BOOK III. CONTAINING THE FORMS TO BE USED IN ALL THE JUDICIAL PROCEEDINGS PRESCRIBED OR AUTHORIZED BY THIS CODE. TITLE I. OF THE FORMS TO BE USED IN THE PROCEEDINGS AUTHORIZED BY THE FIRST BOOK, TITLE FIRST, FOR THE PREVENTION OF offences. CHAPTER I. General provisions. Art. 575. Where the forms given in this book are filled up, the parts within brackets are to be changed according to the circumstances; the real names are to be substituted for the letters used to represent them in the forms, and the real dates for the blanks or the fictitious dates used in the forms. Art. 576. The certificate of the attestation of the magistrate to affidavits, the seals to writs, and the signatures of parties, clerks and magistrates, are omitted in most of these forms. The cases in which they are necessary, in practice, are either declared by the law on the subject, or result from the nature of the instrument. Art. 577. Where the beginning or conclusion of any form has been given before, it is omitted in the subsequent forms of the same nature. The part of the form omitted in the beginning of any precedent, is to be supplied by copying the formal part that had before been given, down to the recurrence of the word with which the new form begins. Thus, in the precedents of an indictment, the formal part must be copied in each case down to the word "did," with which word some of the forms, given for the different officers, begin in the subsequent precedents; or to the word "that," with which others begin. The formal conclusion is supplied by "&c." CHAPTER II. Of the forms to be used in the proceedings under the third chapter of the title and book aforesaid. Art. 578. The honorary certificate, directed to be granted by the article, shall be in the following form: "State of Louisiana-certificate of merit. "A. B. having [here insert the act with such circumstances as in the opinion of the court rendered it worthy of recompense], the criminal court of said state [reciting the style of the court] have, according to the laws of the said state, caused this certificate to be made out, under their seal, to record the merit of his conduct, and to have the other effects provided for by law. Witness, J. T. judge of the said court, this day of in the year Art. 579. The certificate directed by the article, to entitle the person giving information of an offence to the reward thereby directed, shall be as follows: "We certify, that A. B. gave the first information which led to the conviction of C. D. of the offence of [here insert the description of offence]; and that, pursuant to the directions of the Code of Criminal Procedure, he is entitled to receive from the treasurer of the state, out of the compensation fund, the sum of fifty dollars. Dated the day of in the year Art. 580. The several proceedings for the prevention of offences by the intervention of officers of justice, which are authorized by the third chapter of the title and book mentioned in the title of this chapter, shall be according to the following forms : 1. The form of an affidavit required by the first article of that chap ter: “I, A. B., do hereby declare, that I do fear that C. D. intends to commit an offence against my person [or property, designating which] by [designating the act which is apprehended]; and that I have just reason for this fear, because [here insert the circumstances which cause the apprehension. ]" 2. Form of the warrant: "To H. H. one of the constables," &c. "Whereas, A. B. hath made oath before me, C. D. [designating the office of the magistrate], that he has just reason to fear and does fear, that E. F. intends to [here insert the nature of the offence]: You are, therefore, ordered to arrest the said E. F., and bring him before me to answer the said allegation, and to be dealt with according to law. Given under my hand, this day of in the year 3. The form of the bond: "We, E. F. and G. H., acknowledge ourselves bound in solido to the state of Louisiana in the sum of to be paid by us, or our heirs, if the said C. D. shall commit any offence against [the person] of A. B. within the term of one year." 4. The form of commitment, if the accused do not find security. "To the sheriff of the parish, &c. By C. D. [one of the justices, &c.] "Keep in safe custody, until he shall be discharged by law, E. F. herewith delivered to you, charged, on the oath of A. B., with an intent to [here insert the charge]. Witness my hand, this day of in the year Art. 581. Any one committed by virtue of such commitment, may be brought up by order of the magistrate who committed him whenever he finds security, and on executing the bond aforesaid shall be discharged. 5. Warrant for arrest, on the view of the magistrate, under the article. "To H. H. one of the constables," &c. "Whereas, E. F. in the presence and view of me, C. D., one of the justices [insert his style of office], did commit illegal violence on the person of A. B.: You are, therefore, commanded to arrest the said E. F., and bring him before me to answer for the said offence, and to be dealt with according to law. Given under my hand this of in the year 6. Application for a summons, in case of an intended libel. "To C. D. one of the justices," &c. day "A. B. complains that E. F. as he is informed and believes, is now printing a libel against him, which he intends to publish [or that he has written and intends to print, or continues to sell and circulate, some such libel, or some such publication as is forbidden by the Penal Code, as the case may be]; he therefore prays, that the said E. F. may be summoned, for admonition, according to law." the 7. Summons on the above complaint. [one of the justices, &c.] on o'clock in the morning, at my office, to hear the complaint of A. B. against him, for intending to publish [or for continuing to circulate, &c., as the case may be] a libel against him [or other publication forbidden by the Code of Crimes and Punishments, as the case may be]. Witness my hand, this day of C. D." Art. 582. If the person summoned do not appear, and the officer to whom it was directed shall return, that it was duly served, such summons and return shall have the same effect as to the punishment, in case of conviction, that the admonition would have had. CHAPTER III. Form of the proceeding authorized by the fourth chapter respecting search warrants. Art. 583. The forms to be used for proceedings authorized by this chapter are as follows: 1. Affidavit for procuring a search warrant for stolen goods, or goods taken on false pretences or fraud: "A. B. being duly sworn before me, C. D. one of the justices, &c. [insert the office of the magistrate], doth depose, that the following property, viz. [describing it], the property of [insert the name of the owner], has been stolen, [or has been taken by false pretences, or has been forced and fraudulently appropriated, as the case may be], in the parish of ; and that the deponent believes, that the said property is concealed in the house of I. K., [or, as the case may be, in a particular chamber, or in a barn, or other place, describing it], in the said parish; and he so believes because [here state the circumstances on which the belief is founded.] 2. Affidavit for procuring a search warrant for seizing forged instruments in writing, or counterfeit coin, or the instruments and materials for making them. "A. B. being duly sworn before me, C. D. [insert the magistrate's office], doth depose, that he believes that certain forged bank notes [or counterfeit coin, or instruments, or materials for making them, as the case may be] are concealed in the house of [describing the place] with the fraudulent intent of passing the same [if it be bank notes or coin] or of [employing the said instruments or materials in committing the crime of forgery or counterfeiting, as the case may be]; and he also believes [state the circumstances on which he founds his belief.] 3. Affidavit for procuring a search warrant for arms and munitions prepared for insurrection or riot. "A. B. being duly sworn before me, C. D. [insert the magistrate's office] doth depose, that he believes that certain arms [or munitions, as the case may be] consisting of [describe of what kind the arms or munitions are], are concealed in [describe the place]; and that they are intended to be used for the purposes of a riot [or insurrection, as the case may be], which he also believes certain persons have conspired to make [or have actually made, if such be the case]; and that his reasons for believing as aforesaid are [insert the reasons for believing in the insurrection, or riot, or the conspiracy, to effect them, as well as the concealment of the arms for that purpose.] 4. Affidavit for a search warrant for some article, the production of which may be necessary on a trial: "A. B. being duly sworn, &c. [as before] doth depose, that on the trial of E. F. now under examination, [or lately committed or bailed, as the case may be], on an accusation of [state the offence] a certain silver-mounted pistol [or any other article, describing it], will, as he believes, be necessary to be produced, and that the same, as he believes, is now in the house occupied by G. H. situate in [describing the place]; and that his reasons for believing that the production of the said article will be necessary are [here state the circumstances. ] 5. Warrant to search for goods stolen, taken under false pretences, or forced : "To the sheriff of the parish [or to A. B. one of the constables of the parish of "Whereas, affidavit hath this day been made before me, C. D. one of the justices, &c. [insert the office of the magistrate] by A. B. that certain property belonging to was stolen [or obtained by false pretences from him, or had been fraudulently appropriated, as the case may be,] and that he had good reason to believe and did believe, that the said property was concealed in the house of situate in [or other place, describing it]: You are therefore required, without delay, to make search in the said house [or other place] in the daytime for the said property; and if you find the same, or any part thereof, that you bring the same, with the person in whose custody the same was found, before me without delay, to be examined and dealt with according to law. Given under my hand and seal, this in the year day of 6. Search warrant for seizing forged instruments in writing, or counterfeit coin, or the instruments and materials for making them. "To the Sheriff, &c. "Whereas, an affidavit has been made, &c. [as in the preceding form] that certain forged bank bills [or counterfeit coin, or instruments or materials for making forged bills or counterfeit coin, as the case may be, reciting the affidavit], are concealed, &c. [as in the affidavit, describing the place particularly], with the fraudulent intent of passing the said bills or coin [or employing the said materials or instruments in committing the crime of forgery or counterfeiting, as the same may be stated in the affidavit]: You are therefore required," &c. as in the last form. 7. Search warrant for seizing arms and munitions prepared for insurrection or riot. "To the Sheriff, &c. "Whereas, &c. [the direction and recital as in the preceding forms] affidavit has been made before me, &c. by A. B. stating that he believes, and has good reason to believe, there are certain arms [or munitions, describing them as in the affidavit] are concealed in [describing the place as in the affidavit], and that they are intended to be used for the purposes of an insurrection, [or riot, as the case may be] which certain persons have conspired to make [or have made] as he also believes, and has good reason to believe: You are therefore required," &c. as in the preceding forms. TITLE II. OF THE FORMS TO BE USED IN THE PROCEEDINGS AUTHORIZED BY THE FIRST BOOK, TITLE SECOND, FOR SUPPRESSING PERMANENT OFFENCES. CHAPTER I. Forms of proceeding to be used for giving effect to the directions for suppressing permanent offences against public tranquillity, public safety, public health, public property, morals, and decency, and reputation. Art. 584. Affidavit of the existence of an unlawful assembly or riot: “A. B. and C. D. of the parish of [New Orleans], being sworn say, |