States, by the attestation of the clerk, and the seal of the court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestation is in due form: And the said records and judicial proceedings, authenticated as aforesaid, shall have such faith and credit given to them in every court within the United States, as they have by law or usage in the courts of the state from whence the said records are or shall be taken " L. U. S vol. 1, p. 115.

Laws of U. S. vol. 7, p. 152, sect. I. "All records and exemplifications of office books, which are or may be kept in any public office of any state, not appertaining to a court, shall be proved or admitted in any other court or office in any other state, by the attestation of the keeper of the said records or books, and the seal of his office thereto annexed, if there be a seal, together with a certificate of the presid ing justice of the court of the county or district, as the case may be, in which such office is or may be kept; or of the governor, the secretary of state, the chancellor, or the keeper of the great seal of the state, that the said attestation is in due form, and by the proper officer; and the said certificate, if given by the presiding justice of a court, shall be further authenticated by the clerk or prothonotary of the said court, who shall certify under his hand and the seal of his office, that the said presiding justice is duly commissioned and qualified; or, if the said certificate be given by the governor, the secretary of state, the chancellor, or keeper of the great seal, it shall be under the great seal of the state in which the said certificate is made. And the said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken.

Sect. 2"All the provisions of this act, and the act to which this is a supplement, shall apply as well to the public acts, records, office books, judicial proceedings, courts and offices of the respective territories of the United States, and countries subject to the jurisdiction of the United States, as to the public acts, records, office books, judicial proceedings, courts and offices of the several states.

Attestation of a record.

1. Let the clerk attest the record, in the usual form, under his hand and the seal of his office.

2. Let the presiding justice certify it in the following form:

I, JP, presiding justice of the court of county, in the state aforesaid, do hereby certify, that the attestation hereto annexed, made by JC, clerk of the said court, is in due form, and by the proper officer appointed by the laws of the said state for that purpose, and that full faith and credit is due thereto in every court or office in the United States. Given under my hand, at the county of in the state of aforesaid, this day of in the year and of the independence of the United States JP.

the

State of

3. Further certificate of the clerk.

county, to wit.

I, JC, clerk of the county court of in the state aforesaid, do hereby certify, that JP, whose certificate is hereto annexed, is presiding justice of the court of the said county of

in the state

of duly commissioned and qualified to the said office, according to the constitution and laws of the said state. Given under my hand, and the seal of my office, this

day of

&c.

The certificate may also be made by the governor, that the attestation of the clerk is in due form, and by the proper officer; and in that case, care should be taken to use the great seal of the state, and so to be certified.

FORFEITURE.

No conviction or judgment for any of the offences (enumerated in the act of April 30th, 1790, L. U. S. vol. 1, p. 110) shall work corruption of blood, or any forfeiture of estate. See sect. 24, of the above law. FORFEITURES under the revenue laws, how to be remitted. See Laws U. S. vol. 1, p. 403; vol. 5, p. 12; vol. 7, p. 127, sect. 3.

FORGERY.

BY the act of April 30th, 1790 (L. U. S. vol. 1, p. 105) "If any person or persons shall falsely make, alter, forge, or counterfeit, or cause or procure to be falsely made, altered. forged, or counterfeited, or willingly act or assist in the false making, altering, forging, or counterfeiting any certificate, indent, or other public security of the United States, or shall utter, put off, or cause to be uttered, put off, or offered for payment or for sale, any such false, forged, altered, or counterfeited certificate, indent, or other public security, with intention to defraud any person, knowing the same to be false, altered, forged, or counterfeited, and shall be thereof convicted, every such person shall suffer death."

For other descriptions of forgery, see the laws referred to under title COUNTERFEITING.

State of

that on the of

(a) Warrant for forgery.

county, to wit.

last past, at

Whereas A I, of &c. hath this day given information to me, J P, a justice of the peace for the county of in the state aforesaid, day of in the county aforesaid, in the state aforesaid, A O, of &c. labourer, did offer for sale to a forged certificate of the United States, [or, if for any other offence against the above recited act, mention it] with intention to defraud the said he, the said A O, knowing the said certificate to be forged: These are therefore to require you to apprehend the said A O, and bring him before me, or some other justice of the peace for the county of aforesaid, to be dealt with in the premises according to law. Given under my hand and seal, at the county of aforesaid, this

day of

year of the independence of

NOTE. It is usual either to endorse on the warrant the names of the witnesses, or to annex their names to the foot of it: The following summons is, however, the most regular mode.

State of

(b) Summons for a witness.

county, to wit.

Whereas A O, of &c. labourer, hath been arrested by my warrant, and is now brought before me for suspicion of having offered for sale a forged certificate of the United States, [or other fact, as stated in the warrant] and being informed that A W, of &c. is a material witness to be examined concerning the same: These are to require you to summon the said A W to appear before me, at

county of

day of

at

in the said o'clock, of the

same day, to testify concerning the same. Given under my hand and seal, this

on the

day of

in the year

and of the inde

year of the independence of the United States of America, A W, of &c. and B W, of &c. personally came before me, JP, a justice of the peace for the county of in the state aforesaid, and acknowledged themselves severally to owe to the United States of America dollars, of good and lawful money of the said United States, to be made and levied of their and each of their goods and chattels, lands and hereditaments, respectively, if the said A and B W shall make default in performance of the condition here, underwritten. Acknowledged before me,

JP.

The condition of the above recognizance is such, that if the above bound A W and B W do and shall personally appear before the judges (or justices) of the United States. on the first day of the next court, to be held at circuit, and shall then and there give such testimony as they severally know concerning the offence, wherewith A O, of &c. stands charged, on behalf of the United States, and do not depart without leave of the court, then the above recognizance to be void, else to remain in full force.

State of

(d) Recognizance of bail.

Be it remembered, that on the

and in the

county, to wit.

day of

in the year

year of the independence of the United States of America, A O, of &c. labourer, A B, of &c. and B B, of &c. came before me, JP, a justice of the peace † for the county of aforesaid, in the state aforesaid, and severally acknowledged themselves indebted to the United States of America, that is to say, the said AO in the sum of dollars, and the said A B and B B in the sum of dollars each, to be respectively levied of their lands and tenements, goods and chattels, yet upon this condition, that if the said A O shall make default in performance of the condition underwritten.

The condition of this recognizance is such, that if the above bound A O shall personally appear before the United States judges (or justices) on the first day of the next court to be holden at for the

[or for the

district of circuit] then and there to answer to the said United States of America for and concerning [here recite the offence] with which the said A O stands charged before me, and to do and receive what shall by the court be then and there ordered and adjudged, and shall not depart thence without the leave of the said court, then this recognizance shall be void, or else remain in full force and virtue. Acknowledged before me.

I send you herewith the body of A O, of &c. labourer, apprehended by my warrant, and brought before me for felony, that is to say,

In those cases where the crime is such as falls under the jurisdiction of the district court of the United States, the precedent should be drawn to suit the case. See the formation and jurisdiction of the courts of the United States, in the acts of Congress, 1 Cong 1 sess. ch. 20.

+ It must be observed, that where the punishment for the offence is death, bail cannot be admitted by a justice of the peace, but only by a judge of a superior court. See the first page of this appendix.

In consequence of the resolution of Congress of the 23d of September, 1789 (see L. U S. vol. 1, p. 362) recommending it to the legislatures of the several states to pass laws, making it the duty of the keepers of their jails to receive and keep prisoners committed under the authority of the United States,

[here recite the offence particularly] and you, the said keeper of the said jail, are hereby required to receive the said A O into your jail and custody, and him there safely to keep till he shall be thence discharged by due course of the law of the United States. Given under my hand and seal, this day of in the year

and in the America.

year of the independence of the United States of

I have purposely inserted under this title such precedents as will serve in other cases, although some of them may not be necessary for a justice of the peace in the particular instance of forgery.

FUGITIVES.

By the laws of the U. S. act of February 12, 1793 (vol. 2, p. 165) Whenever the executive authority of any state in the Union, or of either of the territories north, west, or south of the river Ohio, shall demand any person as a fugitive from justice, of the executive authority of any such state or territory, to which such person shall have fled, and shall moreover produce the copy of an indictment found, or an affidavit made, before a magistrate of any state or territory, as aforesaid, charging the person so demanded with having committed trea son, felony, or other crime, certified as authentic by the governor or chief magistrate of the state or territory from whence the person so 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 secured, and notice of the arrest to be given to the executive authority making such demand, or to the agent of such authority appointed to receive the fugitive, and to cause the fugitive to be delivered to such agent when he shall appear: But if no such agent shall appear within six months from the time of the arrest, the prisoner may be discharged. And all costs and expences incurred in the apprehending, securing, and transmitting such fugitive to the state or territory making such demand, shall be paid by such state or territory.

the legislature of Virginia, at their session, next after the passing of the resolu. tion of Congress, passed such law. This, I presume, was done by the other states. The mittimus then must conform to the nature and circumstances of the case, arising as well from the acts of the legislatures of the several states, as from those of Congress. Thus, in offences falling within the jurisdiction of the district court of the United States, it seems, that the mittimus should be directed to the keeper of the jail where the court is held the same observation will apply to the circuit courts of the United States. [See their jurisdiction in the first part of this Appendix.] If the trial is to be had before a special circuit court of the United States, then the proceedings must all be forwarded to such court. See, as to special circuit courts, L. U. S. vol. 1, p. 50, sect. 5: vol. 2, p. 226, sect. 3, and the laws of Virginia, making it the duty of keepers of jails to receive prisoners committed under the authority of the United States. 1 Rev. Code, p. 43,

342.

: