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Warrant for a witness in a case of felony.

State of Illinois,

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La Salle County, ss. To any constable of said county: Whereas, oath hath been made before Seth B. Farwell, Esquire, a justice of the peace of the said county, by A. B., that a horse of the said A. B. was lately stolen, taken, and carried away, at in the county aforesaid, and that he has good cause to believe that G. H. is a material witness to prove by whom the said larceny was committed. These are, therefore, in the name of the people of the state of Illinois, to require you to cause the said G. H. forthwith to come before the said justice to give such information and evidence as he knoweth concerning said felony. Given under the hand and seal of the said justice, this day of

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Seth B. Farwell. [L. S.]

Warrant against a against a witness who has refused to attend on

State of Illinois,

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sumimons.

La Salle County, ss. To any constable of said county: These are, in the name of the people of the state of Illinois, to command you, upon sight hereof, to take G. H. and bring him before the subscriber, a justice of the peace of the said county, to answer all such matters and things as, on the behalf of the said people, are on oath objected against him by A. B., for that he, the said G. H., being a material witness to prove a certain felony lately committed, and, having been duly summoned to give evidence touching the same, hath neglected to appear in pursuance of said summons. Given under the hand and seal of the said justice, this

day of

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Seth B. Farwell. [L. S.]

Commitment of a witness for refusing to give evidence.

State of Illinois,

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La Salle County, ss. To any constable of the said county, and to the keeper of the common jail of the said county: These are, in the name of the people of the state of Illinois, to command you, the said constable, forthwith to convey and deliver into the custody of the said keeper the body of G. H., this day brought before the subscriber, one of the justices of the peace of said county, for that he, the said G. H., having knowledge that a certain felony and larceny was committed in the county aforesaid, that is to say, that a certain horse, the property of the said A. B., was feloniously stolen, taken, and carried away by C. D., on the

day of

last, touching which the said G. H. can give material evidence, has refused to be examined on oath respecting the same; and you, the said keeper, are hereby required to receive the said G. H. into your custody in the said jail, and him there safely keep until he shall submit to be examined touching the said felony, or shall be discharged by due course of law. Given under the hand and seal of the said justice, this day of 18 Seth B. Farwell. [L. S.]

Oath of complainant or witness on the examination.

You do swear by the ever living God, that the evidence you shall give between the people of the state of Illinois and C. D., touching the charge exhibited against him now in hearing, shall be the truth, the whole truth, and nothing but the truth so help you God.

Form of affirmation.

You do solemnly, sincerely, and truly declare and affirm, that the evidence that you shall give, between the people of the state of Illinois and C. D., touching the charge exhibited against him now in hearing, shall be the truth, the whole truth, and nothing but the truth: and this you do under the pains and penalties that may ensue thereon.

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in the county

in the county

aforesaid, and E. F. and G. H., of aforesaid, personally came before Seth B. Farwell, Esquire, a justice (if taken by two justices, then say "before us,

two of the justices") of the peace of the said county, and severally and respectively acknowledged themselves to owe the people of the state of Illinois, that is to say, the said C. D. the sum of two hundred dollars, and the said. E. F. and G. H. each the sum of one hundred dollars, separately to be made and levied of their respective goods and chattels, lands and tenements, to the use of the said people, if default shall be made in the condition following:

The condition of this recognizance is such, that, if the said C. D. shall personally be and appear at the next term of the circuit court to be held in and for the said county of La Salle, on the first day thereof, to answer to an indictment to be preferred against him for (here set forth the offence briefly,) and to do and receive what shall by the court be than and there enjoined upon him, and shall not depart the court without leave, then this recognizance to be void, or else to remain in full force.

Taken, subscribed, and acknowledged
the day and year first above written,
before
Seth B. Farwell.

us,

Recognizance of two prisoners.

State of Illinois,

C. D.

E. F.

G. H.

in the

in the

La Salle county, S ss. Be it remembered, that, on the day of 18 C. D. and J. K., of county aforesaid, and E. F. and G. H., of county aforesaid, personally came before Seth B. Farwell, Esquire, a justice (if taken by two justices, then say "before two justices") of the peace of the said county, and severally acknowledged themselves to owe to the people of the state of Illinois, that is to say, the said C. D. and J. K. the sum of three hundred dollars each, and the said E. F. and G. H. the sum of one hundred and fifty dollars each, to be respectively levied of their several goods and chattels, lands and tenements, to the use of the said people, if default shall be made in the condition following:

The condition of this recognizance is such, that, if the above bounden C. D. and J. K. shall personally be and appear at the next term of the circuit court, to be held in and for the said county of La Salle, on the first day thereof, then and there to answer to an indictment to be preferred against them for (here state the offence briefly,) and to do and receive what shall, by the court, be then and there enjoined upon them, and shall not depart the court without leave, then this recognizance to be void, or else to remain in full force. Taken, subscribed, and acknowledged

the day and year above written, be

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C. D.

J. K.

E. F.

G. H.

Form of recognizance by an infant or married woman.

State of Illinois,

La Salle county,

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ss. Be it remembered, that, on the day of E. F. and G. H., of the county aforesaid, personally came before Seth B. Farwell, Esquire, a justice of the peace of the said county, and severally and respect

ively acknowledged themselves to owe to the people of the state of Illinois, the sum of dollars, to be levied of their respective goods and chattels, lands and tenements, to the use of the said people, if default shall be made in the condition following:

The condition of this recognizance is such, that, if I. J., who is an infant, (or "a married woman,") shall personally appear, (as in the preceeding forms.)

MITTIMUS.

The statement of the offence, which is inclosed in brackets in the following forms, must be adapted to the actual case by taking it in substance from the warrant on which the offender was arrested.

Form of mittimus by one justice for an offence not bailable.

State of Illinois,

La Salle county, S ss. The people of the state of Illinois to any constable of the said county, and to the keeper of the common jail of the said county:

Whereas, C. D. has been arrested and this day brought before Seth B. Farwell, Esquire, one of the justices of the peace. of the said county, charged on the oath of A. B. with [having feloniously, wilfully, and of malice aforethought, killed and murdered G. H., at in the county aforesaid, who was on the day of instant, there found dead ;] and having inquired into the truth and probability of the charge exhibited against him, by the oath of all witnesses attending, and upon consideration of the facts and circumstances proved, the said justice did adjudge that the said offence had been committed, and did further adjudge the said C. D. to be guilty of having committed the said felony and murder. We, therefore, command you, the said constable, forthwith to convey the said C. D. to the common jail of the said county, and him deliver to the keeper thereof; and you, the said keeper, are hereby required to receive the said C. D. into your custody in the said jail, and him there safely keep until he shall be discharged by due course of law. Witness, the said Seth B. Farwell, Esquire, at in the county of La day of

Salle, the

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Seth B. Farwell.

Form of mittimus by one justice for a bailable case.

State of Illinois,

La Salle County, ss. The people of the state of Illinois to any constable of said county, and to the keeper of the common jail of the said county:

Whereas, C. D. has been arrested and this day brought before Seth B. Farwell, Esquire, one of the justices of the peace of the said county, charged, on the oath of A. B., with [suspicion of feloniously stealing, taking, and carrying away, at in the county aforesaid, on the day of instant, one sorrel horse, of the value of fifty dollars, the property of the said A. B., which was then and there stolen;] and having enquired into the truth and probability of the charge exhibited against him by the oath of all witnesses attending, and upon consideration of facts and circumstances, the said justice did adjudge that the said offence had been committed, and that there was probable cause to believe the said C. D. to be guilty thereof, and required him to enter into a recognizance, with good and sufficient sureties, in the sum of two hundred and fifty dollars, for his personal appearance at the next term of the circuit court to be held in and for the county of La Salle, on the first day thereof, with which requisition he has failed to comply.

We, therefore, command you, the said constable, forthwith to carry the said C. D. to the common jail of said county, and deliver him to the keeper thereof; and you, the said keeper, are hereby required to receive the said C. D. into your custody, in the said jail, and him there safely keep for the want of sureties until he shall be discharged by due course of law. Witness, the said Seth B. Farwell, Esquire, at the county of La Salle, the

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day of

Seth B. Farwell.

Endorsement.

in

"Bail ought to be taken in the sum of $250.00.

"Seth B. Farwell,

"Justice of the peace."

Form of mittimus by two justices.

State of Illinois,

La Salle county,

ss.

The people of the state of Illinois to any constable of the said county, and to the keeper of the common jail of said county;

Whereas, C. D. has been arrested and brought before Seth B. Farwell, Esquire, one of the justices of the peace of the

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