifteen hands high, of a bay colour, both fore feet white, was on t he night of the day of last, stolen from the possession of this affiant, and that this affiant has just and reasonable grounu* to suspect, and does verily suspect, that C D is guilty of stealing said horse. (Signed) A B 7

Subscribed, Szc. E F, J. P. S )

Note.— With proper variations , according to the subject man ier the above form may be made to suit applications for every va - ynety of offence . J J

W arrant.

To all sheriffs, coroners and constables in t£e state of Illinois, greeting:

W hereas, complaint on oath has been made to the undersign ed., a justice of the peace, in, and for-said county, that a larce ny lias been committed within this state, and that there arc just and reasonable grounds to suspect that C D is guilty thereof: You are, therefore, ITereby commanded to take the body of the said C I), and bring him forthwith before me, of some other justice of the peace, in said county, then and there to answer to the people of the state of Illinois, on said .ch*fge of larceny. And hereof make return as the law directs. Given under my band and seal, this day of , 1C .

E F, P. fL. s.l

justices’ court. h H9

Oilicer’s return on tlje warrant.

Executed the within warrant, by taking the said C D, ant* have him now present.

Fees, executing writ,

Milage, — miles,

st, shy.

or,

The within named C D is not found in my county.

S T, Sh'ff.

Recognizance to be taken by justice. (Laws

p. 171, sec 5.)

Know all men, &c. unto the people of the state of Illinois], for the use of the county of, &c.

The condition of the above obligation is such, that the above bounden C D, has-been arrested and brought before E F , a jus tice of the peace, for examination on a charge of larceny; and it appearing to the said justice that there are probable grounds of the guilt of the said C D: now, if the said C D shall person ally appear before the next oircuit court, in and for the coun ty and state aforesaid, on the first day of the next term there of, to be liolden at the court house in , onythe Monday in the month of next, then and thereto answer to the peo ple of the state of Illinois, to such indictment as may be pre ferred against him by the grand jury of said county, and abide by, and perforin the decision of said court thereon, and not de part without leave of said court; then, &c.

C D, [L. S.]

L M, [L.‘ S.]

O P, [L. S.]

E F, J. P.

Mittimus, on refusal to enter intoj-ecognizanJe. [Laws

1827, p. 17!,. sec. 5.]

t

To the sheriff, coroner, or any constable % of said county, greeting:

Whereas, C D has this day been examined before me, on a charge oflarceny; and it appearing probable, that the said C D is guilty of said charge, and he having failed and refused to enter into recognizance, with security, for his appearance at the next circuit court in and for said county: You are, there fore, Hereby commanded to take the body of the said C D, and Convey biin to the common jail of said county; and the keeper

N 2

forms of the

?fiS]Sr'nllS!iereb' authorised and required to receive the

drcu’it clr,Pfm0niUm S3id Jail’ ,mtiI tfie term of dav in court for said county, t„ be holden on the Mon-

E F, J. p. [L. S.]

E F, J. p.

Recognizance for witnesses.

e°re cognizan ce°of crirn inal?) n am es °f a‘> ‘he witnesses, as

is s;rh’ "mt if the a-

the eircuit court next to h. 7 Personally appear before month of next and rive t f ™ ‘?e M°nday the

the state of Illinois ai ZJ r n ' 3'15’ “ bel‘alf ' °f the People of not depart without Jeae of said coTrP Sf, ?fl?W be void, otherwise to remain in f„n r ‘6n s“S obllSatlon to witnesses must si™ if and L , force a“d 'lrte-(all the

recognizance ;rt1ie criminal ) 'USt,Ce “

Search warrant. (L*ws 1827, p. 173, see. 1 1.)

county, Fgr e e ti °r C0Dstable of said

Whereas, complaint on oath has been mado tn ,

signed, a justice of thp i r. . ae to the under-

that a larceny has been committed 'f S!"d count7> h) A 13, scribe the pSZSS’ b$ steali“g of(here del

verily b el ie veri; hari the *said stolen tA ® d“es

cv elling house, or some outhouse helourinsr to °and n If”3 possession of C D- Yon nm iv r to’ and now ln the

diligently to search In%ree;bh„:rsrPec,eedbny,

goods, in the day time- and i for r Pected places for said

be therein found, Ziire to feiZif the *?t described goods

me, without delay, to he disposed of T’ aild hr12g ,hem before

hereof make return accordmgtolaw r , E And &c. ciuir.g to law. Given under my hand,

E F, J. p. [L. s.-j

Justices5 Court'.

I !A

Officer's return.

Executed the within writ, by searching the Veiling ; house f within named C D, wherein I found (here describe the roporT; as in the’ warrant;) being a part of the goods

searched for. j § Const.

Nov. , Id

Sheriff.

Sheriff’s notice of the sale of land, or personal proper-

ty, under execution.

Sheriff"’ s Sale.

Iiv virtue of a writ of , to me directed, from the

court of county, in favor of , against , I have levied*,, on a certain tract of land, (here describe ,t particularly,) (or a certain waggon and team, describing tuem,) which I shad ex- pose to public sale, on the day of next at the house o P to the highest and best bidder, for ready money . hale to be between the hours of 11 o’clock, A. M„ and 4 o.dok,

P. M. t J S’

Nov. , 18

Certificate of purchase of land. (Laws 1829, p. 83(,

sec. 10.)

State of Illinois, >ct ip'V'r B

T J S sheriff of said county, do hereby certify,, that hy yir~ tueof a writ of , to me directed, from the court, 1 did on the day of , expose to public sale, a certain trac i or parcel of land, (here describe it particularly,) and to at A B ..id the sum of $ therefor; which being the highest and - est. bid the said tract or parcel of land was struck to him the sai A ji- and that the said A B will be entitled to a deed for said premises, so sold to him, on the day of , unless the same be redeemed according to law. Given under my hand and

seal, this day of . 18 J

(Signed duplicates.) counij.

Sheriff’s deed to purchaser.

This indenture made and entered into, this day of ,

in the year of our Lord 18 , between J 3, sheriff ot the ccun-

tv of and state of Illinois, by virtue of his office, ot toe one part, and A B, of the same county and state of the other pari ,

FORMS OF TIIjE

Witnesseth: that whereas itn A, ,,

of , in the year r n C°',rt beId cn the day

ia a certain plea for the s-uof a jud,8'.mlent gainst E m the following words and Wes wit 5 'vLlch Judgment is

whereas, on the dav & , o ’ 1 L (here copy it;) and

said court, which said writ is in "thJ "T* °f, , issued frora

mg, to wit: (here copy it ) direlfW°rd/iaSd flgUTes foilow-

said, for the collection of said in i ° ld d i3’ sheriff as afore- levied by the said J S sheriff as mGn hich said writ was

office, and according to the slatnte ?n?ai, ’ °J Virt,le of Lis said vided, on a certain tr-rf nr ' ' l 1 rU,cb cases made and pro-

particularly,) which said land' , f a-d’ (llcre describe it said J S, for sale said of the most public place- in Lm Pia"jn£ {1P notices in to the sale hereafter mentio'acd-°wr *h’ f°I- .tlri)s' Previous and figures folio, rin>r vi7. n,’ lch.“"tlce the words wit, on the day of (;n Sr® coP>" a°d afterwards, to

p>d notice or advertisement, the sahf “j s „h ’ ‘ff pu""ance.

virtue of his said office eYnncn j , sheriff as aforesaid, to public sale, at H H a*d ,above mentioned

therefor, which beinn-’tl.n hm t aJd P bld tIje sum of $ mises were struck off to ndCiSi?bl(1, the sai(t pre- fully appear, reference bein” hadfoo which wil‘ "‘Pie

tf.ven to the said A B by "he said J h -w 0fPureh®, certificate is in the follow; J b’sherifF as aforesaid;

(here copy T°rds ai',d to viz!

by force of the statute in surl r! P cba*e and certificate, and

saidA B became entitled to a deedSfomine provided> the

the said J 8, sheriff as aforesaid h Sa'd premises from were not redeemed according to’be staTute to® premises and provide*' Now, therefore the said I " T -T™ made said, by virtue of his said office arnHn J S.henff as afore- m such cases made and provide 1 pursuance of the statute the aforesaid sum of T ? l ?nd In consideration of B, as aforesaid has granted b bl,n.ln band Paid by the said A

presents, does grant, bargain andn and ’ and these the right, title, interest and h!; V anto the said A all da>" of -sale,) 4d to to toTfoTl th® said.E- F, (on the

land, (describe it as above in the ol ovvln described tract of chase:) to have and to hold tfce said certldGate ofpur-

gether with all and singular the ' °T parcel °f land, to-

Rances thereto belonjrimr or ; Jereditaments and appurte-

said A B, and hi* heirs' Ixerulow 7 T™ appertaininS, to the forever. And the said J S and as*%ns, warrant and defend the title tn iht afor,eSaid’ . engages to the claim or claims of the said F F " premise?> against

through, or under him. 5 °d a others claiming by,‘

In testimony whereof, Sic Signed, sealed, &c.

J b, Shift [L. S.]

°f county.

Coroners.

Coroners.

vOTr — Coroners have the same powers, duties and fees, as she - riffs ha v'c when doing the duties properly appertaining to sherips. Wherever the sheriff is interested in a cause, the coroner acts as

sheriff.

Form of inquest over a dead body. (Laws of 1 321, pp.

23-4, sec. 2, 3, 4, c.)

State of Illinois, ) gct>

Whereas, it ’was represented to me, J C, coroner of said county, on the day of , that a male person was found dead It , in said county, supposed to have come to his death by violence, casualty, or undue means; whereupon I foithvvitn summoned a jury of twelve good and lawful men, of the neigh borhood, to wit: (here insert their names;, to inquire how and in what manner, and by whom or what he carne by his death, and as soon as the said jurors assembled at the said place wterc the said dead body was lying, I appointed A B, one o. as

foreman, and in the presence of all the rest, administered to him the following oath, (or affirmation:) “1 ou, as foremar of this inauest, do solemnly swear, that you will diligently cu quire and true presentment make, how, in what manner, and by whom or what, the body which here lies dead, came to its death- and that you will deliver to me, the coroner of this coun ty a true inquest thereof, according to such evidence as snail bVo-iven you, and according to the best of, your knowledge and belief. So help you God.’; And to the other jurors the following oath to wit- “The same oath which A B, your foreman, has just now taken on his part, you and each of you, oo solemnly swear to keep on your respective parts. So help you God.

Whereupon the said jurors, after examination of the sad dead body, and hearing the testimony of D, E, F and bo were subpoenaed as witnesses, returned the following verdict, to wit: “We, the undersigned jurors, empannel ed and sworn to inquire how, and in what manner, and by whom or what, (the dead body) came to its death, do find, upon examination of the said body, and D, E, F and G, witnesses examined that the name of the dead man was LM; that he came to hisjeath by a fall from a horse; (or any other cause, which must be stat ed particularly,) and that the estate of the deceased 18 sufficient to defray the expenses of this inquest, and of his fn neral:” (or that the deceased has no effects, known to the ju rors, as the case may he.)

[Signed by all the jurors.] .

L J G, coroner, in, and for the county and state aforesaid,

Constables.

‘1 54

do hereby certify that the foregoing is a true statement of the saidL bef°re me> of aud concerning the death of the

Given under my hand and sea), this day of , 18

J C, Coroner

For subpoenas and recognizances, when necessary, th Z Tor oner

W13w/OT“ °ftk0Se papers ’ llsed hy j'lstices of the

Agreements And Co-Partnerships.

Note. JVb form that could he given, would suit every case inasmuch as there are peculiar circumstances , differing from each

1 'he best rule that can he given, and which is better than all the forms that our limits would admit, is, that in articles of agreement and of co-partnership, upon whatever subject, the intention of the parties be clearly, and explicitly expressed. The particular words a.e not material, so tnat the design, and meaning of the parties can be drawn from the instrument. All courts will give a liberal construction to the meaning of words, 50 as to arrive at the under - stanaxng and intention of the contracting parties. We deem it svf-

Jic tent, therefore, to put down the* commencement and conclusion of one only: J

Articles of agreement.

Articles of agreement, made and entered into, this dav T f Air D' 18r between the county of a„d

Tn’ 01 ithe °ne pai% aDd ’ of the same county and state, of the other part, Witnessed: that, (here state par-

tic.ilai ly wha. each party engages to perform, and conclude as

?fanTS:) a1010"7 whereof’ we have hereunto set our

Lands, and affixed our seals, this day and year, above' written.

[L. S.]

Witnesses present.

Constables’ Returns And Noticfs

Constable’s return.

♦

Executed the within according- to law.

Nov.

J K, Constable .

GpNVEYANClXfc'.

Return on execution.

1 do

Levied on , the goo, Is and chattels of the within named on the day of , and aft er due notice, sold the same on the day of , for , being: a part of said execution; which money l have ready at the time and place within men- tiotied. No goods and chattels can he found in my county,

whereon to make the residue of said execution.

J K, Constable .

Nov. 9 1 B .

Conveyancing.

Deed of conveyance and warranty.

#

This Indenture, made and entered into, this day of , m the year of our Lord one thousand eight hundred and tween , of the county of , and state of , of the first part, and , of the county of , and state of , of the second part, Witnesseth, That the said party of the first part, for and in co sideration of the sum of , in hand paid y the said party of second part, the receipt whereof, is hereby acknowledged, ha ir ran ted, bargained, sold, remised, released, and forever quit- ' claimed, and by these presents do- grant, bargain, sell, remise, release, and forever quitclaim, unto the said party of the second part, heirs and assigns, all interest in and to a certain tract of land or lot of ground, situate, lying and being, m the , and bounded as follows, to wit: (Here describe the premi ses, particularly setting forth the metes and bounds, &c.l

To have and to hold the aforesaid tract of land, oi lot ot ground, together with all and singular the rights, profits, tene ments, hereditaments, and appurtenances thereunto belong ing or in any wise thereunto appertaining, to the only proper use, benefit and behoof of the said party of the second part, heirs and assigns forever. And the said party of the first pail do— covenant to and with the said party of the second part, that -he- will forever warrant and defend the said tract ot land from the claim of , the said party of the first part, heirs and assigns, and against the claim or claims of any other per son or persons whomsoever. , ,

In testimony whereof, the party of the first part ha— here- unto sot - hand- and seal-, the day and yetrf fin .above men tioned. . J G- £L- &-J> ,

Signed, sealed and delivered, ) in presence of )

N

8£ lb fi/ V tut CWUL ps* - - - - v -

Irr ’ jecL or verson. JVc have given one form of an an now- leu* -me it , (with the proof where necessary,) which may oe made to rail the case intended. Seepage 141 .

in presence of ,

ote . The acknowledgement of Deeds oj every of kind, is the

>t, with the exception of the variation to identify each particu-

Conveyancing

J.06

Quitclaim deed.

Know all men, Sec. that f,AB, of, Sec. in consideration of the sum of , to me paid by C D, of, &c. the receipt where of, I hereby acknowledge, have remised, released, aud forever quitclaimed, and do by these presents remise, release and for ever quitclaim unto the said C D, his heirs and assigns fore ver, (here insert the premises.) To have and to hold the same, together with all toe privileges and appurtenances thereunto belonging, to him the said C D, his heirs and assigns forever., In witness, &,c.

Mortgage deed.

Know all men by these presents, that I, A B, of , in con sideration of the sum of , lawful money, paid to mo by O D, the receipt whereof, I do hereby acknowledge, do hereby give, grant, bargain, sell and convey unto the said C D his heirs and assigns forever, (here insert the premises.) To have and to hold the said granted and bargained premises, with the privileges and appurtenances thereof, to the said U. D, his heirs and assigns, to his and their use and behoof, forever. And f, the said A B, for myself, my heirs, executors and ad ministrators, do covenant to and with the said C D, his heirs and assigns, that I am lawfully seized in fee of the premise&j that they ape free of all incumbrances; that I have a good right to sell and convey the same to the said C D, to hold as afore said, and that I will warrant and defend the same to the said C D, his heirs and assigns forever, against the lawful claims of all persons. Provided nevertheless, that if I, the said A B, my heirs, executors or administrators, shall well and truly pay to the said C D, his heirs, executors, administrators or assigns, the just and full sum of , on, or before the day of

noxt, (or which will be£n the year of our Lord , with law

ful interest for the same until paid; then this deed [as also a certain bond, (or note as the case may be) bearing even date with these presents, given by me to the said C £), conditioned to pay the same sum and interest at the time aforesaid,] shall be void ; other wi$es<&c.

In witness whereof, &c.

A

Mortgage.

This indenture, made this day of , in the year of our Lord, one thousand, eight hundred and , between , of county, state of , of the one part; and , of the same county and state, of the other part, Wituesseth: tl at the said

. for and in consideration ot the sunn of , current money

Conveyancing.

of the United States, to in hand paid by the said , at. and before tl.e sealing and delivery ot these presents, the re ceipt whereof is hereby acknowledged; ha green, gr. ed, bargained, sold, aliened, enfeoffed and confirmed and by these presents do- give, grant, bargain, sell, alien, enfe°*>

firm, release and convey unto the said , and heirs an

assigns forever, all that lot or parcel of land, lying and bei g. sitaate in the , bounded as follows, to wit.

with all houses, out houses and other improvements thereto si tuate and being, with all and singular the 1'ereditameuts, rights, titles and advantages to the same legally bek.ng.rpp To have and to hold the said lot or parcel of land, with all and singular the premises to the same belonging or appertaining, from the said , to the said ,and beirs and assigns

to and their only proper use, benefit and behoof fort tendered, however, upon this condition: That .1 the above named do well and truly, without defalcation, content nay, satisfy and discharge promissory note-o band, given L5’ outlie day of , to the said , that is to say: (here set out the amount and time of payment, with the date notes.) It being understood and agreed by, and between the parties aforesaid, that if the said shall well and truly dis charge said notes, agreeably to the true intent and meaning oi the same; that then this indenture and every part thereol, to be null and void; otherwise, &g.

Endorsement of .certificate of recording..

-Recorder's office, August ,13 This is to certify, that the within mortgage, or deed from to was received on the and record ed on v

in book N, page- . M Rec ' R‘

peed of trust.

This indenture, made and entered into, this day €>f , in the year 18 , between A., of the county of,

and state of Illinois, of the one part, and B., of the same county and state, of the other part, Witnesseth: That the said A., in consideration of the special trust and con fidence reposed in the said B., the covenants herein af ter mentioned, and the sum of $ , to the said

paid, by the said B., the receipt whereof is hereby ac knowledged, has granted, bargained and sold, and by these presents does grant, bargain and sell unto the said B., all the right, title, interest and claim, which the saief O

V,

Jt

OxVVEYANCLYd.

purtenanees, thereunto in S- P,nvl,eSes ancl ap-

a. WRSKS'SSSBr

hefein ite, Wd.rri, ;,,„

non- in Hpf-,.,1* nt tne time specified in the said note- the said A. hereby thT* S° *1® made as aforesaid’

b:> irra s s1

afc,ibed’ rd hose “X

nearest newspaper, to tl.fhighesTand'tet bidder ready money, and to apply the proceeds of said s’ V

and all costs and expenses attend;™ ‘ S U ,’°,e> nd -sale, to pay the same to the said a/ And "the Mid fa-, upon making sale as aforesaid, is hereby a„thnW J

£ Str ‘rUSt of sel,‘nS, to execute and deli

&aid A. might or could do. But should c. ‘ f the and satisfy the said note to the uid C P?y

of no effect ; otherwise, Sic. d

In testimony, Sic. ' A‘

Trustees Deed.

nf an'J State of Iilinois> °f the one part, andT ’ of

JitLfcS OF EXCHANGE.

Foreign bill of exchange.

No. 1. AL

Galena, 1st May2 1830.

Exchange for $500.

AMcn days after sight, (or “ninety days after date,”) pay th is my first bill of exchange, (second and third of the same tenor and date, not paid,) to Messrs. C. and D., or order, (or “bearer,,’) five hundred dollars, value re ceived of them, and place the same to account, as per adv ice from A.

To Mr. B., in Quebec,}

Payable at Havanna.y

Protest of inland bill, for non-payment.

Know all men by these presents, that. I, G., on the day of , at the usual place of abode of the said B., have demanded payment of the bill, of which the a- bove is a copy, which he the said B. did not pay, where fore, I the said G., do hereby protest the said bill. Dat ed this day of

G., Notary Public .

Protest of a foreign bill, for non-paynient.

On this day, tire 4th of July, An the year 183@, at the request of C. and D., bearers of the original bill of exchange, whereof a true copy is hereto annexed, I, G. of Natchez, notary public, duly qualified, did exhibit the said bill to Mr. B. for payment, which he did not pay.

herefore, I the said notary, at the request aforesaid, have protested, and by these presents do solemnly pro test, as well against the drawer, accepter, and endors ers of the said bill of exchange, as against all others wl om if may concern, for exchange, re-exchange, ar d all costs, charges, damages and interest suMh red, and tto

be suffered for want of payment of the said original hill.

Done at , this day of . W itness my hand and seal, &c. G.„ Rotary Public .

Note. — A protest for non-acceptance is very similar to that for non-payment of a bill. It should be written on the bill it self, or some paper thereto attached, or on a copy of the bill. It should state, that “the bill has been presented for accept ance, which was refused, and the reason why, and that the holder intends to recover all damages, expenses, &c. which he or any other party to the bill, may sustain on account of non- acceptance.” (Chitty on bills, p. 229.)

Single note of hand with a seal.

- days after date, I promise to pay C. D., or

bearer, (or order,) dollars and cents, for va lue received. A. B.

Galena, Nov. ,18 .

Joint and several note of hand, without a seal.

Twelve months (or days,) after date, we joint

ly and severally promise to pay C. D., or order, (or, bearer,) for value received, one hundred dollars.

A. B.

E. F,

Galena, Dec. 2, 1830.

Due bill.

Due C. D., for value received, dollars and cents.

Galena, Dec. 2, 1830,

w

",

A. B,

Errata.

f

PAGE 5. Form of certificate of good moral character, to be produced to the judge, before granting the licence: it should read, “in the county commissioners’ court, term, A. D. ,” instead of, “in the Circuit Court, term! A. D.

Page 148. In the complaint to procure a state warrant, the value of the property stolen, a description of it, and the name of the owner, ought to be inserted, if known. The warrant also, should follow the complaint, in the value of the property, the description of it, and the name of the owner, if known.

Page 149. The mittimus should, with certainty and pre cision, recite the act of the offender, as in the warrant; and class the offence among its proper species. Same page: the recognizance to be taken by the justice, (if the offence is bailable) requires as much particularity in the description and value of property, as the process in the previous proceed ings. The recognizance and mittimus should mention that the defendant, from what appeared, was probably guilty of the offence, (for which he bad been apprehended,) reciting it with reasonable certainty.

Page 154. The coroner, after reciting the verdict of the inquest, should certify what disposition was made of the body of the deceased, or in what manner buried, and the necessa ry expenses incurred by the funeral; and certify the same to the circuit court, of the county in which the inquest shall have been held. The inquest can only be held in the coun ty in which the body was found, and if found without the li mits of any organized county, then the inquest shall be held in the county to which that portion of country wherein the body was found, is attached for county purposes.

ftZjrln pr inting off this work , in most instances , the caption , or heading to writs and bonds , are omitted , as also the attestation of the judge, by the clerk ; as printing them at length , would take up too much room , and prevent the publisher's complying with his promise in the proposals. See note at the bottom of page 74,

appendix.

Duties of a Justice of the Peace, arising under the Laws the United States, with extracts from such of the Acts of Con gress, as are of primary importance to the public officers and citizens, generally, of Illinois, and the adjacent States ana Territories; with a variety of useful forms applicable to those laws, compiled from such books of practice only, as are said to contain the most approved precedents; with notes of reference, in all cases, where they may be deemed necessary.

Of Fugitives from Justice.

[See 2 vol. Laws U. S. page 331, Bioren and Duane’s edition; and Gordon’s Digest, Laws U.S.page 554. J

1. Whenever the executive authority of any state in the union, or of either of the territories northwest or south of the river Ohio shall demand any person as a fugitive from justice, of the executive authority of any euch state or territory to which such person shall have tied, and shall, moreover, produce the copy of an indictment found, or an affidavit made, before a magistrate of any such state or territory, charging the person so demand ed with having committed treason, felony, or other crime, certified as authentic by the governor or chief ma gistrate of the state or territory from whence thepersoa go charged fled, it shall be the duty of the executive authority of the state or territory to which such person shall have fled, to cause him or her to be arrested and

Appendix,

secured, and notice of the arrest to be given to the exe cutive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and cause he fugitive to be delivered to such agent when he shad appear: But if no such agent shall appear within six months from the time of the arrest, the pris oner may be discharged. And all costs or expenses in- curred in the apprehending, securing, and transmitting

CVUf i'i'i ° t ie state or territory making such de mand, shall be paid by such stale or territory.

2. Any agent so appointed, who shall receive the fu gitive into lus custody, shall be empowered to transport him or her to the state or territory from which he or Aie shal! have fled. And if any person or persons shall, by force, set at liberty, or rescue the fugitive from such agent while transporting him or her, as aforesaid, the person or persons so offending, shall, on conviction, he fined not exceeding five hundred dollars, and be im- prisoned not exceeding one year.

Of Fugitives from Service .

[See 2 vol. WsU. S page 331, Bioren and Duane’s edition- and Gordon s Digest, Laws U. S. page 555.]

1. No person held to service °r labor, m one state, un- df r the laws thereof, escaping into another, shall, in consequence of any law or regulation therein, be dis charged from such service or labor, hut shall he deliv-

larhor"P ""‘I T °f the Part* t0 "hom -ch service or labor may be due.

n.2; VVheH any person held to labor in any of the United otates, or in either of the territories on the northwest or south of the river Ohio, under the laws thereof, slial' escape into any otherofthe said states or territories, the person to whom such labor or service may he due his agent or attorney, is hereby empowered to seize or ar rest such fugitive from labor, and to take him or her be- c anJ’ Judge of llie circuit or district court of the

Appendix*

United States, residing or being within the state, or be fore any magistrate of a county, city, or town corporate, wherein such seizure or arrest shall be made, and upon proof, to the satisfaction of such judge or magistrate, either by oral testimony or affidavit taken before, aiul certified by, a magistrate of any such state or territory, that the person so seized or arrested, doth, under the laws of the state or territory from which he or she fled, owe service or labor to the person claiming him or her, it shall be the duty of such judge or magistrate to give a certificate thereof to such claimant, his agent or at torney, which shall be a sufficient warrant for removing the said fugitive from labor, to the state or territory from which he or she fled.

3. Any person who shall knowingly and willingly ob struct or hinder such claimant, his agent or attorney, in so seizing or arresting such fugitive from labor, or shall rescuesuch fugitive from such claimant, his agent or at torney, when so arrested, pursuant to the authority herein given or declared: or shall harbor or conceal such person, after notice that he or she was a fugitive from labor, as aforesaid, shall, for either of the said of fences, forfeit and pay the sum of five hundred dollars. Which penalty may be recovered by and for the benefit of such claimant, by action of debt, in any court proper to try the same; saving, moreover, to the person claim ing such labor or service, hisright of action for, and on account of, the said injuries, or either of them.*

Of the proof necessary to authorize a justice of the peace to issue a warrant for the removal of a fugitive from service, from this state; to the state or territory from which he or she fled .

1. If the owner or claimant, of such fugitive, should not pro duce oral testimony in support of his or her claim to the ser-

It has been decided by the supreme court of Pennsylva nia, that if a female slave escape from Maryland into Penn sylvania, and become pregnant there, and be delivered of a bastard child, such child is born free. The person escaping and not the issue, being included in the act of congress, (if Sergt. Si Rawle, 30(h)

Appendix.

vices of such person, an affidavit to the following effect, taken oefore, and certified by, some magistrate of the state, or terri tory, in which such claimant resides, will be necessary.

State of County of

To all whom it may concern

I, A. B. a justice of the peace, in, and for the county , and state of do hereby certify that this day, to wit, the day of A. D. 18 , per

sonally came before me, C. D. and E. F. of the said county and state, and made oath, that they were well acquainted with G. the slave (servant or apprentice') of J. R. of the said county and state; who is said to have escaped from the service of the said J. R. and fled into the state, of ; that the proper

name of the said slave (servant or apprentice'* is G., that he is a person of about years of age, about

inches in height, and of a complexion; (with such other particular description as may b'* deemed necessary) and that the said negro (servant o. apprentice) owes labor or service to the said J. R. in the county and state aforesaid.

Given under my hand and seal, at in the coun ty of and stale of this day of A. D.

18 and of the independence of the United States, the

A. B. Justice of the Peace, [Seal.] county of

state of

2. If a certificate of the foregoing description should not he produced by the claimant, it will become necessary for him or her to establish his or her claim to the services of the fugitive, by oral testimony, to the satisfaction of the justice, which in tb' general should be reduced to writing for the justification of t: e magistrate, and the better to provide against imposition by suborned witnesses; in which case the following form of an affidavit may be adopted.

appendix.

State of Illinois,) sc

County of J , . . i

This day personally came before me the undersigned

an acting justice of the peace, in and for the county, and state aforesaid, C. D. and E. F. of the County ot and state of , and made oath that they

were well acquainted with G. the slave (servant or ap prentice) of J. R. of the said county of , and state

0f who has this day been arrested and brought

before me; that the proper name of the said slave (ser vant or apprentice) is G.; that he is a person o about years of age; about feet, inches in heignt, and of a complexion (with such other particular description as may be deemed necessary ;) and that the said negro (servant or apprentice) owes labor or service to the said J. R. in the said state of according

to the laws thereof. r

Given under my hand and seal, at the county ;oi

and state of Illinois, this day of A. D. U

and of the independence of the United States the

A. B . J ustice of the Peace, j-geal(j county, state of lllinios.

3 If the justice of the peace should be satisfied, from the proof, that the claimant is entitled to the services of the fugi tive, he will issue his warrant to the claimant in the follow 0

form. -

set.

tate of Illinois,)

lounty of )

To all whom it may concern .

Whereas J. R. of the county of , and state ot

, has produced satisfactory proof, to me the un signed, a justice of the peace, in, and for the county f and state of Illinois, in conformity with the

ct of congress, entitled “an act respecting fugitives om justice, and persons escaping from the service ot leir masters,” approved, February 12, 1793; that G. a egro man (servant or apprentice) aged about years,

bout feet, inches in height, and ot a

omplexion (with such other description as may be con-

Appendix*

tamed in the proof,) and who hath been lately arrested in the said county of and state of Illinois, and brought before me, is a fugitive from the said J. R. in the said county of , and state of , and that the said J. R. under the laws of the said state of is entitled to the labor or service of the said G. I do t erefore, in pursuance of the power vested in me, , e ®kove recitec* act °f congress, authorize the said J. R. (his agent or attorney) to remove the said G. to the said county of , and state of , from

whence he fled; and for so doing, this shall be his suffi cient warrant

Given under my hand and seal, at in the coun-

ty ot and state of Illinois, this day of

A. D. 18 andoftheindependenceof the United States,

A. B. Justice of the Peace [Seal.] county, state of Illinois.

Naturalization .

The laws on this subject have undergone considerable mu tations since the adoption of the constitution of the United States; the following presents a condensed view, of the most important provisions, now in force, as compiled in Gordon’s new Digest of the laws of the United States, at page 270.

Congress shall have pow er to establish an uniform rule of naturalization.

The power ot naturalization is exclusively vested in congress.

Any alien, being a free white person, may be admit ted to become a citizen of the United States, or any of them, on the following conditions, and not otherwise:

1. That he shall have declared, on oath or affir mation, before the supreme, superior, district, or cir cuit court, of some one of the states, or of the territo rial districts of the United States, or a circuit or dis trict court of the United States, or before the clerk of eitoer of such courts, two years at least, before his ad mission, that it was bona fide, his intention to become a

Appendix.

citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, poten tate, state, or sovereignty, whatever, and particularly, by name, the prince, potentate, state, or sovereignty, hereof such alien may, at the time, be a citizen or sub ject. , .

2. From this condition is exempted, any alien, being a

free white person, who wras residing writhin the limits and under the jurisdiction of the United States at any time between the eighteenth day of June 1793, and the fourteenth day of April 1802, and wrho has continues to reside within the same.

3. Any alien, being a free white person and a minor, under the age of twenty-one years, who shall ha ye re sided in the U. States three years next preceding his ar rival at the age of twenty-one years, and who shall have continued to reside therein to the time he may make application to be admitted as a citizen thereof, may, after he arrives at the age of twenty-one years, and after he shall have resided five years within the United States, including the three years of his minority, be admitted a citizen of the United States, with out having made the declaration required in the first condition of the first section of the act to which this is in addition (section 1) three years pre vious to his admission: But, such alien shall make the declaration required therein, at the time of his or hei admission ; and 3hall further declare, on oath, and prove to the satisfaction of the court, that, for three years next preceding, it has been the bona fide intention of such alien to become a citizen of the United States; and shall, in all other respects, comply with the laws in re gard to naturalization.

4. When any alien, who shall have complied with the condition specified in section 1, shall die, before he is actually naturalized, the widow and the children of such alien shall be considered as eitizens of the United States; and shall be entitled to all rights and privileges as such, upon taking the oaths prescribed by law.

Appendix.

5. An alien shall, at thetimeof hisnpplication tobead- mitted, declare, on oath or affirmation, before some one of the courts aforesaid, that he will support the consti tution of the United States, and that he doth absolutely and entirely renounce and abjure all allegiance and fi delity to every foreign prince, potentate, state, or sove reignty, whatever, and particularly, by same, the prince, potentate, state, or sovereignty, whereof he was before a citizen or subject; which proceedings shall be record ed by the clerk of the court.

6. The court admitting such alien, shall be satisfied that he has resided within the U. States five years, at least, and within the state or territory where such court is at the time held, one year at least; and it shall further appear to their satisfaction, that, during that time, he has behaved as a man of a good moral character, at tached to the principles of the constitution of the United States, and well disposed to the good order and happi ness of the same: The oath of the applicant shall, in no case, he allowed to prove his residence.

7. In case the alien, applyingto he admitted tocitizen- ship, shall have borne any hereditary title, or been of any of the orders of nobility, in the kingdom or state from which he came, he shall, in addition to the above requi sites, make an express renunciation of his title or order of nobility, in the court to which his application shall be made; which renunciation shall be recorded in the said court: Provided , That no alien, who shall be a native citizen, denizen, or subject, of any country, state, or sovereign, with whom the United States shall be at war, at the time of his application, shall then be admitted to be a citizen of the United States.

8. That any alien, being a free white person, who was residing within the limits, and under the jurisdiction of the United States, between the fourteenth day of April, one thousand eight hundred and two, and the eighteenth day of June, one thousand eight hundred and twelve, and who has continued to reside within the same, may be admitted to become a citizen of the United States, without having made any previous declaration of his

irPENDIX.

intention to become a citizen: Provided , That when ever any person, without a certilicate ol such declaia- tion of intention, shall make application to be admitted a citizen of the United States, it shall be proved to the satisfaction of the court, that the applicant was residing within the limits, and under the jurisdiction of the U. States, before the eighteenth day of J une, one thousand ei"ht hundred and twelve, and has continued to reside within the same, or he shall not be so admitted : and the residence of the applicant within the limits, and under the jurisdiction of the United States, for at least five years immediately preceding the time of such applica tion, shall be proved by the oath or affirmation of citi zens of the United States; which citizens shall be named in the record as witnesses: and such continued resi dence within the limits and under the jurisdiction of the United States, when satisfactorily proved, and the place or places where the applicant has resided foF the last five years, as aforesaid, shall be stated and set forth, together with the names of such citizens, in the iccoid of the court admitting theapplicant; otherwise the same shall not entitle him to be considered and deemed a

citizen of the United States.

9. The children of persons duly naturalized under any of the laws of the United States, or who, previous to the passing of any law on that subject by the government of the U. States, may have become citizens of any one of the said states, under the laws thereof, being under the acre of twenty-one years, at the time of their parent’s being so naturalized or admitted to the rights ofeitizen- ship, shall, if dwelling in the United States, be consider ed as citizens of the United States; and the children of persons who now are, or have been, citizens of the U. States, shall, though born out of the limits and juris diction of the United States, be considered as citizens of the United States: The right of citizenship shall not descend to persons whose fathers have never resided within the United States: And no person heretofore proscribed by any state, or who has been legally con victed of having joined the army of Great Britain dur-

Appendix.

ing the war of the revolution, shall be admitted a citi zen. without the consent of the legislature of the state in which such person was proscribed.

10. Children of persons naturalized before the 14th of April, 1302, under age at the time of their parent®, naturalisation, were, if dwelling in the United States on the fourteenth of April, 1802, to be considered as citi zens of the United States.

11. An y alien who was residing within the limits, and under the jurisdiction of the United States, before the twenty-ninth day of January, one thousand seven hun dred and ninety-five, may be admitted to become a ci tizen, on due proof made to some one of the courts aforesaid, that he has resided two years at least, within and under the jurisdiction of the United States, and one year at least, immediately preceding his application, within the state or territory where such court is at the time held ; and on his declaring on oath, or affirmation, that he will support the constitution of the United States, and that lie doth absolutely and entirely re nounce and abjure all allegiance and fidelity to any for eign prince, potentate, state, or sovereignty, whatever, and particularly by name, the prince, potentate, state’ or sovereignty, whereof he was before a citizen or sub- ject; and, moreover, on hs appearing to the satisfac tion of the court, that, during the said term of two years, he has behaved as a man of good moral character, attached to the constitution of the United States, and well disposed to the good order and happiness of the same; and where the alien, applying for admission to citizenship, shall have borne a y hereditary title, or been of any of the orders of nobility in the kingdom or stale from w ficb. he came, on his moreover making m the con rt an express renunciation of his title or order of nooilitv, he ore lie snail be entitled to such admission; all of which proceedings, required in this proviso to he performed in the court, shall he recorded by the clerk thereof.

12. No person who shall arrive in the United States after February the seventeenth, 1 315, snail be admitted

Ai'Pendix.

n

to become a citizen of the United States, who shall rot,

for the continued term of live years, next preceding

liis admission, have resided within the United Slates,

without being at any time during the said five years,

out of the territory of the United States.

1. Declaration, or report of an alien of his intention to he- cornea naturalized citizen of the United States, prey ions to his admission.

To the Honorable C. D. presiding Judge of the cir cuit court, in, and for the county oi and state of

I, A. B. an alien horn, free white person, of the age of years, and upwards, do hereby in conformity with the first condition, specified in the first section of the act of congress, entitled, uan act to establish an uni form rule of naturalization, and to repeal the acts here tofore passed on that subject,” approved, the 14th day of April 1802; declare, and makeki oyvn to the said cir cuit court, now sitting in, ai d tor the county and state aforesaid, that my true, and proper name is A. B.; that I wras born in the city of , in the county ot

, and in the kingdom of , on the

day of , A. D. , and that I am about

years of age; that I belonged to the nation, and

owed allegiance to the king of ; that 1 migrated

from the port of , in the said kingdom of ,

on the day of , A. D. , and larded at

the city of , in the state of , and in the

United States of America, on the day of ,

A. D. ; that I have ever since my first arrival

remained within the limits, and under the jurisdiction of the said United States; and that it is bora fide my intention to renounce forever, all allegiance, and fideli ty, to every foreign prince, potentate, state, or sovere- ignty whatever, and more particularly such allegiance* and fidelity, as I may in anywise owe to the said king of , either as a citizen, or subject ; and to become a citizen of the UuitedStates; and to locate mysel! for

Appendix.

ihe present in the county of and state of Illinois* whereof I am now an inhabitant; that I do not now en joy, or possess, nor am I in anywise entitled, to any order of distinction, or title of nobility, by -virtue of the laws, customs, or regulations of the said kingdom of , or any other country; and that I am sincerely attached to the principles contained in the constitution -of the United States, and well disposed to the good order, tell being, and happiness of the same; and de sire that this my declaration, and report, may be accept ed, filed, and recorded, preparatory to my intended ap plication to be admitted as a naturalized citizen of the United States, in conformity with the several acts of congress heretofore passed on that subject.* Subscribed, and sworn to, in open A. B.

court, this day of

A. D.

Attest, E. F. Clerk.

2. Form of the oath to be taken by an alien who has previ ously reported himself, on his applying to be admitted to the rights of citizenship.

State of Illinois,) ,

County of Sct'

I, A. B. do solemnly swear in the presence of Al mighty God, that I will support the constitution of the

The above declaration, and oath, may also be made be fore the clerk of the supreme, superior, district, or circuit court of any of the states, or territories, in vacation, as well as in open court; in which case the form should be made to cor respond with the nature of the application; the substance, and general requisites being the same.

Every court of record in any individual state, or territory, having common law jurisdiction, and a seal, and clerk, or pro- thonotary, will be considered as a district court within the meaning of the act of congress.

In case the alien applying to be admitted to citizenship, shall have borne any hereditary title, or been of any of the orders of nobility in the kingdom, or state from which he came, the above form must be varied, so as to make an express renun* ciation of any sucb claim, or title to distiactioH,

appendix.

United States; and that 1 do absolutely, and entirely renounce, and abjure, all allegiance, and fidelity, to every foreign prince, potentate, state, or sovereignly whatever; and more particularly the allegiance, and fidelity, which I in anywise owe to , the

king of the said kingdom of , whereof I was here tofore a citizen, or subject. A.

Subscribed, and sworn to, in open court, this day of A. D. 13

Attest, E. F. Clerk.

3. Form of the affidavit to be made by the witnesses who may be called to prove the residence, &.C. of the alien, at the time of his application for admission.

State of Illinois,) gc

County of

We, G. H. and J. R. of the county of ,and

state of , having been first duly sworn, depose,

and say, that we have been personally acquainted with A. B. an alien, who has applied to be admitted as a na turalized citizen of the United States, for the space of five years last past, and upwards; that during the whole of said time he has continued to reside within the limits, and under the jurisdiction of the United States, and one year at least, in the said state of Illinois, imme diately preceding the day of the date hereof; and that as far as their knowledge and observation has extend ed, he has behaved himself as a man of a good moral character, and appears to be attached to the principles contained in the constitution of the U. States, and well disposed to the good order, well being, and happiness

Subscribed, and sworn to, in open G. H.

court, this day of A. D. 13 J. R.

Attest, E. F. Clerk.

4. Form of the order of the court admitting such alien to the rights of citizenship.

This day, personally appeared in open court, the court judicially sitting, A. B. an alien born, free, white

Appends.

person, who had heretofore, to wit: on the dav

. P‘. . declared his intention to become

a natund'zed c.hzen of the United States, in conform

‘an f o® °f c?nSre on that subject, and

paraW

states, forat least five years last past; and one year at jeas in the state of Illinois, immediately preceding th day of the date hereof; that during the time aforesaid

♦ached rbe TVed aS -aiman °f g°°d mornl character, at-’

♦he Un ted ltatrmC,Pf C°,?‘?ined in the constitution of . t nitcd States, and well disposed to the good order

1 being, and happiness of the same; and two vear<’

no‘i UiPrardS,rhaVlnS lapsed, since the said A. B. re ported himself, m manner, and form as aforesaid; it is

he said A Th' h id> a"d ordered by the court that

S,edS““’'"d,ha,,h'"“bi

maybe0cSle,lme ‘°’e by the witnesses who triay be called to prove the residence, &c. of an alien in cases

~XT"S deClarati0n> °r "Port of hi. intent”™ to be! of May, 1828. 15 "nrief esBar?‘ See Ac‘ ofCongressof the 24 th

Slate of Illinois,

County ©f

Wc, G. H. and J. R. of the county of . and

been decided, that it is not absolutely necessary chat there should be an order of court, admitting the alien to become a citizen; nor that it should appear by the record of naturalization, t|at all the requisites presented by law for the

of Mt,Sir°ar0ffa ient’ bavebeen complied with. It is the oath of naturalization when taken, which confers the rights of citi zenship. See Campbell vs. Gordon et al., 6 Cranch. 176;

?vrTCheSTTPeQke lD9‘ C°* 7 Cranch- 52°J aDd Gordon’s hugest, Laws U. S. page 27 4.

set.

Appendix. 1 H

aiaie oi , and citizens of the United States, hav

ing been first duly sworn, depose and say, that we are personally acquainted with A. B. an alien born, free, white person, who has applied to be admitted as a na turalized citizen of the United States; that to the best of our knowledge, remembrance, and belief, the said A. B. was residing within the limits, and under the juris* diction of the United States, before the 18th day of June 1812, and has continued to reside within the same, for at least, live years, immediately preceding the day of the date hereof; that during the said last five years, the said A. B. has resided at the following named places, to wit: the firat year, in the county of , and state

of , the two years next succeeding, in the cou:>

ty of , and state of ; and the two last years,

in the county of , and state of ; that so far

as their knowledge and observation has extended, the said A. B. is a man of a good moral character, attached to the principles of the constitution of the United States, and well disposed to the good order, well being, and happiness of the same** G. H.

Subscribed, and sworn to, in open J, R.

court, this day of A. D. 18

Attest, E. F. Clerk.

6. Final certificate of naturalization, embracing all ti e re quisites necessary to make it autkeutie as evidence in any court, or place in the United States.

United States of JVorth America.

set.

State of Illinois,

County of

Be it remembered, that heretofore, to wit: on the day of , in the year of our Lord, one thou sand eight hundred and .personally appeared before the judge of the circuit court, in, and for the county of , rind state of Illinois, (the same being a court of record, having, and exercising common law jurisdiction, w ith

TI. c same oath should he made by the alien on his admis sion, as in other cases.

1 Appendix*

a seal, and clerk,) A. B. an alien born, free, white per son, of the age of years, and upwards, and pre

sented to the said court a written declaration, of his intention to make application to be admitted as a na turalized citizen of the United States, in conformity with the several acts of congress, on that subject, with the desire that the same might be accepted, registered, and certified accordingly; which said declaration was subscribed by the said A. B., sworn to in open court, before the clerk thereof, and is in the words and figures following, to wit:

To the Honorable C. D. presiding judge of the circuit court, in, and for the county of , and state of Illinois.

I, A. B. an alien born, free, white person, of the age of years, and upwards, do hereby in conformity

with the first condition, specified in the first section of the act of congress, entitled, “an act to establish an uniform rule of naturalization, and to repeal the acts heretofore passed on that subject, ” approved the 14th day of April, 1802; declare, and make known to the circuit court, in, and for the county of , and state

of Illinois, that my true and proper name is A. B. ; that I was born in the city of , county of , and

thekingdomof , on the dayof A. D.

; and that I am now near years of age; that

I belonged to the nation, and owed allegiance to

the king of ; that I migrated from the port of

, in the said kingdom of , on the

day of A. D. , and landed at the city of

, in the state of , in the United States of America, on the day of A. D. ; that

I have ever since my first arrival, remained within the limits, and under the jurisdiction of the said United States ; and that it is bona fide my intention to renounce forever, all allegiance and fidelity; to every foreign prince, potentate, state, or sovereignty whatever, and more particularly such allegiance, and fidelity, as I may in anywise owe, to the said king of , either as a

citizen, or subject; and to become a citizen of the

tinted States, and to locate myself for the present, in the said county of , in the stale of Illinois, where

of! am now an inhabitant; that I do not now enjoy, or possess, nor am I in anywise entitled, to any order oi distinction, or title of nobility, by virtue of the law s, customs, or regulations of the said kingdom of ,

or any other country ; and that I am sincerely attached to the principles of the constitution of the United States, and well disposed to the good order, well being, and happiness of the same; and desire that this my decla ration, and report, may be accepted, filed, and record ed, ‘preparatory to my intended application, to be ad mitted as a naturalized citizen of the United States, in conformity with the several acts of congress heretofore passed on that subject.

Subscribed, and sworn to, in open A. B.

court, this day of A. JD. IB

Attest, E. F. Clerk.

Whereupon it was ordered by the said court, that the said declaration, and report, be accepted, filed, record ed, and certified, and the same was done accordingly.

And now at this term of the said circuit court, to wit: on the day of A. D. , per

sonally appeared in open court, the court judicially sit ting, the above named A. B. who had heretofore report ed himself as aforesaid, and made application to be admitted, as a naturalized citizen of the United States, and thereupon took, and subscribed the following oath, to wit: I, A. B. do solemnly swear hi the presence of Almighty God, that I will support the constitution of the United States; and, that I do absolutely, and en tirely renounce, and abjure all allegiance, and fidelity, to every foreign prince, potentate, state, or sovereignty whatever; and more particularly the allegiance, and fidelity, which I if* anywise owe to the ,

king of the said kingdom of , whereof I was here tofore a citizen, or subjeet. A. B.

Subscribed, and sworn to, in open court, this day of A. D. IB

Attest, E. F. Clerk.

it

Appendix,’

This day also appeared in open court, Cr. H. and J, K. of the county of , and state of , and ci tizens of the United States, who being first duly sworn- depose and say, that they have been personally acquaint ed with the said A. B. for the space of five years last past, and upwards; that during the whole of said time, e las continued to reside within the limits, and under the jurisdiction of the United States, and one year at least in the said state of Illinois, immediately preceding the day of the date hereof ; and that so far as their knowledge and observation has extended, he has be- haved as a man of good moral character, and appears to be attached to the principles of the constitution of the United States, and well disposed to the good order, well being, and happiness of the same.

And the said court being satisfied, as well from the oath of the said A. B. as from the testimony of the said , H and J. R., that the said A. B. has resided within the limits, and under the jurisdiction of the United States, for at least five years last past, and one year at least in the state of Illinois, next preceding the day of the date hereof ; that during the whole of the time aforesaid, he has behaved as a man of a good moral character, attached to the principles of the constitution ot the United States, and well disposed to the good order, well being, and happiness of the same; and tw* years and upwards having elapsed since the said A. B, reported himself in manner, and form as aforesaid: It is therefore considered, and ordered by the court that he the said A. B. be henceforth admitted to all, and sin gular, the rights, privileges, and immunities of a natu ralised citizen of the United States, and that the same be certified accordingly.

State of Illinois,)

County of j sck

I, E. F. clerk of the circuit court, in, and for the county and state aforesaid, do hereby certify, that the foiegoing are true copies of the original papers, records, and proceedings in the premises, as they appear from the records now remaining on file in my office,.

Appendix.

ie

In testimony whereof, I have hereunto [L. S.J set my hand, and affixed the seal oi the

said court, at my office, in this

day of A. D. , and of

the independence of the United States, the . E. F. Clerk.

State of Illinois,) gcL

circuit.} 4

I, C. D., judge of the judicial circuit of the

state of Illinois, and presiding judge of the circuit court, in, and for the county of ,and state of Illinois, do

hereby certify, that E. F. Esq., wffiose name is subscri bed to the foregoing certificate, now is, and was at the time of signing and'sealing the same, the clerk of the said circuit court, and keeper of the records, and seal thereof, duly appointed, and qualified to office ; that full faith and credit, are, and ought of right to be given to all his official acts as such, in all courts of record in the United States, and elsewhere ; and that his said attes tation is in due form of law , and by the proper officer.

Given under my hand and seal, at , this

[L.S.] day of A. D. , and of the in dependence of the United States, the

C. D. Judge of the judicial circuit of the

state of Illinois,

cnsions for Revolutionary Services.*

ict of ?hi 1st March1 of February,

O Uicawsolthe U. States, page GGl.et seq.)

Original Claim.

to S25 t ettU,e- “d “rtificta,

previous to his beinj placff™ the Ir?

visions of the act of the 18th March, 1810. P

State of Illinois.)

- set.

County of

Circuit Court,

, ' , — -Term, A. D. 18

be it remembered, that on this day of

A. D. , personally appeared before the judge of the

"rnu„tl0'Jln’a"<l for the county of J , aid state

exer 'e same being a court of record, having and exercising common law jurisdiction, unlimited in po?nf of amount, with a seal, and clerk,) during the sitting of the said court, A. B. a resident citizen of the said coun ty and state, aged years; who, being first dulv eworn according to law, doth, on his oath, make the following declaration, in order to obtain the provision made by the acts of congress of the 1 8th May, 181 8,. and the Is May, 1820; that he, the said A. B.enlisfedftr the term of years, on the day of . A.

The laws referred to under this cantinn u .

persons disabled by known wounds received* during therevo0 lutionary war, as to such as have from advanced aireand h!Sn J infirmity, become unable to support themselves Th/i/ f Why the form U ffiyen as embrTcins a erfthe Matter 8,.“ cription, ,s, (hat they are much than tie fomer

ArrtNmx.

fcl

D. 17 , at , in the stale of , in the

company commanded by captain C. D. in the regiment commanded by colonel E. t . in the line ot the state ot , on the continental establishment; that he con tinued to serve in the said corps against the common enemy, until the day of , A. D. 17 t

at which time he was honorably discharged from the service, at , in the state ot ; that he hcic

by relinquishes every claim whatever to a pension, ex cept the present; that his name is not on the pension roll of any state, nor has any pension heretofore been allowed him; and that the following are the reasons for not having made earlier application for a pension, to wit: (here state the reasons according to the truth of the case, why application was not sooner made.) My occupation is that of , but from advanced

age, and bodily infirmity, I have become unable to pur sue it any longer, so as to provide a subsistence for my self and family, which consists of myself, my wife, J. B. aged years, and my grandson, J. K. aged years, who have but little capacity to contribute to our support; and my circumstances have become so indi gent, that I am fearful that we will not be able to pro vide ourselves with the common necessaries of life, un less we should he relieved by timely assistance from my country. And in pursuance of the act of the 1st May, 1820, I do solemnly swear, that I was a resident citizen of the United States, on the 18th day of March, 1818; and that I have not since that time, by gift, sale, or in any manner, disposed of my property, or any part thereof, with the intent thereby so to diminish it, as to bring myself within the provisions of an act of congress, entitled “an act, to provide for certain persons engaged in the land and naval service of the United States in the revolutionary war,'*’ passed on the 18th day of March, 1818; and that I have not, nor has any person in trust for me, any property, or securities, contracts, or debts, due to me; nor have I any income, other than what is contained in the schedule hereto annexed, arid by me subscribed. That since the 18th day of March, 1818,

appendix.

the following changes have been made in my property to wit: (here insert an account of the property, in the applicant s possession on the 18th day of March, 1818 and not now owned by him; the names of the persons to whom disposed of, time of sale, and the amount of money, or description of property received in return.)

oworn t of and declared in open A p

court this dayof , A. D. 18 Attest, L. M. Clerk*.

State of Illinois, ) .

County of sc

day, personally appeared in open court, the court judicially sitting, N. O. of the county of and state of , and formerly of the county of and state of , who being first duly sworn accord’

to lav/, deposes, and says ; that he is well acquainted with the said A. B. and knew him before, and during the revolutionary war; that the said A. B. is the iden tical person he represents himself to be, and was in the war of the revolution, and from the best recollection of i e deponent, belonged to the company commanded bv captain C. D. in the regiment commanded bv colonel

F\In ,‘h® hne of the of , on the continen

tal establishment; at which time the deponent was also the continental army, in the company commanded Oj captain r. Q., in the regiment commanded by colo-

4 thf , line5 and was with the said B; thc battles of ? and ; that the

saul A .13. is a man of good moral character, and un-

doubted veracity, and that he has no hesitation in be lieving, that his whole statement in relation to the time , lls enlistment, his continuance in service, and dis charge from the army, is true. q

Subscribed, and sworn to, in open court, the dayof A. D. 18 Attest, L. M. Clerk.

A scneuulc containing the whole amount of the e- ate? and income, of A. B. of thc county of , and

AFPENPtft*

state o f , (his necessary clothing and bedding ex cepted) on the day of , A. D. ; made

m pursuance of the act of congress, of the 1st of May, J820.

Description of property. Value.

1 Horse . . §20 00

1 Cow and calf - -- -- -- - 10 00

4 Sheep 6 00

15 Head of hogs - -- -- -- - 15 00

1 Table, . - - - - 2 00

1 Cupboard - 3 00

6 Chairs . 100

Other household, and kitchen furniture 5 00

Total, §62 Op

Subscribed, and sworn to, in open A.

court, the day of , A. D,

Attest, L. M. Clerk.

State of Illinois,) ,

County of J ’

This day, personally appeared in open court, the epurt judicially sitting, T. U. and V. W. of the county of , and state of , who being first duly

sworn according to law, depose, and say, that they are well acquainted with the said A. B. and with the amount, description, and value of the property in his possession, on the day of , A. D. ; and that ta

the best of their knowledge and belief, the foregoing schedule exhibits a just and true account of the same, necessary clothing and bedding excepted; and that the value of the several articles, as therein set down, is ac cording to the true value thereof. T. U.

Subscribed, and sworn to, in open V.

court, this day of , A. D. 18

Attest, L. M. Clerk.

State of Illinois,) f County of $ SCt#

T, L. M. clerk of the circuit court, in, and for

ASKEXDiX,

M

county of $ and state of Illinois, do hereby cer

tify, that it appears to the satisfaction of the court, that the said A. B. did serve in the revolutionary war, as slated in the preceding declaration, against the com mon enemy, for the term of months, under one

engagement, on the continental establishment. I also certify, that the foregoing oath, contained in the latter part of the declaration of the 3aid A. B. and the sched ule thereto annexed, are truly copied from the records of the said court; and I do further certify, that it is the opinion of the said court, that the total amount, in value, of the property exhibited in the aforesaid schedule, is sixty-two dollars.

In testimony whereof, I have hereunto set my hand, and affixed the seal of the [L. S.J said circuit court, at my office in , this day of , A. D. ,and of the independence of the United States, the . L. M. Clerk.

State of Illinois, )

County of sct

I,X. Y. judge of the judicial circuit of the

state ofIlliuois,aud presiding judge of the circuit court, in, and for the county of , and state aforesaid;

do hereby certify, that L. M. whose name is subscribed to the ioregoing certificate, now is, and was at the time of signing and sealing the same, the clerk of the said court, and keeper of the seal and records thereof, duly appointed and qualified to office; that full faith and credit are, and ought of right to be given, to all his offi cial acts as such, in all courts of record in the United States, and elsewhere; and that his said attestation is in due form of law, and by the proper officer.

Given under my hand and seal, at , this day of , A. D. , and [L. S.] of the independence of the United States, the X. Y. Judge,

appendix.

Instructions , $*'C,

The following notes are extracted from the printed instruc tions of the secretary at war, and contain the general requi- sites to be attended to, in making out the applicant’s declara tion, schedule and oath, under the acts of the 18th March, 1818, and 1st May, 1820, according to the preceding form.

1. As to the court in which the declaration is to be made, all are courts of record, within the contempla tion of the act of congress.

1st. Which arc expressly made courts of record by the laws of the state which creates them;

2d. Which have been solemnly adjudged, by the tri bunals of the several states, to be courts of record:

3d. Which proceed, according to the course of the common law, with a jurisdiction unlimited in point of amount, keeping a record of their proceedings.

4th. Which have the power of fine, and imprison ment.

And courts which proceed according to the course of the civil and canon law, having neither of these at tributes, are not courts of record, although they may keep a registry of their proceedings, and possess a seal. The court should, in every instance, state, on the face of the proceedings, that it is a court of record, and state why it is such.

2. If the claimant was an officer, he must state what rank he held, and instead of the word “enlisted,” insert “entered.”

3. If the claimant served in the navy, the form should be varied by inserting the name of the ship, or vessel in which he sailed, and the name of the captain, or com mander.

4. It is the opinion of the attorney general, that the words of the 3d section of the act of the 1st May, 1 820, “in such indigent circumstances, as to he unable to sup port himself, without the assistance of bis country,” comprehend those only who are incapable of support-

Appeadhi. '

ing themselves without the aid of the government, e*. cept by private, or public charity.

5. Where changes have been made in the applicant’s property since the 18th March, 1818, and for the m- aertmn of which, a blank has been left in the preceding

form; the same may be stated, as in the following cob . b

Amount of mo- ney or descrip, of prop’rty re ceiv’d in ref.’n.

6. if the property has been sold under execution, the certificate of the sheri fif, or officer making the sale, must be produced; and the manner in which the debt originated, on account of which judgment was obtain ed, and execution issued, should be shewn by the testi mony of the plaintiff, who is required to swear as to tffie time at which the debt was contracted, and to state lor yy hat articles, the amount of them, and whether he bclicy es that they were applied to the exclusive use and benefit of the defendant, or person claiming a pen sion. In every case where there has been a transfer of j cal estate, authenticated copies of the deed of convey ance should be exhibited; and where debts have been discharged, w i ih the proceeds of the sale of any pro- perty, the evidence of the creditors, proving the fact, is required. The creditors should state, under oath, the time at which the debts were contracted, for what ar ticles of property, the time when they were paid, and in what way. I he application of all money should be clearly shown in like manner, by disinterested witness es. The origin of every note, bond, or other obligation, for the payment of money, the fulfilment of a contract, or the discharge of a debt, either to, or from, the appli cant, must be clearly shewn, as well as the time and manner of discharging the same. The oaths of disin terested persons are required to shew for yvhat the ob ligations were given; fyr what amount; and at what

Description of Property.

Names- of per sons to whom disposed of.

Time of Sale.

Appendix.

Ti

time; and similar proof is required as to the discharge or cancelling of the same. Similar evidence is require cd in every case where property has been sold under a mortgage. The testimony of the mortgagee, as well as that of the mortgagor, is required. Each should swear as to the manner in which the mortgage origina* ted, shewing the time of contracting the debt, for what consideration, and the amount thereof, and the mortga gor must shew how the money or property tor which he became indebted, was applied. In cases where persons have held landed property, and have never had deeds for the same, the affidavits of public officers, competent to give testimony in such cases, are required. The of ficial character and signature of the magistrate before whom the affidavits may be taken, should be certified by the proper officer, under bis seal of office.

7. Persons unable to appear in court, by reason of bodily infirmity, and who are permitted by the act of March 1, 1323, to take the oath before a judge or justice of a court of record, will, in addition to ihe oath in ordinary cases, swear that they are not able to attend personally in court, by reason of disease, or bodily dis ability, as the case may be. Before ihe words, “I, L. M. clerk.” &c. insert the following: “I, X. Y. a judge, (or justice,) of the court of holden in the county

of where the declarant resides, do hereby certify,

that the above named A. B. is, from a disease called the with which lam credibly informed, and believe, he has been afflicted, for the space of is unable to

attend the court of which I am a judge, (or justice,) and I do not think, from present appearances, that he will be able to attend the court above named, at its next session. I have, therefore, in pursuance of the act of congress, of the 1st March, 1823, attended at his place of abode, and administered the foregoing oath. A. B. Judge,” &c. Then let the clerk, in lieu of the usual certificate, wrrite these words: “I, L. M. clerk of the court of certify that X. Y. before whom the

above affidavit of A. B. who is now sick and confined to his house, w as made, is judge as aforesaid. I also cct*

Appendix*

O'

tify, iliat the said schedule and oath have been admit ted to the record of said court, and that the same are -ru copied therefrom: and 1 do further certify, that it

va ue j;;r of he,said ,c°urt’ that (he totai a">°ut

it i r,rty exhibited in the aoresa>d -

UIe IS dol,ars and cents.

. " testimony whereof, ( have hereunto set my

hand, and affixed the seal of the said court, on

rr c T a 15 , dayr°f v 18" , and of the in-

[L. S.] dependence of the U. States, the

M. Clerk of the court for the of,” &c.

8. The pay of an officer is twenty dollars per month of a non-commissioned officer, musician, mariner ma’ nne, or private soldier, eight dollars per month, d’urmg

,9'..Th<r orlSf‘al declaration, schedule, oath, and af fidavits, should be filed m the clerk’s office of the court, therein the same shall be made, or exhibited.

Appendix,

Of Army and JVary Pensions , on account of icounds ana disabilities , incurred in the service of the United States j during the late war

(For the laws of the U. States on this subject, see the follow ing acts of congress, to wit: the act of the 8th May, 1792; act of the 23d April, 1800; act of the 16th March, 1802; acts of the 3d and 26th March, 1804; act of the 25th April, 1808; act of the 7th January, 1809; acts of the 10th and 25th April, 1812; act of the 16th April, 1813; act of the 2d August, 1813; act. of the 20th January, 1814; act of the 13th February, 1814; act of the 4th March, 1814; act of the 18th April, 1814; act of the 16th April, 1816; act of the 24th April, 1816; act of the 16th April, 1818; act of the 3d March, 1819; act of the 15th May, 1820; act of the 4th February, 1822; acts of the 22d January, 9th of April, and 26th of May, 1824; and the act ol 20th May, 1826. See also, Gordon’s Digest of the laws of the U. States page 607. et seq.)

Original Claim

Form of the declaration, oath, and certificates, to be trans* mitted by the applicant, to the secretary of war, previous to hh being placed on the pension list of the United States.f

State of Illinois,) — — Circuit Court,

County of $ SCC* - — Term, A. D. 18 ,

Beit remembered, that on this day of v

A. D. , personally appeared before the judge of the circuit court, in, and for the county of , and

The laws refered to under this caption, relate to all per sons wounded, or disabled in the service of the United States, and include officers and privates, in the militia, sea-fencibles and volunteers; as well as those that belonged to the regular army; also, navy officers, seamen, and marines. Provision is also made for the widows and orphans of those who were killed in the service, in certain cases.

f It is proper here to remark, thathavingno precedent to aiej us in drawing up the form adopted in this case, it may not cor respond with the instructions from the war department, wc think however, that it will be found to contain all the substan tial requisites of the acts of congress.

oO

appendix

state of Illinois, (the same being a court of record, hav ing, and exercising common law jurisdiction, unlimited m point of amount, with a seal, and clerk;) during the sitting of the said court, A. B. a resident citizen of the said county and state, aged years, who, being first

thJfn U°m aC,cor?lng.to law> doth, on his oath, make the following declaration, in order to obtain the provi sions made by the several acts of congress, for persons wounded, or disabled in the serviceof the United States, during the late war; that he, the said A. B. enlisted for the term of years, on the day of ',A.

’ , , , i state of , in the company

commanded by captain C. D. in the regiment of infantry commanded by colonel E. F. in the army of the United Staths ; that he continued to serve in the said company and regiment against the common enemy, un- ultne day of , A. D. 18 , at which

time he was honorably discharged from the service, at

, . . ,'ln the ®tate i before the expiration of

(is said term of service, in consequence of disabilities incurred by wounds received at the battle of wn.le in the line of his duty as a soldier; that his name is not on the pension roll of any state, nor has any pen-

r0;;rore been a'iowed h*m; that hu said disabil ity Still continues, and makes it difficult for him to pro cure a subsistance without assistance from his country

occuPa(;on that of a , and his family com

S ts of a Wi.e, and children, who depend exclusive- ly on jus exertions for a support. g

Subscribed, and sworn to, in open

court, this day of a D

Attest, L. M. Clerk. ’ ' 18 '

State of Illinois,)

ra7’npprsonal,J appeared in open court, the court judicially sitting, G. H. a citizen of the county of

, and state of , and late a captain in the

, ,, regiment of United States’ infantry, who being Urst duly sworn, according to law, deposes, and says ;

Appendix*

at

that he is well acquainted with the said A. B., that he is the identical person he represents himself to be, and was a private, and belonged to his company in the regiment, of United States’ infantry, during the late war; that the said A. B. was enlisted at , in the

state of , on, or about the day of 5

A. D. 18 , for the term of years, but that

he was discharged from the service before the expira tion of his term of enlistment, in consequence of disabi lities incurred by wounds received in the battle of , while in the line of his duty as a soldier; that he has heard the above declaration of the said A. B. read, and believes from his knowledge of the circumstances, that the statements therein contained, are substantially true,

Subscribed, and sworn to, in open court, this day of A.D. 18

Attest, L. M. Clerk.

[Here follows the certificates of the clerk and judge, as in the preceding form, where application is made for a pension, on account of revolutionary services.]

Form of the certificate to he made by two surgeons, (or phy sicians) of the rate of disability of the applicant, under the act of the 3d March, 1819.

State of Illinois,) .

County of J

This day, personally appeared before the undersign ed, an acting justice of the peace, in, and for the coun ty and state aforesaid, N. O. and P. Q. of the town ot , county of ,*and state of ; being

physicians (or surgeons) by profession, and practice; who being first duly sworn according to law, depose, and say; that they have this day examined the disabili ties of A. B. which are said by him, to have been occa sioned by wounds received in the service of the United States, in the late war with Great Britain, and while in the line of his duty as a soldier; that (here describe the prescise nature of the applicant’s disability;) and

Appends A„

tnat the disability of the said A P , .

the said wounds si'll continues .11 d ";s ccasione,d by-

cording to the different degrees’of ‘‘a in the acts of congress.) b disability speeded

Subscribed, and sworn to, before me, p‘ o

at my office in , in ’the coum? P'Q'

and state aforesaid, this day of

A. D. 18 . J

[L.S.] R. S. Justice of the peace, county of

and state of Illinois.

Jo furtheSifThaf theaTd JV.‘ O Vo™’ ‘ personally known to me; that they are reputabffi oh?

diWIit, as such, camioEwitl) proprielj’licljuestioned

Giyen under my hand and seal, at ,n the

county and state aforesaid, this day of ’

0 [L. 9.] R. S. Justice of the peace

county of , and slate of Illinois,

[Here follows the certificate of maeistracT 1,V fl o 1 1 ,

ttie county commissioners’ mart . -Vtf*. >uy ife clerk of

Of the preLin Jud of that coor d ”lrther cerli<icatc is clerk.] court> that tlle Pers°n certifying:

Instructions, (Jr.

fhc affidavit of the physicians, duly certified pan - tffi? ?ng0I'"g,preceden should in all cases accom-

Li -Ca ‘0n;as "'cl1 as lhe applicant’s discharge .rom the service, where it has not been lost.

maX. ,ttim ,'".',Tmil'a(l0n and affidavit, should be tfcontm, es d °f ! -ery hv0-vears’ where thedisabili- abditv I tV€p in,cases where there is’a total dir

3 Tl “ 7%ch affidavit will Insufficient,

the id fd,fffere,,t J*Sr6€S of disability, as defined by iig manner!°DgreSS’ t0 Scained in the follow'

LV fatal disability, is, where the person is wholly auable to support himself by labor, at his usual occupa

A1*I fcNDlX.

id. Onc-lburth, one-half, or three-fourths disability, is, when the person is prevented in that degree, from pursuing his usual occupation, in consequence of the elTects produced by the wounds received in the service. The pay of the applicant is always in proportion to the degree of disability.

3d. The enlistment, service, and discharge of the ap plicant, as well as the reception of the wounds produ cing his disability, should in all cases, where it is possi ble, be proved by his commanding officer, or in case of his death, by the next highest in rank, under whom he served.

Form of a power of attorney, to receive an invalid’s pension.

Know all men, by these presents, that I, A. B. of the county of , and state of Illinois, do hereby con

stitute, and appoint C. D. of the county of , and state aforesaid, my true and lawfal attorney, to receive in my behalf, from E. F. the pension agent of the U. States, for the state of Illinois, my pension for months as an invalid pensioner of the United States, commencing on the day of A. D.

, and ending the day of , A. D. 18

Signed, sealed, andacknowledged A. B. [L. S.] in the prsence of

G. H.) J. R.$

witnesses.

Subscribed, and acknowledged, before me the under signed, an acting justice of the peace, in, and for the county of , and state of Illinois, this day of

, A. D. 13 . [L. S.] L. M. Justice of the

peace, county of , and state of Illinois.

Besides the letter of attorney aforesaid, the attorney must produce to the pension agent, the original certificate given to the pensioner, entitlingkim to a pension, and an affidavit made by him in the following form.

State of Illinois.)

. set. county.)

This day, personally came before me, the under;

signed, an acting justice of the peace, in, and tor tho county and state aforesaid, A. B. who being first duly sworn according to Jaw, deposes, and says, that he is the same A. B. to whom the original certificate in liie possession was given, of which the following is a copy y to wit: (here copy the certificate.) That he served in the company commanded by captain , in the

regiment of United States infantry, commanded by cob , in the late war with Great Britain, at the time he was disabled; and that he now resides in the county of , and state of Illinois, and has resided there for the last years, previous to which time he resi

ded in the county of , and state of .

Subscribed, and sworn to before me, A. B.

this day of A. D. 18

[L. S.] L. M. Justice of the peace, county of

state ef Illinois,

Of the jurisdiction of a justice of the peace , in cases where

o ffences are committed in violation of the laws of the U.

States , t

The laws of the U. States, on the subject of offences, are so numerous and complicated, that I cannot find a place even for a synopsis of them, within the limits prescribed for this work; I shall, therefore, content myself by inserting- that part of the act of congress of the 24th of September, 1780, which confers jurisdiction; with the forms adapted to a single case; with the aid of which, precedents can be easily framed in all other case m which a justice of the peace may be called upon to act.

Jurisdiction , 4*c.

For any efime or offence, against the United States, the offender may, by any justice, or judge of the United States, or by anv justice of the peace, . err other magis trate of any of the United States, where he may be lound, agreeably to the usual mode of process against offenders in such state, and at the expense of the U, States, be arrested, and imprisoned, or bailed, as the.

APPENDlS#

cose may be, for trial before such court of the United States, us by this act has cognizance of the offence: and copies of' the process shall be returned as speedily as may be, into the clerk's office of such court, together with the recognizances of the witnesses, for their ap pearance to testify in the case; which recognizances, the magistrate, before w hom the examination shall be, may require on pain of imprisonment. And if such com mitment of the offender, or the witnesses, shall be in a district other than that in which the offence is to be tried, it shall be the duty of the judge of that district, where the delinquent is imprisoned, seasonably to issue, and of the marshal of the same district to execute, a warrant for the removal of the offender, and the wit nesses, or either of them, as the case may be, (o the dis trict in which the trial is to be had. And upon all arrests in criminal cases, bail shall be admitted, except where the punishment may be death, in which cases it shall not be admitted, but by the supreme, or a circuit court, or by a justice of the supreme court, or a judge of a district court, who shall exercise their discretion therein, regarding the nature and circumstances of the offence, and of the evidence and the usages of law. And if a person committed by a justice of the supreme **ourt, or a judgeof the district court, for an offence not punishable with death, shall afterwards procure bail, and there be no judge of the United States in the dis trict to take the same, it may be taken by any judge of the supreme, or superior court of law of such state.

The district courts of the United States, have exclu sively of the courts of the several states, cognizance of all crimes and offences, that shall be cognizable under the authority of the United States, committed within their respective districts, or upon the high seas; wffiere no other punishment than whipping, not exceeding thirty stripes, a fine not exceeding one hundred dollars, ora term of imprisonment not exceeding six months i8 to be inflicted.

The circuit courts of the United States have exclu sive cognizance of all ciimes and offences, cognizable

Appendix.

under the authority of the United States, (except where it is otherwise provided by the above recited act, or the laws of the United States otherwise direct,) and con* current jurisdiction with the district courts, of the crimes and offences cognizable therein.

1. Warrant for the apprehension of an offender against the laws of the United States. S C

United States of America,)

Stateof Illinois, county.} sct

Whereas A. B. of the county of , and state of Illinois, has this day given information, on oath, to me the undersigned, an acting justice of the peace in, and lor the county and state aforesaid ; that C. D. also of the same county and state, laborer, did, on the

°f , ’ , at , in the county

and state aforesaid, knowingly, wickedly, and wilfully pass to the said A. B, one counterfeit dollar of the form and similitude of the silver coin, of that denomination, which has been heretofore coined at the mint of the United States, with the intent to defraud the said A. B. ; he, the said C. D. well knowing the said dollar to be counterfeit: these are therefore to command and require you, forthwith, to apprehend the said C. D. if he shall be found in the said county, and bring him before me, or some other justice of the peace for the county of aforesaid, to be dealt with in the pre* mises according to the laws of the United States. And this you are in nowise to omit; and hereof make return, as well as the manner in which you execute the same.

Given under my hand and seal, at , in

the county and state aforesaid, this day of

[L. S.] , A. D. 18 ; and of the independence

of the United States, the

E. F. J ustice of the peace for the county of , and state of Illinois.

To any sworn constable) of said county to execute.}

Appendix*

2. Subpoena for a witness.

United States of America,

State of Illinois, county.

Whereas C. D. of the county of , and state of

Illinois, laborer, has been arrested, and brought before me, the undersigned, an acting justice of the peace, in, and for the county and state aforesaid, on a charge of having passed to A. B. also of the same county and state a counterfeit dollar, of the form and similitude of the silver coin of that denomination, which has been heretofore coined, at the mint of the United States, with the intent thereby, to defraud the said A. B.; and being informed that G. H. of the county and state aforesaid, is a material witness to be examined con cerning the same, in behalf of the United States: these are therefore to command, and require you, to summon the said G. H. to appear before me, at , in the

said county of , on the day of , A.

D. , at o’clock, A. M. of the same day, to

testify concerning the same. And this you are in no wise to omit; and hereof make return, as well as the manner in which you execute the same.

Given under my hand and seal, at ,

in the county and state aforesaid, this [L. S.] day of , A. D. 13 , and of the inde

pendence of the United States, the E. F. Justice of the peace, for the county of ,

and state of Illinois,

To any sworn constable of said county to execute.

3. Recognizance of Bail.

United States of America,) .

State of Illinois, county. £ Sc

Be it remembered, that on the day of

in the year pf our Lord, one thousand eight hundred and , and of the independence of the United

States the ,C. D, of the county of , and

appendix.

5tate of Illinois, laborer, and J. R. and L. M. also of the same county and state, personally came before me the undersigned, an acting justice of the peace, in, and for the county and state aforesaid, and severally acknowl edged themselves to be indebted to the United States Oi America, that is 10 say, the said C. D. in the sum of dollars, and the said J. R. and L. M. in the sum Oa dollars each, of good ai d lawful money of the said United States, to be respectively levied of their goods and chattels, lands and tenements, upon the con dition, nevertheless, that he the said C. D. shall make default, in the performance of the condition underwrit ten.

The condition of this recognizance is such, that if the above bound C. D. shall personally be, and appear be fore the United States’ judges, (or justices) on the first day of the next court to be holden at , for the

district (or circuit.) of ; then, and there, to an

swer to (lie said United States of America, for ai d con cerning the crime of having passed to A. B. of the said county and state, on the day of , A. D.

18 ,at , in the county and state aforesaid, a

counterfeit dollar, of the form and similitude of the sil ver coin of that denomination, which has been here tofore coined at the mint of the United States, know- ingly, wickedly and wilfully, and with the intent there by to defraud the said A. B., in , violation of the laws of the United States, with which said crime, the said C. P. stands charged before me; and to do, and receive what shall by the said court, be then and there ordered and adjudged, of, and concerning the premises; and shall not depart thence, without the leave cf the said court; then this recognizance shall he void, or else to remain in fullforce and virtue:

Taken, subscribed, and acknowledged C. D. [l. s.] before me, at ,in the countyand J. R. [l. s.]

state aforesaid, this day of , L. M. [l. s.1

A. D. 18 , .

E. 1 Justice of the peace, for the county of ar.d state oflljinois.

4 T

Appendix.

4. Recognizance of the witness.

United States of America,)

State of Illinois, count). j

Be it remembered, that on the day of in the year of our Lord, one thousand eight hundred and , and of the independence of’ the United

States, the ; personally came before me, the un

dersigned, an acting justice of the peace, in. and for

the county and state aforesaid, G. H. also of the same county and state, and acknowledged himself to owe and be indebted to the.. United States of America, in the sum of dollars, of good and lawful money of

the said United States, to be made and levied of. his goods and chattels, lands and tenements, if he shall make default in the performance of the condition un derwritten. ,

The condition of the above recognizance is such, that if the above bound G. H. doth personally be and ap pear before the judge (or justices) of the United States, on the first day of the next court to be holden at for the district (ocircu it j of ; and shall then,

and there give such., testimony, as he shall know con cerning (here state the office, as in the recognizance of hail) wherewith the said C. D. stands charged be fore me, at the suit of th(\ United States, and doth not depart hence, without leave of the said court, then the above recogniz mce to be void, Otherwise to remain in full force and virtue. i Q. H. [l. s.l

Taken, subscribed, and acknowledged

before me, at , in the county and

state aforesaid, this dav of

A 0.18 ’

K. F. Justice of the peace, for the county of and state of Illinois.

-<0

Appendix.

5. Mittimus.

United States of America,")

State of Illinois, county.} lSC

To the keeper of the jail in, and for the county of , and state of Illinois.

I send you herewith the body of C. D. laborer, ap prehended by my7 warrant, and brought before me for (here describe the offence particularly) in violation of the laws of the United States, with which said crime, the said C. D. stands charged before me; and you the said keeper, of the said jail, are hereby required to re ceive the said C. D. into your custody as such jailer, and him safely keep, until he shall be thence discharged by due course of the laws of the United States. And for so doing this shall be your sufficient w arrant.*

Given under my hand and seal, at ,

in the county and state aforesaid, this

[L. S.] day of , A. D. 18 , and of the inde

pendence of the United States, the E. F. Justice of the peace, for the county of and state of Illinois.

1 . F orm of an Advertisement of a lost certificate, according to the instructions of the commissioner of the general land

office.

Lost certificate of land purchased from the United States.

Public notice is hereby given, that, three weeks after date, application will be made to the register of the land office, at , in the state of Illinois, for the rc-

In consequence of the resolution of congress of the 23d of September, 1789, recommending it to the Legislatures of the several states, to pass laws, making it the duty of the keepers of theirjails, to receive, and keep prisoners, committed under the authority of the United States, the Legislature of Illinois at their session of 1820, ’21, (see acts of that session, page 30,) passed such a law; upon the express condition, how ever, that the jailer’s fees, and all orther expenses should be paid by the United States.

Appendix.

newal of a certificate in my name, for the quarter of section, numbered , in township numbered

, of range numbered , in the district of

lands offered for sale at ; the original having

been lost, or destroyed.

Given under my hand at , this day of

, A . D. 18

2. Form of the deposition.

State of Illinois,) ,

County of sc ’

This day, personally appeared before me, the under signed, a justice of the peace, in, and for the said coun ty and state, A. B. also of said county, wrho being first duly sworn according to law, deposes, and says, that a certain land certificate w hich he held for the quarter of section, numbered , in township num bered , of range numbered , in the dis trict of lands offered for sale at , has been acci

dentally lost, or destroyed, (here the circumstances of the loss, or destruction should be particularly stated,) and that he has never transferred his right therein to any person whomsoever. A. B.

Sworn to, and subscribed before me, this day of , A. D. 18

C. D. Justice of the peace.

[Here follows the certificate of Magistracy, by the clerk of the county commissioners’ court, and the certificate of the pre siding judge of that court, that he is clerk, in the usual form.]

3. Form of a general power of attorney, to relinquish lands, purchased under the credit system, prior to the 1st day of July, 1820; and for whioh, complete payment has not been made to the United States, under the several acts of congress, passed for the relief of the purchasers of the public lands.

Know all men by these presents, that I, A. B. of the county of , and state of , have made, or

dained, constituted, and appointed C. D. of the county of , and state of , my true and lawful at-

Appendix,

torney, for me, and in my name, io sign, and file with the register of the land office at , in the state of

Illinois, a relinquishment in due form, of any section, half section, quarter section, half quarter section, frac tional section, or legal subdivision of any fractional sec tion of land, the payment of which has not been com pleted, held by me, and purchased at the said land office: and to make, and execute all acts of relinquish ment, which may be required of me to make and exe cute, to ei title me to the benefit of the provisions of the several acts of congress passed for the relief of the pur chasers oi the public lands, prior to the first day o. J uly, %/ our Lord, one thousand eight hundred

and twenty; with power to the said attorney, to sub stitute an attorney or attorneys under him, for the pur poses aforesaid; and to do all lawful acts for eflecting the premises: hereby ratifying,and confirming whatever C. D. the said attorney, substitute, or substitutes, shall, or may lawfully do, or cause to be done therein, by vir tue of these presents.*

In testimony whereof, I, the said A. B. above named, have hereunto set my hand, and affixed my seal, this day of , in the year of our Lord, one thou sand eight hundred and . A. B. [l. s.]

Signed, sealed, and delivered in the presence of,

Je. F.) .

T witnesses.

[Here follows the certificate of acknowledgement before a justice of the peace, the certificate of magistracy by, theelerk of the county commissioners’ court, and the certificate of the presiding judge of that court, that he is clerk, &c.]

The relinquishment may be made by the original parties, then assignees, heirs, or guardians of such heirs, or executors, or administrators, or by attorney duly authorised by such

persons.

Appendix.

Regulations for Miners , revised the 1st of July , 1827, to go tnio operation the 1$/ of August, 1827.

[Prepared by the Department of War.]

1. Persons desirous of mining will, on their arrival

in the countn, apply at the euperinterdert’s office T\here they will be furnished with a permit upon sign ing the following regulations: first. We, the subscri bers, do voluntarily agree to deliver, at least once a month, to a licensed smelter, all lead ore which may come into our possession at the United States’ lead mires, upon receiving 350 pounds of pure lead, or an equivalent in money, tor each 1000 pounds of clean ore ii paid within twenty-five days from the date of deliv ering the ore at the diggings.

We agree not to deliver any lead ore to any other pencil than a licensed smelter, and net to deliver ore to one smelter when w e are ii debted to another, with- out the consent of such creditor.

We agree further, that we will forfeit to the United Slates, all our right, claim, or interest, to any lead ore which we may have, or to any discovery of lead ore or to any lot or piece of ground, upon proof of our bavins- violated either of the above regulations.

. ,oufd Persons mine, or dig, without first obtain ing a permit, they will forfeit the mineral they mnv ob tain; and be liable to a prosecution for a trespass, and damages. Any miner w ho gives false testimony in any dispute or arbitration, or before any magistrate, or who is convicted of stealing lead ore, or any other thine setting fire to the prairie grass, or woods, cutting tim ber wiie re it is prohibited, shall forfeit bis permit to

mine or dig; and i o smelter shall purchase his ere, or give him employment.

3. In order to prevent mistakes or disputes, two or more men must work together, who will previously measme off two hundred yards souare, the lines run mng east, west, north and South, at each corner a

Appendix.

stake at least six feet high, must be placed, marked with the name of at least one of the parties. All min eral obtained within the stakes, will belong to the per sons who work the ground.

4. Each lot laid off as above provided, will be work ed every day, (weather permitting) Saturdays and Sun days excepted; unless the ground should he under ar bitration. Not more than four days'* w ill be allow ed to arbitrate, after the order is received from the office.

5. It is distinctly understood, that, for each two men, whether hired or in partnership, one lot may be held, provided it is worked agreeably to the fourth regulation . A neglect, or evasion by trifling work, such as throw ing out a few shovels full of earth, &c. or the occupan cy ol more ground than one lot by any two miners, will cause a forfeiture. Upon relinquishing or abandoning the ground, the stakes must be drawn.

6. All mineral obtained, wffien removed from the place where it is dug, must be sold to a licensed smelt- errand to no other person whatever. No lead, lot, or discovery is permitted to be sold, or otherwise conveyed to any person but an authorised miner, or licensed smelter; and when a miner is indebted to a smelter, that debt shall be good against the lot, or lead of the miner, even if it should be sold or transferred to an other.

7. When miners are desirous of building cabins, or cultivating gardens, they will apply for a special per mission. All fencing must be by ditching or sodding; and if requisite, stakes and one rider may be put on it.

8. All the leases require twenty men to be kept at wrork on them, and any miner is at liberty to go upon leased grounds, should the lessee not keep the required number on the premises.

9. In disputes between miners respecting lots, &c. the matter must be referred to disinterested persons. — The party aggrieved w ill apply at the superintendent’s office, where an order to arbitrate wrill be furnished.

Seven days are now allowed .

Appendix.

Should the other party refuse to arbitrate, upon notice being served, a forfeiture to the complainant, of all claim, right or interest, in the lead, lot, or discovery, will lake place. Not less than three, nor more than five arbitrators, to be mutually chosen by the contending parties, as follows; if three be the number, one by each party, which two shall choose a third; if five are re quired, two by each party, who shall choose a fifth.— The arbitrators and witnesses shall be sworn. Should a majority of the arbitrators not agree, the case will be referred to the superintendent, or assistant, w’hose de cision shall be final. In making this appeal, or refer ence to the superintendent, the testimony will be record ed by one of the arbitrators, and signed by them all, sealed up and sent to the office of the superintendent, where a written decision will be given; a copy of which may be obtained by both parties.

It is necessary to observe that all quibbling and sub* terfuge with respect to the regulations will be utterly discountenanced. The plain and common received meaning of the words used in them, will, at all times, govern decisions respecting them.

It is not doubted, that the character for honest, cor rect dealing, which miners in this country have hereto fore so justly obtained, will be retained. A few evil disposed persons can easily be governed by those well inclined. And should it become necessary to put the law in force against trespassers, it will be done without respect to persons.

Form of a permit to mine.

U. S. LEAD MINE OFFICE, ) Galena , 1 8 y

A. 13. Having signed the regulations for the govern ment of the U. S. Lead Mines on the east hank of the Upper Mississippi, is hereby permitted to mine and dig lor lead ore, agreeably to those regulations.

Signed by the Superintendent, U. S. L. M,

Appendix.

Form of a bond to be given, to obtain a license for smelting.

Know all men by these presents, that we are

holder), and stand firmly bound, unto the United States of America, or their certain attorney, in the penal sum of dollars, current money of the said United

States, well and truly to be paid into their treasury ; for which payment, well and truly to be made, we, the said do hereby jointly and severally bind ourselves, our heirs, executors, and administrators, and each and every ot them, jointly, severally and firmly, by these presents. Signed with our hands, and sealed with our seals, this day of , in the year of our Lord one thousand eight hundred and .

The condition of the above obligation is such, that whereas the said has obtained from the agent of

the United States, a license, bearing date the day of ,18 , containing stipulations therein

more particularly described, to smelt lead ore: now, if the said shall faithfully and fully execute and

comply with the terms and conditions set forth in said license, then, and in that case, this obligation to he void and of no effect, otherwise to remain in full force and virtue. R. c. [l. s.]

Witnesses present: T. B. [l. s.}

J. B. [l. s.]

Form of a license for smelting.

This indenture, made and entered into this dav of ,18 , between superintending

the United States’ lead mines, acting under the direction of the secretary of war, of the first part, and of the second part, witnesseth, that the said party of the second part, is hereby permitted, by and with the ap probation of the president of the United States, to pur chase and smelt lead ore at the United , States’ lead ini ms, on the Upper Mississippi, for the period of one year from and after the date hereof, upon the follow ing conditions, viz:

Appendix.

l. All purchases, or other acquisitions of ore, ashes, gane, or lead, to be from persons authorised to work the mines, either as lessees, smelters or diggers; and from no others; and no ore to he purchased from the leased premises ot any person, without his permission.

J o commence smelting as soon as one hundred thousand pounds of ore are obtained, and to continue it so long as any is on hand; to weigh a charge of ore for the log furnace, and the lead produced from it, when re quired to do it by the said first party, or his assistant.

3. To keep a hook containing an accurate account of all ore, ashes or zane, purchased, or otherwise acquir ed, and of ail lead manufactured; which book shall, at nil times, be open to the inspection of the said first part), or his assistant; and to furnish a transcript or return, at the end of every month (agreeably to a form to be tarnished by the said first party) which book and ieturns, to be verified on oath, if required.

The sai(J second party hereby agrees to pay the iirst party, for the use of the Ur ited States, the one- tenth part of all the lead smelted by him, under this in denture, to he paid monthly, in clean pure lead, at the ware house on Fever River, or at such other place near the mines, as the said first party shall direct, and free of expense to the United States. And the said se cond party is not to sell, or remove from the place s of smelting, in any manner whatever, any lead, until the rent has been paid as aforesaid.

5. The said second party is allowed to have as much iuel as will suffice, without waste, for the purpose of this indenture, and to cultivate as much land as w ill suffice to furnish his teams, &ic. w 4th provender.

6. It is understood and agreed between the aforesaid parties, that the second party shall not employ, in any manner, any smelter, lessee, or miner, who has forfeited his license, lease, or permit to mine, nor any other per son w.;o is at the mines without the authority ofsaid first party ; and said second party agrees r of to on, ploy or har bor the laborers or workmen ofanother smelter.

further understood and agreed between the

4a

Appendix.

parlies, that all lead which shall be made by the said se cond party under this indenture, shall be manufactured into pigs of the following shape and weight each, viz:

Sixty days are allowed after the expiration of this license, to dose all business under it: but it is under stood that no purchase, or hauling of ore, is to take place after the license is expired. The bond given for the faithful performance of the contract is to be in full force and virtue, until a written settlement is made.

It is distinctly understood by the said parties* that, upon proof being afforded to the first party, that either of the foregoing stipulations have been violated, or not com, died with, he may declare his indenture null and void, and re-enter, and take possession of all the premi ses, as if no such agreement existed.

Witnesses present: T. L. [l. s.]

R. C. [fj. s.]

Form of a bond for a lease.

Know all men by these presents, that we are

holden, and stand firmly bound, unto the United States of America, or their certain attorney, in the penal sum of dollars, current money of the said United

States, well and truly to be paid into their treasury; for which payment, well and truly to he made, we, the said do jointly and severally hind ourselves, our heirs, executors, and administrators, and each and every of them, jointly, severally and firmly, by these presents. Signed with our hands, and sealed with our seals, this day of , in the year of our Lord one thou

sand eight hundred and

The condition of the above obligation is such, that, whereas the said has obtained from the United

States, a lease, bearing date the day of ,

18 , of a certain tract of land, containing about

acres, as therein more particularly described, which is supposed to contain lead ore. Now, if the said shall faithfully and fully execute and comply with the

Appendix.

term? and conditions set forth in said Lease, then, and in that case, this obligation to be void and of no effect, otlieru ise to remain in fail force and virtue.

Form of a lease for mining and smelting purposes.

This indenture, made and entered into, this day

,18 , between , of the army of the United

otates, acting under the direction of the Hon. Se cretary of War, of the first part, and , of , of the second part, Witnessed, that the said party, of the first pari, for and in consideration of the rents, covenants, and agreements hereinafter mentioned, doth, by these presents, and by arid with the approbation of the Presi dent of the United States, grant, lease, and farm unto the said party of the second part, his heirs and repre sentatives, for the full term of three years, from and af ter the date hereof, a tract of land, the property of the United States, supposed to contain a mine or mines of lead ore, according to the annexed plat of survey containing about acres, to have and to hold the same, from a d after the time above stated, for the term aforesaid, unto the said party of the second part, his heirs and representatives, upon the conditions follow ing, to wit:

1 1f1ISV Th,at the said Party the second part, here by binds and obliges himself to commence mining, and (it there is wood upon the premises,) manufacturing lead upon the said land, within two months after the date hereof, and to continue such mining and manufacturing with a force which shall at no time he Jess than twen- mon’ weather and season permitting, without cessa tion or intermittance. Should the said second party not have twenty laborers in his employ, it is understood anc agreed, that any miner may go upon the above pre mises and work provided he will deliver to the said se- eo . pm a) t.ie ore ne may dig, upon, his paying, or securing to be paid, to him the usual quantity of lead tor an equivalent,) for each 1 000 pounds of ore ; and the

emd second party admitting the premises to he so occn-

Appendix.

pied, will be considered the same as keeping twenty men in his employ.

Second. That the said party of the second part, at the end of every month, shall pay to the said party of the first part, one of the product of said mining

and manufacturing operations, in clean pure lead, as a rent, for the use of the United States, and deposit the same in a store house near (which shall he

designated by the said first party.) free of expense to the United States.

Third. The said party of the second part, agrees to make, at his own cost and expense, all the necessary preparation and improvements for the prosecution and fulfilment of this indenture on his part, tor which pur pose he is allowed and permitted the use of all such stone, wood and water, as may be found upon the pre mises, and as may be required without waste or extra vagance.

Fourth. It is agreed and understood between the said parties, that the second party shall keep a book or books, in which he shall state a true and faithful ac count of all the mineral and lead which he shall raise, purchase or manufacture, from time to time, which said book or books shall always be open for the free inspec tion or examination of the said party of the first part; and the said second party agrees to furnish the said first party with a monthly abstract or return of such mining or manufacturing operations, at the end of every month, agreeably to a form to he furnished by the first party, which shall contain a list of all the miners or laborers at vyork at said mine, and wrhich said books and returns the said second party shall, at any time when required by tiie said first party, verify on oath or affirmation.

Fifth. It is further understood and agreed between the said parties, that the said party of the second part shall not, at any time, nor in any manner whatever, dis pose of, or sub-lease the said land, to any person or per sons whatever; that at no time, under any pretext, shall the said party, or any one by or under his authority, con vey away, or remove the whole, or any part of the mi-

Appendix.

neral, or lead, from said laud, or places of manufacture, without the consent and approbation of the said party of the first part, until all arrerages of rent which shall be due and owing by the said second party, shall be set tled up and paid.

Sixth. The said second party agrees not to permit any miner or laborer to commence working at the said mine, until he signs the rules and regulations thereof; one of which shall be, “not to remove, sell, or otherwise dis pose of, any ore or mineral lie may dig, to any other than the said second party,” nor to allow any person to continue working, after he has broken said regulation.

Seventh. The said second party furthermore hereby agrees, (here insert whatever may be. agreed upon by the parties, in this place.)

Eighth. It is moreover, further and explicitly under stood and agreed between the said parties, that, upon the failure of the said party of the second part, to carry into effect any part of this indenture or agreement, or on his no -compliance w ith any of its stipulations, the said first party may declare it void and forfeited, at his option, and re-enter and take possession of the premises, as if no such indenture or agreement had been entered into.

In testimony wrhereof, We, the said parties to these presents, have hereunto signed our names, and affixed our seals, the day and year before written.

Regulations concerning town lots in Galena.

It having been requested from the U. States’ agent for lead mines, to grant us permission to build, and en close a small quantity of ground for our convenience, it has been granted upon the following conditions, to wit: That we will not claim any right, title, or interest in the said land, other thaa as tenants at the will of the said agent, or such other agent as may be appointed for the superintendence of the mines; and we hereby bind, and obligate ourselves to quit said premises, upon one month’s notice to that effect being given by said agent, or other agent; it heir, 2: understood that those persons who have licenses or leases, are not included in this ar~

Appendix.

h'2

rangemenf, but are to occupy agreeably 'to their con- tracis. No transfer of said grouads or 'improvements, vuii be made without (be consent m the agent, and will be subject to the aforesaid regulation. That wc will a- bioo ny ml regulations which may be made with respect to directions ot streets, &c. Also to commence to build upon said ground within sixty days from the date of our permits to occupy, and not to sc!! or transfer the lot, or piece of ground, without consent, and through the office ol t:'c said superintendent.

Galena, June, 1827.

Permit.

— — is permitted to occupy lot No., on the prai rie, under the usual restrictions.* . 1

Galena, day of ? 18 .

Note. — No permits are now granted to occupy town lots.

Miners have been permitted to cultivate gardens, upon sifrn mg the following conditions:

i oat we will not claim any right, title, or interest in the said land, other than as tenants at the will of said agent, or such other agent as may be appointed for the superintendence of the mines; a nd jy tfTieFby. bind and o el i gate ourselves to quit said premises upon one monin's notice to that effect, being given by said agent, fc being unde s stood, tuat those persons', who have licen ses or leases, aie not- included in this arrangement, but are Jo occupy agreeably to their contracts.

No transfer of said ground, or improvements, will be made without, the consent of the agent, ami will he sub ject to the aforesaid regulation.

Note.— No permits are given, or grants made for farming purposes. ®

7° comnience building within sixty days, to deliver up pos session upon days. notice, and not to transfer, without per mission of the superintendent. ‘ 1

Index.

Page,

2©

141?

.Account

O t notice of auditors, to the parties Report of auditors

ACKNOWLEDGEMENT OF DEEDS, &c.

See appendix

AGREEMENTS & CO-PARTNERSHIPS— Articles of 154

AD QUOD DAMNUM— Writ of 113

Notice to owner of opposite land 114

Oath of jury, inquisition, & notice thereof 114-15 ADMINISTRATION — Letters of, to collect 126

Letters of, and testamentary 128-P

AD MINISTRATOR — (See Executor)

Affidavits

By creditor, to obtain dom. &for. attachments Bo require defendant to give special bail Of non-residence of defendant, in chancery To be admitted to sue as a poor person For continuance For capias in detinue

To obtain writ of hab. corp. ad testificandum Of witnesses to obtain fees

To obtain attachment from J. P.

Appeals

Supersedeas to justice, & c. on execution of bond 96 ADMISSION OF ATTORNEYS AT LAW License, oath, &c.

ADV E lx I ICEMEN T — To the public Certificate of, by printer Of estrays, by clerk of county court APPRAISERS — Of deceased’s estate, and oath Of estrays— (See Estray)

Apprenticeship

Indenture of, with consent of father, &c.

Do. by judge of probate

22

ARBITRATIONS AND REFERENCES Submission, to be made rule Sfcpurt Bond and award

Umpirage and general release Notice to adverse party ASSUMPSIT — Summons in an action of ATTACHMENTS — W rit of in Circuit court Notice to be published Against person for disobeying decree Do. witness for contempt To compel production of will By justice, for juror or witness Writ of, by justice, in debt ATTORNEY-— Power of

Warrant of, to defend a suit (See appendix)

BAIL — Bond in civil and criminal actions Recognizance of, in do.

Scire facias against /

Special, on capias from justice Summons vs., from justice BILL OF EXCEPTIONS— Forrti of BILLS OF EXCHANGE

Bill Of Sale

BONDS — Upon appeals from circUitto Do. from court of probate to cir Do. from J. P. in civil rimiuai case of trial of right <pf property U{)on arbitration

Do. attack,.ments./:-\;, - .

Forthcomi ng and replevy Upon spccitu bail in civil actions To replevy fine and costs Of clerk of circuit court For /costs in do. W In case of certiorari Taken of defendant in detinue Given in behalf ofapptjfca To obtaio injuticfio Atay Do. do.

36—7—94

54

ritof hab.ebrp. 77

eedirigsatlaw 80 &c. f " 82

to tym wasteJatstoi

Gi ver\fcr comyltiWCm to qtftain writ of ne exeat 87 Given* to -sheriff by defendant, on the above 88

Index.

ltfDEX.

B O N D S — Continued.

In replevin, bv plaintiff to sheriff By person intending to move to quash fee bill

1 25-G — 130-1

to clerk supreme court

Given by free negro Oi executor or administrator Of public administrator . Of guardian

: For costs, before justice CARTAS — Writ of, in detinue,

Ad respondendum fn debt In criminal cases, in circuit court Ad satisfaciendum . Pro fine

Ad respondendum fromljustice Ad satisfaciendum frorrido,

CERTIFICATE — Of redemption of land sold for taxes Of magistracy, by clerk!

Of county commissioners CERTIORARI— Writ of, in the Do. in circuit court

Do. when part of the papers only, are sent up C LE R K O F C IllG UIT CO U IfT 1

Outn of. to be taken, ad bond given 53—4

CH ANCERY— Form of subpW,a6d publication 43-9 Decree or bill, answer, &£. 50

.(Xder to defendant io prepare a decree Writ of at(achmw/1ri, for disob(

Process of ’stHhu&si ration in eo

CONSTABLES— Rpfurns and notices it 7

affidavit for)

( v py l<Un®* , ‘V a£t'0Goi!n4’ coiri' court 112

i Uy' frecured

ue s °b &c-

for, to be given

JVi i, si — Circuit *f)i county commissioners Of probate Supreme

V‘, — Assessment of, by clerk

n(?n..',l'i; °j erifIulrv of; afterjudgment P,r3. — Insolvent. dlsehargf

i‘VUl!V Vr commission, in circuit court

obeying decree

Index

DEDIMUS — Continued.

By judge of probate 122

DEEDS — Acknowledgment of, before J. P. 141

Of sheriff 151

Of conveyance and quitclaim 155-6

Of trust and trustees’ deed 157-8

D l POSITIONS' — Notices of, to adverse party 61

Form of, certified 65

Defeasance 160

DETIN UE — Affidavit and capias, ia 66

Bond from defendant in, to sheriff 67

DOWER — Summons vs. defendant, on petition of widow 68 Notice to be published vs. non-resident def’ts 69 Oath of commissioners, to assign dower 70

Due-Bill 164

EJECTMENT — -Proceedings in an action of trespass and 72 Rule of court thereon 74

Habere facias possessionem, w ith li. fa. fee* 75 ENTRY & DETAINER— (See Forcible Entry, &c.)

Notice, &c. and complaint, &c. ' 142-3

ERROR- — Writ of 10

Return to writ, by clerk of circuit court 1 1

Subpoena therein w

Returns thereto, by sheriff 12-13

Assignment of, in supreme court 15

ESCAPE— Form of warrant 99

ESTRAYS — Advertisement of, &c. 113

Appraisement of, &c. 145

EXCEPTIONS— Bill of 76

EXCHANGE— Bills of 162-3

EXECUTION— (See Sp. Writs & Executions) 98-102-3, 4, 5 Writ of, onjudgm’tof conviction — capital pun. 106 EXHONERETUR — Form of, in circuit court 48

EXECUTOR, &c.— Oath of, and bond 124-5

Ne w bond of, or of administrator 131

FEES — Of witnesses, affidavit to obtain 98

FIERI FACIAS— Execution 102

Against administrators de bonis testatoris Do. principal & bail on recognizance for fine 103 For fine and costs- in criminal cases For costs in civil cases 104

For residue, on venditioni exponas 105

From justice of peace , 139

Index. 5

Page.

Forcible Entry And Detainer

(See justices of peace.) 142

FORTH COMING BOND-— (See bonds)

F U G i T I V ES F ROM JUSTICE

Executive of another state demanding fugi-) live, Sic. (Sec appendix) $

Agent appointed to receive Si transport fu-) 0

gitive, Sic. ” $

Fugitives From Service

Person held to service, escaping into ano ther state, to be delivered up to claim ant. (See appendix)

Liability for obstructing claimant in seizing fugitive

Proof necessary for justice to issue warrant) upon )

Affidavit do. to prevent imposition Warrant to claimant to remove fugitive GU A EDI A N— Bond of

Letters of guardianship

GALENA — Regulations of town lots. (See appendix) . HABERE FACIAS SEISINAM HABEAS CORPUS — Writ of, issued in term time Issued in vacation Bond, given in behalf of applicant Writ of, testificandum INQUISITION — Ofjury, under writ of ad quod IN ERROGA TORIES — Form of, to be put to witness INJUNCTION — Writ of, to stay proceedings, and bond Do. to stay waste, trespass. Sic.

Indenture Of Apprenticeship

Of minor, by consent of, Sic. 1 32

Bv judge of probate, Sic. to learn trade 133

J URIESAN D J U EORS— Oath of grand jurors, &c. 82-3

Summons vs. juror, for failing to attend 85

Oath and inquisition of, upon writ of ad quod 1 14 Jury warrant 1 15

JUDGE OF PROBATE— (See court of probate)

Jus! Ices Of The Peace

Summons and capias from, in civi! cases 137

Subpoena, and subpoena duces tecum 138

Cc)

o

V,

- — r 1 r

Index,

Page,

5?

5)

JL’Sl WES OF T,TE PEACE — Continued.

Venire for ,u rv

Atiaci meat for juror or witness Fieri facias

Oath to procure ca. sa.

Writ of ca, sa.

Summons vs. bail

Frool of a deed, and acknowledgment b orcible entry and detainer .Notice to person in possession Complaint, &c.

Summons to defendant, oath of jury and judgment

Proceedings on attachment before 146

. Do, against runaway slaves 147

Criminal proceedings before 148-9 — 150

Jurisdiction of, under the laws of the Unit-) ed States (see appendix)

Act of Congress, Sept. 1789 Warrant to apprehend offenders Subpoena for wi l ness Recognizance of bail. Do. witness ”

Mittimus to jailer ”

D- — Certificate of redemption of land sold for taxes

LEASE — Form of

See mining regulations — (appendix)

LETTERS OF ADMINISTRATION — To collect TESTAMENTARY OF GUARDIANSHIP LIC ENSE — Of attorney at law For marriage

To smelters (see appendix)

Lost Certificate

Advertisement of, and deposition LOTS — Regulations concerning, in Galena M N D AM US — Writ of, and return MA KRIAGE — License for MF, ASU RES— (See weights and measures)

MINORS — Notice to, by judge of probate MITTIMUS — In the circuit court

From justice, i t criminal cases Do. under the laws of the U. S. — (appendix)

5?

??

5?

' 36

-stf

Mortg Ages

?

Index.

NATURALIZATION (see appendix

Power of congress to establish uniform rule of 6 Conditions on ,ie mi* or alien is admin- d 7 Alien dying before uuiuraiization, widow-) „ and children of, considered citizens Oath'&c. ol alien — live years residence required 8 Additional oath — declaration dispensed) „ with, and proof J

Children of naturalized persons, citizens 9

Residence required in 1 795, & declaratory oath 10 Declaration — and oath of naturalization " 11-12 Affidavit of witness to prove residence 13

Order of court admitting alien ”

Affidavit on previous declaration 14

Certificate of naturalization 15

Do. of judge of court ] 9

SE EXEAT RESPUBLICA— Writ of 86

Bond given by complainant 87

Do, to sheriff, by defendant 88

testament

NEGRO, FREE — Bond to be given by NOTARY PUBLIC — Protest of NOTICES — By auditors, to parties litigant

To be served on adverse party in circuit court To be published in case of domestic attachm't Publication of, vs. defendant in chancery To take depositions

Publication of, when def’t resides out of county To owners of opposite land, on writ of ad quod 1 1 4 Same after inquisition To heirs, &c. of issuing letter

tary on nuncupative will i

To be given on qualification o'f executors, &c.

To minors, by judge of probate NOTES — Promissory, with and without seal, See.

©ATHS — Of attorneys at law

Of clerk of circuit court Of commissioners to make assignment of dower 70 Of grand and petit jurofs 82-3

Of jury upon writ of ad quod damnum 1 14

Of executor or administrator 1 24

Of administrator to collect 127

T

Ix D Ex.

O A T HS — Continued .

Oi public administrator 127

Of appraisers of estate of deceased 1 32

To- procu re ca. sa. from j ustice 1 39

Of jury, in forcible entry and detainer 144

Of taker up of estray, before j ustice 145

ORDERS — Of publication to nou-resident defendant 49

Directing a defendant to prepare a decree 51 On affidavit to beadmitledtosueasa poorperson 56 A ppointingagkof county court, tobuild jail Sic. 1 12 PARTITION OF LANDS — Sum. vs. joint tenants, &c. 90

Report of commissioners appointed to make 91 PENSIONS FOR REVOLUTIONARY SERVICES

(See appendix)

Original ciaim-

-declaration-

Proof of service and discharge Schedule and value of property — certifi cate of clerk

Certificate of judge of court Notes on requisites for making out decla ration, &c.

Statement where change is made Proceedings where property has been sold by execution

Person unable to attend court, take oath before judge, Sic.

Pay of pensioners per month PENSIONERS OE ARMY AND NAVY, IN LATE WAR.

(See appendix.)

Declaration, proof of service & disabilities 29-30 Certificate of surgeons Si rate of disability Instructions, Sic. how to proceed Power of attorney, Sic. to receive pension ”

PLE A— Of interpleader and replication thereto PERMITS

To mine — occupy town lots — cultiv

gardens — (appendix)

POOR PERSON — Affidavit of, to be admitted to sue as such 55 POWER OF ATTORNEY— To collect, &c. 161

Qo

fivatej

To defend suit

To receive pension — (see appendix) To relinquish lands

Lydex. &

Page-.

PROCEDENDO— Writ of 89

PROTEST — Of notary public 163

PUBLIC ADMINISTRATOR— Oath and bond of 127 PUBLICATION — Order of, in case offoreign attachm’t 39 Do. notice to non-resident defenTt in chancery 49

QUIETUS — To sheriff from county treasi QUIT CLAIM— Deed of f

RECOGNIZANCE — In cases of special bail To replevy tine, &c. after judgment Taken by justice, of criminal

RECORDER-*-Endorsement of certificate ofr&eordino- REGULATIONS FOB MINERS, (Sa&endix) Permit to mine fv ”

Smelter’s bond and license T Bond for a lease — and lease ”

Concerning town lots in Galena

RE LEA SE — G e t) e r al — ( see arbitrations, &C.T RENUNCIATION— Of widow REPLEVIN — Writ of, and writ Bond given by plaintiff, and Writ of retorno habendo REPLEVY BONDS— Or forthcoming

Given before moving to quash fee bill REPORTS— (see account)

Of commissioners to assign dormer Of do. to make partition of land RESTITUTION — Writ of, withfi. fa. in circuit court Do. by j ustice of peace R!/I URNS — (see sheriffs and constables)

RULES OF PRACTICE— In the sup. court, & motions Supersedeas, writs of error, process, Slc, Docketing suits for hearing, & assignm’t of error 3 Rehearing o

SALE— Bill of lcj

SCIRE FATTAS — Against a garnishee 41

Against bail, in criminal cases 47

To revive a judgment after a year, Szc . 97

SCHEDULE — Of justice, to writ of certiorari SEQUESTRATION — (see chancery)

SHERIFFS — Returns of

Notice of sale by, under execution Certificate of purchase, and deed, by SL ES — Runaway, proceedings against S UBAI ISSION S — (see arbitrations)

7§

108-9-10-11

5?

‘ Page.

SUBPOENA — Against defendant in error , 11

For witness to appear and give deposition 63

Do. do. at circuit court 100

Duces tecum 101-138

t

For witness,, by justice of the peace SUMMONS

. Against, defendant, on petition for assign ment of dower

Original writ of, in ejectment Against a juror for failing to attend Against joint tenants, &c.

Or writ of replevin In an action of assumpsit By justice of peace, in civil cases To appraisers of estrays SUPERSEDEAS— To issue to-jnstipe, &c. in appeals TAXES — Certificate of redemption for TRUSTEE’S DEED UMPIRAGE — -(see arbitrations „ &c.)

VENDITIONI EXPONAS — Execution for part, & fi, fa. 105 VENIRE FACIAS— In circuit court From justice of the peace VERDICT— Special, form of IV AREA NTS— -Escape warrant

ii justice, to apprehend offenders

10©

Search warrant

UkJ

Of attorney, to do fend a suit WEIGHTS AND MEASURES WILLS

Form of, and proof 119-20-21

Subpoena for witness, to prove dedimus to) , Q take deposition j

Noncupative, notice of, to heirs, Sic, 1 23

Attachment to compel production of WITNESSES — Fees of — affidavit to obtain

Of