Practical Forms of Writs

'^
Southern
OarbooMe
*y
r
Rare Book Room
i
SOUTHER
ILLINOIS
UNIVERSITY
Morris Library
y
^n
pp
PRACTICAL FORMS
it
OF
WRITS, PROCESSES, &c.
SELECTED FROM THE MOST APPROVED PRECEDENTS ANI^
ADAPTED TO THE LAWS OF THE
^
STAiE OF ILLINOIS
NOW IN FORCE;
And withlittlevariatioa, will apply to those of tbe neighboring
States and Territories,
WITH EXPLANATORY NOTES AND REFERENCES,
INTENDED FOR THE USE OF
JUDGES OF PROBATE, CLERKS OF COURTS,
SHERIFFS, CORONERS, COUNTY COM.vlIS-
SIONERS. JUSTICES OF THE PF. E,
CONSTABLES, NOTARIES PUB-
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 SALS, P.jWExiS
OF ATTORNEY, ke,
TO WHICH IS
ADDED
AN APVKNlnX,
Comprising tke duties of a Justice of the Peace, arising
ander
t'lo Livvs of the Jiiited States
;
THE
MINING REGULATIONS;
With Firms
of
Pro-eedings in C/ses
if
JVulHrnlizUionj
Military Pensions^ Fugitives fror/i
Ji'stice^^c,
M^^'-^ TONES.
GALENA:
PRINTED AND
PUBLISHED BY THE AUTHOR,
1830.
mtdd States of America, >
District
of
Illinois.
^
Be it remembered, that on this twentieth day of August, iuM
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 ottice the
title of a book, the right whereof he claims as author, in the
following words
:
"
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 the neightoring states and
territories, with explana-
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, notaries public, &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,
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,
arisisjg 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 the times therein mention-
ed"
and also to the act 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 t'istorical and other prints.
W. H. BROWN,
Clerk
of
the District
of
Jllinois
%>.
ADVERTISEMENT.
Next to a good code of laws, founded on the
princi^
pies of equity and justice, no object i? more
important
in society, than that they should be well understood^
and uniformly administered, by those who are entrust-
with their execution. The laws themselves, altliough
containing the most excellent rules for the regulation
of our conduct, will afford but Utile security against
those abuses of power, which are common in all conn-'
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 who are acting in sub-
ordinate capacities, the most of whom are plain far-
mers, and pretend to nothing more, and who from 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 ofjudicature
;
yet very few of them are adapted to our inferior tribu-
nals, and peculiar local regulations, 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 ofour laws,
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 ^joblic 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 appropriat e hea;l, in a plain, but sys-
,: ^ -u, K.J^ OJl.^
4 ADVERTISEMEP^T.
tematic manner; and to facilitate a proper understand-
ing of their application, I have subjoined explaiâtory
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 Slate, it is hoped
aod believed, that although they may liOt be found to
answer every purpose for which they were intended,
that ihey will nevertheless be useful; and serve at
least as indexes to greater accuracy, which could not
be easily
'jos ained 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 v.o labor or expense has been spared, to rerder 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
patroia.2;e, it is most likely that this work would not,
at this time, have beee undertaken.
JAMES JONES,
.
Galena, August
6,
1830.
-%
RULES OF practice:
AND
FORMS OF PROCEEDINGS
OF THE
I.
Of
the admission
of
Attorneys at Law, (See acts
of
1819,
jâê
9.)
1, Form of the cirtificate of good moral character, to be pro-
duced to the Judges before granting the license.
State of Illinois, ) , (In the Circuit Court,
County of
>
*
(
Term, A. D.
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 demeanor.
A copy.
[L. S.] Teste,
C
D. Clerk.
2. Form of the License.
State of lUinois, set.
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 of the
county of
,
and state aforesaid, of his honesty,
probity and good demeanor; and we having examined
him touching his capacity and fitness to practise law,
and finding him duly qualified, do, by these pres-
ents, authorise
and Ucense him the said A. B. to prac-
4*
Q
FORMS
0 THE
Use 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 of the independence of the United
States, the
E. F. [L. S.]
G. H. [L, S.] ,
3. Oath to be taken by the attorney, and endorsed on his li-
cense.
State of Illinois, ) ,
County of
,
^
I, A. B., do solemnly
swear, in the presence of Al-
mighty God, that I will support the constitution of the
United States, ard of this state, and that I will, in all
things, faithfully execute the duties of attorney and
eour;selior at law, according to the best of my under-
stai.ding and abilities, so help me God.
A. B.
Subscribed, and sworn to in open court, this day
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 coromencirg the practice.
2. Rules
of
practice in the Supreme Court,
Motions.
Rule 1. Motions may be made immediately
after
the
oidnrs of the preceding day are read, and the
opinions of the court delivered
in; but at no other
tinie; unless in case of necessity,
or in relation to a
')'jse Wiien called in course.
iluLE 2. Ti.ey -.re to be made by the attorneys, in
the following order
: first, by the Attorney General,
next by the
oldest practitioner at the bar, and so on to
SUPREME COURT. 7
the youngest;
but no attornev to make a secord motion
until eaC'i has had an opportunity to make his motion.
Rule 3. Affidavits must be made wl en 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 honds 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
îf^S2|'gly
f 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 in 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
writ 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 to said writ.
Process on writs 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 : of
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 men-
tioned in said writ of error should not be reversed.
ef
^
FORMS t>T THE
Rule 9. If the subpoena be not returned executed,
an alias, pluries, &c. ma) issue without au order of
court, on the appHcalion of the party.
Rule 10. VVhen
it sball appear to the satisfaction
of the court, that a defeijdant is not an inhabitant of
this state, there shall be a day tixed for his appearance,
and an order to advertise; which order shall be adver-
tised once a week for four weeks successively in some
paper printed at the seat of government: the last pub-,
lication shall be at least four weeks before the appear-
ance day. After publication as aforesaid, and aflida-
vit thereof filed with the clerk, the said cause shall
stand for hearing as if the party had been served with
a subpoena.
Docketing suitTi . kring.
Rule 11. The clerk shall set the causes for trial in
the order they come into court, except the causes for
or agaiMst 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 plaintiflT shall, within eight days after the
filing of the record, assign in writisig, and file with the
clerk, the particular error or errors, of which he com-
plainsno oljier error or errors shall be alledged or en-
quired into by the court.
Rule 13. If the party fail to assign errors as afore-
said, a rule shall he given, and if the errors be not as-
signed at the expiration of the rule, the cause may, on
motion, be dismissed.
Rule 14. In all cases of appeals from any court to
this court, the appellaht shall file in open court, or. or
before the tiiird d;<y of the term succeeding the appeal,
if there be thirty days between the sitli;
g
of the Su-
preme court a .d the grantif
g
of the appeal, a copy
of
the record; and at the same time assign
his errors,
so
SyPREME 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 errors on the
first day of the second term.
Rule 15. When the court grants a writ of error
with supersedeas, at the same time the plaintifT 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 16. When a writ of error is made a superse-
deas in vacation, the' plaintilT sliall 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
w^rit and the sittinsc of the court; if not, on the first day
of the succeeding termjjj^fôpy of the record duly cer-
tified, and an assignm&^pf
errors, so the defendant
may join in error, and have a trial at the same court.
Rehearing.
Rule 17. On a petition to the court briefly stating
the grouiids of rehearing of a cause, and the law to
support it, signed by an attorney or attorneys of the
court, the court maj^, 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 granted.
Rule 18. The counsel for the plaintitT in every writ
of error, a .d the appellant in every appeal, shall fur-
nish to each of the Justices of this court, before the ar-
gument of every such writ of error or appeal st rail com-
mence, an abstract or abridgement of such parts of the
pleadings and proceedings in such case, as said counsel
shall deem necessary to a full understar.dir-g of the er-
rors relied on, for a reversal of the judgment or decree
complait.ed of; together with the points isitei.ded to be
relied on in the argument of tlie cause, at-d the au-
thorities i tended to be used in support of them.
Rule 19. It shall also be the duty of the counsel
for the plaintiff in error or appeal, to file in the clerk's
iO
' i'ORMS OF
TH]^
office, for the use of the defendant's counsel, a copy of
said abstract, or abridgement, at least one daj
pre-
vious to the 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
of 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 furnisli each of the Justices of the
court, at the commencemenJ^^the argument, with the
authorities he intends to
citeliM
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
be predicated*
3, Form of a writ of error, to remove a record into the Su*
preme court. (See Rule
6.)
State of IlUnois, ) ,
Supreme Court.
^
The people of the State of Illiitois, to the clerk of
the circuit court of county, greeting:
Because in the record and proceedings, and also in the
rendition of the judgement in a suit which was lately
in the circuit court of county, before the judge
thereof, between A. B. plaintiff, and C. D. defer dant,
of a plea of trespass on the case, (or as the plea is,)
matiifest error hath intervened, as it is said,
to the
great injury of the said C. D.
as by his compl.iint we
are informed: and we being willing that the said error,
if any there he, should in due manner i)e corrected,
and full, and speedy justice done to the parties afore-
said, in this behalf; do command you, that you send to
':0.
SSrpREME Ot?RT.
li
the
justices of our supreme court, at Vandalia, with all
convenient
despatch, a transcript of tht-
record and
proceedings
of the suit aforesaid, with all things con-
cerning
the same, distinctly and opeidy,
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, chiefjustice
n Ql
^^ ^^^
said supreme court, at Vandalia, this
L^* ^-J
day of A, D. .
, ai.d of the
independence ofihe United States
the
,
'^.
M. D. Clk, 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 i*? within made, with all things
coneerning the same, 1 lierewith ceriify to the justices
of the said supreme court, at the day and place within
mentioned, as within I am comma; ded,
E. F. Clk,
of
the a 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.)
Supreme Court.
)
The people of the State of Illinois, to the sheriff of
county, greeting:
Because
in the record and proceedings, and also in
the
rendition
of the judgnfient in a suit which was late-
ly in
the
circuit court of county, before the judge
thereof,
between A. B. plaintiff, and C. D.
defendant^
o-f a
plea of trespass on the case, (or as the plea is) man=
1^
FORMS OF THE
ifest
error
hath intervened, as it is said, to the great in-
jury 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 IlUnois, before
the
justices thereof, to correct tiie error in the same,
if
any there be, in ûe 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
Vandaha,
in said state, on the Monday in
next, to
hear the record and proceedings, and the er-
rors
assigned, if he shall think fit, and to show cause,
if
any he can, why the said judgment shall not be re^
versed,
for the causes aforesai^; and 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
J.,
^
-,
of our said supreme
court, at Vandalia, this
L^-
^-J
day of
A. D.
,
and of the
independence of the Uiiled States, the

.
J. M. D. Clk, Sup. Court,
6. Sheriff's return thereto, to be endorsed on the subpoena.
In Dursaapce of <^he within writ to me directed, I have
this day summonp.d the
said A. B.
to be and appear be-
fre the justices of the sail
supreme court, at the dfiy
and place wimin mentioned, as
wirhin I am c>mmaad
ed.
C L. M. Sheriff jf
ijie
luty
of
and State
of
lllinoisq
June
,
A. D.
SUPREME COURT. 13
'?'.
Sheriff's return of non est inventus, when the defendant in
error cannot ue found.
The
within named A. B. is not found within the bodj
of my
couaty, so that, i caii lot summo?! :)im, as vvithiu i
am commanded.
J
L. M.
Sheriff
of
the
\couyity
of
and state
of
Illinois
June 5
A. D.
8. Form of a writ of certiorari, on the sug-gestion of a diminu
tion of record.
State of Illinois,
)
^
Supreme
Court.
J
The people of the state of Illinois,
To the cleric of the circuit court of
cou-ity, greeting:
Whereas in a certain suit between A. B. plaintiflj
and C. D. defendant, latelj depending in the circuit
court of said county, wherein judgment was rendered
for the 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 a :d
proceedings in said suit, to tite supreme court, held at
Yandalia, on the Monday of A. D.
,
which said transcript was certiiied and transmitted, as
by the said writ you was commanded: and wuereas,
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 thepart
of
the record omitted) has not
been sent up, a ^d the justices of our said supreme
court not being satistied that there is a sufiicient record
sent in ihe plea aforesaid, and that there is a diminu-
tion ther 'of: You are, therefore, hereby commH;.df^d,
that without delay, the said (here state the
mauer
omitted as before) therein, you cause to be transmitted
to the said supreme court, to be held at Yandalia, in
the raid state, on the Mo.iday of next,
wi?:iO'i* any addition, alteration or dimi ration what-
ever, to the end,
that speedy justice may be done in the
B
14
FRMS F THE
premises,
according to law; whereof you are in no
wise to
fail;
atid sei.d you then and there this writ.
Witness, the Hon. William Wilson, chief jus-
rj
en
tice of our said supreme court, at Vandalia,
^
*'
*-'
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 proceedij^gs in the
suit of which mention is within made, I firsd that (here
state the matter omitted,) a transcript of which as fully
and entirely as the same
remains in my custody of re-
cord, 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. CIL
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 which
mentien 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. B*
and C. D. of the plea within mentioned.
E. F.
Clk,
of
the C, Court,
May
,
A. D.
SUPREME COURT.
15
11. Form of an assignment of error, in the supreme court.
State of Illinois, > , ( term, in the year of
Supreme Court,
j
*
(our Lord, one thousand eight
hundred and
CD.)
^
vs. > In Error.
A. B.
>
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 and proceedings, afore-
said, and also in the rendition of the judgment, afore-
said, there is manifest error in this, to wit: that t!ie
declaration aforesaid, and the matters therein contain-
ed, are not sufficient in law, for the said A. B. to have,
or maintai'a 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.,
wdiereas 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 that the judgment aforesaid, for the errors afore-
said, and for other errors apparent in the record and
procet'dings aforesaid, may be reversed, annulled, and
altogether held for nothing, and that he may be restor-
ed to all things which he hath lost by occasion of the
said judgment, &c.
G. H. Alt'orney
for
Plaintiff
in Error,
1.2. Joinder in error.
A. B.
^
ads. > In Error,
C.
D.S
And hereupon afterwards, to wit: at the terni
of the said supreme court, in the year of our Lord one
r.housand eight hundred and
,
the
said A. B.
by
16' FORMS OF THE
J. K. his attorney, comes here into court, and says that
there is no error either ii! the record and proccTduifgs
aforfsaid, or in tl)c rendiiioii oi the jiidgmtT.t aiOiC-
said;
aiid prays that tht justices of tiie sfiid supreme
cour*,
!iow
here, may proceed to cxaniine, as well the
record
a:)d proccediitgfek aiort i:d ^s the matters {.fore-
said above assigs ed for error, and that tttcjudji^ment
aforesaid, in form aforesaid given, may be in ail things
aihrmed, olc.
'
J. K. Ativrnry
for
Defendant in Error,
13, Form of a writ of mandamus.*
.
>
set.
rt.
5
Stnte cf IlJinoij
Supreme
Court
The people of the State of IlUnois,
To A. B. secretary of state, for the state of
iljinois, greeting:
Whereas, it has been represented to the justices of
our
supreme court, at Vandalia, in said stave, that C.
D.
of the couuty of
,
and state aforesaid, was, on
the
day of
,
A. D.
,
hy joint ballot
of
both
branches of the general assembly oi" said state,
in due
form, and accordirig to the constitution and laws
of the
said state, elected to the place and office ofjudge
of
pi obal-e in and for the said county of
;
and
whereas,
the governor of said state did, on tlYe
dr
y
of ,
A. D.
,
sign a commission, in due
form,
for the said C, D. appoij'tmg 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 stale, sealed
*
\ writ
o^ mandatniis, is, in general, a command, issuing
fron; a
superior court, having- competent autiiority for tijat
purpose,
and directed to any person, corporation or itiferior
court of
judicature, requiri'ig them to do some parficnlar
thioer
therein
specified, which appertains to their ofhce and
duty,
and
which the superior court has previously deteri:ured,
or at least
supposed to be consonant to rirht and justice.
(SeeSBl.
Com. 110.)
SUPREME COURT. Ij
with the seal of the state, and delivered to the said C.
D. as by law you are required; and whereas, it has
been further represented to us, that notwithstanding
the premises with which you are well acvquainted, you
have, witiiout any reasonable cause whatever, hitherto
refused, and still refuse, to
countersign, seal and deliv-
er 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 wilUng that
due and speedy justice be done 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 Vaudalia, on the day of
,
A.
D.
,
togethervvith 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. CIL Sup. Court.
14. Return of the above writ.
I, A. B.jSecretary of state, for the stateof Illinois, in
obedie 'ce to the command of the within writ tome di-
AppUcation for tbe writ of mandamus, should always be
supported by arfidavit, that the court may judge of the propri-
ety of granting it ; and this is the constant
practice.
'
" se
BuUer's Nisi Prius, title
" '
landamus.") If the first writ is
disooeyed, a peremptory mandamus issues;
and after that an
attachment.
(3 Bl. Com.
111.)
n
2
1,3
FORMS
F THfc
reeled, do
certify to the justices of the said
supreme
court, that although
it i?
true that the within
liamed
C. D. v.as duly
elected
to the office of judge of
pro-
bate, in, arid
ibr the said
couuty 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 dehvered to
the said
C. D. in
manner aid form as by
the writ within
writteix is sup-
posed
;
and for that reason
1 have sot,
nor can I accoi
d-
ing .0 law,
countersign,
seal and deliver
to the said C.
D. a commission
for said
ofiice, as by this w rit, 1 am
Avithin
commanded.
Sic.
A. B. Sec^ri/
of
State,
Vandalia,
December
, A. D.
15.
Form of a writ of
Restitution,
with a fieri facias,
after a
judgment
reversed
in the supreme
court.
State of Illinois, )
Supreme Court.
)
'
*
The people
of the
State of
Illinois,
To the
sheriff
of
countv,
greeting:
Whereas,
A. B. lately,
that is to say,
at' the
term of our circuit court,
in, and for the said
county
of
,
in the year of our
Lord, one
thousand,
eight
dundred and
,
recovered
a
judgmeiit
against
C.
D. late of the said
county, in a certain
action
of
tres-
pass on tlie 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
record
and
proceedings
thereof,
which for
certain
causes
of
error, we lately
caused to be brought
into our
said su-
p'-eme 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;
and have
further
considered
and
adjudged,
that the
said C. D. be restored
to all
things
which
he has lost.
&WPREME COURT.
19
on occasion of the judgment aforesaid; and whereas,
the said A. B. on pretence of the said former jud^-ment,
has had his execution of the damages aforesaid, as d is
yet possessed thereof, as we have been inlbrnicd:
We,
therefore,
command jou, that if it can be made appear
to )'0u, that the said A. B. has had his execution
of the
damages
aforesaid, by virtue of the judgmer t afore-
said, then without delay you cause the said
C. D. to
have full restitution of the said amount of damages,
and
costs as aforesaid
;
and if you cannot cause iiim to have
restitution thereof, then, that of the goods ard
chattels,
lands and tenements of 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 Vandalia, in ninety days from the
date
hereof,
and have you also then and there this writ.
Witness, the Hon. WiUiam Wilson,
chief
justice
j-T
Q
-I
of our said supreme court, at
Vandalia,
this
^'
'^
/day of Â.D,
,
and
of the
ilTdependence of the United States,

the
J.
M. D. CIL Sup,
Court.
]
FORMS
OF
WRITS AND PROCEEDINGS
IN THE.
CfJIT
1. Accowd. {Sec revised code
of
\S27,p.
47.)
i. Notice
by the auditors, to the parties litigant, of the time
and place of auditing their accounts, previous to their re-
port.
To A. B. and C. D. of the county of ,
and state of
Illinois* .
Whereas, bv aa order of the circuit court, in, and for
the county and state aforesaid, made at its term,
A. D.
,
the ufidersigned have been appointed au-
ditors, to audit a^d stale t'ic accounts, which are at
present the subject matter in controversy between
vou, in a certain action of account, now pendif
g
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 we have appointed the
day of
,
A. D.
,
as the time, and
the house of E. F. in the said county and state, the
place, for the hearing of,
and adjustingyour several ac-
counts according to law, and the said order of court;
wlien and where, you are required to attend, wiihyour
respective books and accounts, and your witnesses, if
any. to estabhsh the correctness of the same.
G. H.)
J. K,
> Auditors*
L. M.
Tnxie
,
A. D.
CIRCUIT eOURT. 21
2. Auditors' report to the circuit court.
To the Hon. R. M, Y. judge of the circuit court,
in,
and tor the county of
,
and stale of lUifiois;
We, the undersigned, having been appîiited
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 certain action of
account, now pending af-d urdeterrr.ii>ed in the said
circuit court ; do, in conformity witli hiw, and the order
of the said court, make the following report. That,
having first been duly sworn accordir>g to law, faithfully
aj^:d impartially, to take and state the accounts between
the said parties, and to make report thereof to the said
court; we proceeded to appoint the day of
,
A. D, ,
as the time, and the house of E. F. m the
said county and state, the plaê, for the hearii.g and
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 ard ac-
counts, aîd their witnesses, if ar-y, to esfablisli the cor-
rectfiess of the same: whereupon on the day, ajid
at
the place appointed, as aforesaid, the parties appeared,
and pioduced tbtcir several hooks and accounts,
agreea-
bly to the request contained in the taid notice; ard
the said A. B. further produced N. O. and P. O. as wit-
nesses on his part,a:id the Faid C. D. also produced
R.
S. and T. S. as wit :es3<'s on his part, who were to-
gether with the said A. B. and C. D. severally sworn
and examined by us, touching
the corroctnes-^
of their
respective accouiits, and the several item? composing
the sam-; and after havinjr i^'ârd their several ailc^ra-
tions aT,d proofs, as aforesaid, we proceeded to liqui-
date aiid adjust the said accounts, as
bv the said order
of court we were directed; a';d fi-'-d. after a careful
examination ard calp<ilatior.
of the same, thai there is a
balance
rightf.illy due from the said C D. to t)?e said
A.
B.J
of dollars, as^will more satisfactorily appear.
i2 FORMS
OF THt
hy reference to the annexed
statement of their
accounts.
Which is made a part of this report. All which
is re-
spectfully submitted.
G.H.)
November
, A. P.
J. K. >
Auditors*
L. M.^
(Here follows a statement of the accounts, in the usual form
in which accounts current are settled.)
2. Ackerlisement,
(See revised code
of
1827,/>.
48.)
1. 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 writen or printed copy of the
advertisement.]
I, 4. B. printer, (or publisher, or both, as the oase
may be,) of the ,a public newspaper,
printed ar^d
published weekly, at
,
in the county
of
,
and
state of Illinois; do hereby certify,
that the notice, (or
advertisement,)
of which ti:e
annexed is a true copv,
has bee^> regularly published in
numbers
of the
said newspaper, for weeks
successively;
the first
insertion whereof was in the paper
daied the
dav
of
,
A. D.
,
and the last, in ttie paper dated the
day of
,
A. D. , Given
under my hand,
at
,
this day of
, A. D. .
A. B.
3. Appeal Bonds,
I. Form of the
appeal bond in cases of appeals from the circuit,
to the supreme court. (See revised code of ]
827,
p. 31{J, sec.
32,
title"
Prartice.")
Ktôw
all men by these presents, that we, A. B. and
E. F. of the county
of
,
and state of
Illinois, are
held, and iirmly bound unto
C. D., also of
the same
couuty and state, in the
penal sum of dollars,
(sum
fixr-d by the court,) current
money of the
United
States,
for
[]]'
pav.ment of which,
well and truly to be made, we
bind ourselves, our heirs,
executors and
administrators
QlRfiOIT edi'RT.
23
;(ioiatly,
severally,
and firmly by these presents. Wit-
\:ies.s our hands and seals this day of
,
A. D.
"
The condition of ihe above obligation is sucii, that
whereas, the said C. D. did, on tlie day of
, A.
D.
,
in the circuit court, irj,aiid for the county and
state aforesaid,- recover a judgment against the above
boui.den A. B., for the sum of dollars, d<bt, (or
damages, as the case may be,) and dollars costs;
from which said judgment of tiie said circuit court, tiie
said A. B. hgs prand
for, and obtained an appfâl
to
the supr.'ime court of said state. Now if the said "A.
B.
shall duly prosecute his said appeal with effect, a.d
shall moreover pay the amount of the judgment, rests,
interest and damages, rendered and to he rei.d^ rod
against him, i"' case the said judgment shall be affirm-
ed in the said supreme court, then the a^ôve oblU
gation 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,
Note.When appeals are taken from the probate, to tke
irc'jit 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
*Thi9 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 jufact,-
?iild jôt an attorney at lawi-
X
'24
FORMS OF THE
held and firmly bound unto C. D., also of the same
couiitjand state, in the penal sum of one huridred doi-
iars, current monej of the United States, for the pay-
ment of which, well and truly to be made, we bind
ourselves, our heirs, executors and admiiii?trators joint-
ly, sevenilly an.d hrmly by these presents. Witness
our ha ids and seals this day of
, A. D.
T:ie condition of the above ohligatioi:
is such, that
whereas, the above bousiden A. B. wi^.o is the appren-
tice of the said C. D. heretofore made complaiiji to G.
H. a>:d J. K., two justices of the peace, in, a.jd for the
couity and slate aforesaid, (or to the judge of probate,
as the case may
be,) that he the said C. D. had intiict-
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 i'jdenture of apprenticeship to the said
C. D., and whereas, the said justices of Uie 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 judgmeit to the circuit court of said
county: now if the said A. B. shall prosecute his said
appeal to etfact, and shall further abide by, and per-
form the decision of, toe 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.
R, Form of the appeal bond, in cases of appeals from justices
of tlie peace, to the eircait court, io civil cases. (See revis-^^
ed code of 1827, p. 268,
sec.
31.)
K low all m3n by these presents,
that we, A. B.
and
E. F. /iae c )!jnLy of aid siate of llli'iois, are held
and firmly bound unto C. D., also of the same
eounty
CIRCUIT GOURT.
25
und state, in the penal sum of dollars, (a sum suffi-
cient to cover the jud;^meat 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
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 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.
has 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.]
at my office, this
dav of , A.
D. .
Teste, L. M. Cle?'k circuit court.
4. Form of the appeal bond, 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 ixi
previous bond.)
whereas, the above bounden A. B. was, o!) the day
of
,
A. D.
,
convicted of the otFence of an as-
sault and battery, (or of an assault, or an affray,
as
the
case is,) on the body of E. F., also of the
said county
and state, before G. H., a justice of the peace, for
the
county
and state
aforesaid, and fined in the sum of
5iQr FORMS OF THt,
dollars; for which a judgment was rendered by the
said justice against him, as also for the sunr) 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. Nov/ if the said A. B/ shall pros-
ecute his said appeal with
el]ect,'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 be void, otherwise to re-
main in full force and virtue.
A. B.
fL.
S.]
C. D. [L. S.]
A my office in
,
this dav of
,
A. D. .
Teste, L. M. Clerk circuit court,
>. Form of the appeal bond, to be given by tire appellant, in
cases of tl)e trial of the right of property. (See revised
code of 1827, p.
351, sec.
5)
Pvnow all men by these presents,
8cc,
. (Seepenalf^ 'in.
prcxioxLs bond.)
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 and chattels, lands and terjements of G. H., for
the sum of dollars debt, (or damages,) and dol-
lar? costs; w^hich 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 2;oods 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 bound 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
ClllCUIT CORT.
27
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 atteiid 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 ttie said E. F.;
and the said jury, and
the said parties, having attended
at the tiTRe and place, aforesaid, such proceedings
were then and there had before the said sheriif, 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 t})e said coojilj of
and tendered tiie 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 edect, 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.i
Taken, entered into, and acknowl-
edged before me, this dav of
,
A. D.
R. S.
Sheriff
county, Illinois^
4. Arhitraiions and references, (See revised code
of
1827,
p.. 64.)
I. 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 ])art, and 0. D., also of the same county and state,
-^ftlie other part: Now, for the ending and deciding
28
EORMS OF THE
thereof, it is hereby mutuallj agreed by, and between
the seiid
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-
f:o of the same county and state, or any two of them,
arbitrators, indifferently chosen by ttie 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 to be 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
fhis submission to arbitration, shall be made a ruie 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
A. B. [L. S.}
C. D. [L. S.]
Teste, L. M.
2. Form of an arbitration bond.*
Know all men by these presents, that I, A. B. &c.
The
coiidition of the above obligation is such, that if
the above bound A. B., his heirs, executors or
adminis-
trators, on his
ortlieir parts and behalf, do, and shall
well and truly stand to, abide by, perform, observe,
fulfil and keep the awârd, order, arbitrament and final
determination of E. F., G. H. 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 named C. D. to arbi-
*Inall the settled forms of submission, v/hether by bond, or
indenture,
there oppears to be much tautolog:y
;
but it is gên-
erally the safest course to follow precedents long known, and
established.
Lord Coke, in reference to this subject, says,
that the form
which is here given, wa invented by prudent
antiquity, and that it is best to follow the ancient forms and
precedents, which are full of knowledg-c and wisdom.
CIRCUIT
COURT,
î)
trate, awards
order, adjudge
and
determine,
of,
and
concerning all, and all manner of action
and
actions,
cause and eauses of
action, suits, bills,
bonds,
special-
ties, covenants,
contracts,
promises,
judgments,
execu-
tions, accounts, debts, quarrels,
controversies,
damages,
trespasses and demands
what&oever,both
in law
and equi-
ty, or otherwise, which, at any time,
of times
heretofore,
have been had, made,
moved, brought,
commenced,
su-
ed, prosecuted, committed,
done, sutFered,
or
depending
and uasettled by, or between the said
parties;
so that
the said award be made in writing, under the
hands and
seals of the said arbitrators, or any two of them,
and
ready to be delivered to the said parties, in
difference,
or such of them as shall desire the same, on or
before
the day of next ensuing the date hereof;
then
the above obligation to be void, otherwise to
remain
in
full force and virtue. A. B. [L. S.]
Teste, L. M.
Note.If tiie parties wish to make their submission
a rule
of court, these words should also be added at the end
of the
condition of the bond, to wit:
"
-ind the above named
A. B.
doth agree and desire, that this his submission, may
be made
a rule of the circurt court, in and for the county
of
,
and
state aforesaid." Tvfo sets of bonds in ail 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
,^
"^
'
shall come.
We, E. F., G. H. and J. K., of the county and state
aforesaid, send greeting:
Whereas, tiiere are several accounts depending, and
diverse controversies have arisen, between A. B., of
the county of
,
and state of Illinois, of the one part,
and C. D., also of the said county and state, of the oth-
er part; and whereas, for the putting an ei^.d to the
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
C 2
30 FdRiJS
OF TliE
form No.
1,
under this head,) beegring date the day
of ,
last past,
have reciprocally become bound,
each
to the other, in the penal sum of
dollars, to stand
to, and abide, perform and keep the award, order, and
final determination
of us the said E. F., G. H. and J.
K.,
so as the said award be made in writing, under our
hands and seals, and ready to be delivered to the par-
ties in diiference, on, or before the day of
,
Dext ensuing (he date of said bonds, as by the said obli-
gations and conditions thereof, will appear: Now,
know ye, that we the said arbitrators, whose names are
hereunto subscribed, taiviiig upon ourselves the bur-
then of the said award, and having been first duly
swôrn according to law, faithfuUj and fairly to hear
and examine the 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 understar.ding; 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 publish 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-
tween the said parties in Ifiw or equity, for any manner
of cause whatever, touching the said premises, to the
day of the date hereof, shall cease, and be no further
prosecuted ; and that each of the said parties shall pay,
and bear 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 d^ty of , A. D. ,
pay to the said C.
D. the sum of dollars: And lastly, wê 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
general releases to each other in due form of law, and
sufficient for tlie releasing of all actions, suits, quarrels,
controversies and demands w^hatsoever, touching or
concerning the premises aforesaid, or in any manner
dmeuiT couR-T. 31
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 b.ave hereunto set our
hands and affixed our seals, this day of
,
A.
D. . E. F. [L. S.]
G. H. [L. S.]
J. K. [L. S.]
Teste L. M.
4. Form of an iimpirag-e.
'
(Recite the arbitration bonds as in the award, and
the oath of the umpire, and then proceed as follows;
Now, know ye, that
1,
R. S., inditferently 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. B., of 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. D.
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
commencem.ent 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 J. K. of
the said county and state, and on a reference to them
of all disputes, and controversies, between me and the
32
,
rORMS OF THE
said C. D. In witness whereof, I
have bereuiito set
my hand, and affixed my seal, this
dav of . A.
D.
. .
*
A. B. [L. S.]
'
Tc?te, L. M.
NoTK.A similar release must be given by the other party,
only cliangirjo; the names of the parlies, aud varying the ex-
oeptiuD as to the thing awarded, so as to suit cac^h particular
case.
Submissions to arbitration by indenture, as in the first form
under this head, are'now very unusuai, alt)ioiUJ;h recogiiized
by our statute
;
the ordinary way being by bond, as in thesec-
(jnd form.
Submissions may also, according to the common
law, be I
y
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.
6. 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:
I send you, herewith, a copy of the av%ard
made the
day of
,
A. D.
,
by E. F., G. H.
and J. K. of the county of
,
ar.d state of llhnois,
on a
reference to Ihem, of all disputes, and
conlrover-
sie.i,
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 bouse 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, agamst you
on the said
award,
agreeably to the tenor and effect
thereof.
C D.
June
,
A. 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.
GmcuiT couRO'f
33
J. Attachments,
(See revised code o/'1827,j9,
66.)
1. Form of the affidavit of the creditor, or his agent, in cases
of domestic attachment.
State of Illinois, ) .
County of
,
)
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 E. F, is justly indebted to
him the said A. B. in the sum of dollars, lawful
money of the United States, for (here specify the
amount and nature of the indebtedness, fully and ex-
plicitly, as great particularity is necessary;) and that
he the said E. F., is about to depart this state, (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 of
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 be 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, Slc.)
A. B.
Subscr-ibed, and sworn to, &c*
G. H. Clerk Circuit Court,
2. Form of the affidavit of the creditor, his ajent, or attorney,
in cases of foreign attachment.
C/
)
scc
ounty ot
,
5
This day personally appeared before me, tlie under-
signed, clerk of the circuit court,in,and for the county
and state aforesaid, A. B.
(or,C. D. agent, or attorney, as
S-f^
"
FORMS OF THE
the case may be,) of the countj of
,
and state of
^
who is about to apply for a VTiit of foreign attachment
against the estate of E. F. of the county of
,
and
state of
,
and who being first duly sworn accord-
ing to law,- deposes, and says; that the said E. F. is
jusily indebted to liim the said A. B. in the sum of
dollars, lawful money of the United States, for (here
state the amount and nature of the indebtedness, with
great particularity;) that the said E. F. is not a resi-
dent of this stale, but resides in the said county of
,
and state of
;
and that he the said A. B. verily be-
lieves that he is unable to collect his said debt, so due
from the said E. F. as aforesaid, by due course of law
in the said state of
,
(or territory, as the case may
be
)
where the said E. F. resides.* A. B.
Sworn to, &c.
G. H., Clerk circuit court,
3. Form of the writof attachment. (See revised code of 1827,
p. 09,
sec.
8.)
*
"'''';
\ set.
State of Ilii
County of
The people of the State of lUinoI?,
To the sheriff of county, greeting:
Whereas, A. B. (or C. D. agent, or attorney of A.
B. as the case may be,) of the cou nty of
,
and state
of
,
haih complained on oath (or atTirmation) to G.
H., clerk of the circuit court oi couiHj, that E. F.
of the cour^ty (or late of the county, where he has de-
parted this state) of ,and state of
,
resides out
of tliis state; (or absconds, or conceals himseif,jor stands
in deliance oi a civil officer authorised to arrest him
witii civil process, so that the ordinary process of law
cannot bn served upon him, or is about to depart this
state witii intention io have his eiCiCts and personal es-
*Whcn .the debtor was a resident of this state, when th-<^
debt wusôntracted, the latter part of tliis alFidavit, which re-
(JMircs the creditor to swear that he is unable to colltet hi^
dc^t, in the state wiiefe the debtor resides, may bo omiUr'.!
(Sec revised cede of ]Cj7,
p.
6C. sec.
5.)
CIRCUIT eouRT.
3
J
tide removed without the limits of the same, or has
Jefl the state with the intention of having his effects arid
personal estate removed therefrom, as the case may
be, and according to the affidavit;) and ihe said A. B,
having given bond and security according to the
act in
such cases made and provided:
VVe, therefore, command you, that you attach so
much of the estate, real, or personal, of the said E, F.
to be found in your county, as shall be of value suffi-
cient to satisfy the said debt and costs, according to t^he
said complaint: and such estate so attached in your
hands to secure, or so to provide, that the same may be
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 summo.i
J.
K. as gar^'ishee, 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
where you shall make known to the said court, how
you have executed this writ* And have you then and
there this writ.*
[L. L.] Witness the Bon. L. M. judge, &c.
Teste, G. H. Clerk circuit court, i
4. Form of the attachment bond. (See revised code of 1827,
p. 70, sec.
8.)
Know all men, &c. (double the sum for which com-
plamt 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 cpeditor, as
being indebt-
ed to, or
having euects in his possession belonging
to the
deb#r, that part of the writ which relates to the garnishee,
should be omitted. Writs of attachment may issue to any
county in the state,
(See revised code of 1829, p. 8.)
36
FdRMS OF Tut
the United States; and the same being about to bt
sued oat, returnable on the day of next, to the
term of tlie circuit court, then and there to be hol-
den, in, and for the said county of . Now, if the
said A. B. shall prosecute his said suit with eftect, or
in case of failure therein, shall well and truly pay and
satisfy the said E. F. all such costs in said suit, and
such damajês as shall be awarded against the said A.
B.,
his neirs, executors, or adnninistrators, in such suit,
or suits, which nnay hereafter be brought for wrongful-
ly suing out the said attachnnent, then the above obli-
gation. \&:g. A. B. [L. S.]
R. S. [L. S.]
Taken, and entered into, before me,
at mv office in
,
this day oi
,
i.
D. .
Teste, G. H, Clerk circuit court,
5. Form of a forthcoming bond, to be given to tLe sheriff by
the defendant, when he is desirous of remaining in posses-
sion of the property levied npon by the attachment. (See
revised code of ]B27,
p. 70, sec.
9.)
Know all men, Slc. unto J, K. sheriffof the county
of
and state aforesaid, and his successors in office,
tSiG.
(double the value of the property.)
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
,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 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
dav 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
j^.
F.
being d:"sirou3 of remîining in possession of the sarpe;
and having tendered R, S, as his security for the forth-
ClRGtriT COURT.
2>J
coming thereof
to answer such judgment as may be
rendered against him in favor of the said A. B. in 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 fjuor of
the said A. B., in the said suit, then the above obliga-
tion, &c..
E, F. [L. S]
R, S. [L, S.]
Taken and entered into, &c.
6, Form of the replevy bond, to be given to the sherifT, by the
defendant, on serving the writ of attachment, and before
the return day thereof. (See revised code of
1827, p. 70,
sec.
10.)
Know all men, &c. (double the value of the proper-
ty attached.)
,
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
,
at the suit of A. B. aad 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 sheriff 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 be 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 holden at the court house in
^
on the day
of next, it being the day oa which the said writ
is
returnable, and
shall further abide by, and perform
3,8 FORMS OF THE
such order and judgment, as the said court shall make
in the premises; then the above obliiiation, &:g.
E. F. [L. S.]
T. VV. [L. S.]
Taken, and entered into, &:c.,
J. K.
Sheriff
county^ Illinois,
7. Form of the notice to the defendant, to be published by the
clerk, in cases of domestic attachment. (See revised code
of
1827,
p. 72, sec.
13.)
State of Illinois,") , circuit court.
County of .5
*
To the term, A.
D.
A. B. )
vs. > On Attachment.
E. F.
^
Public notice is hereby given to the said E. F., of
the county of and state of
,
that a writ of at-
tachment 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.
B. 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., sheriff of the said county of
,
to
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
he and
appear before the judge of 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 month of next, give special bail and plead to
the 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 Circuit CourU
June ,
A. D.
CIRCUIT COURT.
39
8. Form of an order for the publication of notice to the de-
fendant, in cases of foreign attachment. (See revised code
of
1827, p.
72, sec.
12.)
State of Illinois,
)
,
iitj county and circuit,)
*
term, A. D.
A. B. )
vs. > Foreign Attachmenti
C. D.
S
This day came the plaintiflf by E. F., his attorney,
and it appearing to the satisfaction of the court, thjit
the defendant C. D. is not an inhabitant of this state,
and he having failed to enter his appearance herein,
and give special bail, according to law and the rules
of said court: It is therefore ordered by the said court,
that
the said defendant be notitied, that a writ of for-
eign attachment has issued out of the said circuit court,
at the suit of the said A. B., against his estate, for the
sum of dollars; and that unless he appear, give
special bail, and plead to the said suit in attachment,
on, or before the iirst day of the next term of the said
court, lo be holden at the court house in , on the
Monday, in tlie month of next, judgment will
be entered against him by default, and the estate at-
tached will be directed to be sold accoreing to law, for
the satisfaction thereof, together with the costs of said
suit; and it is further ordered, that a copy of this or-
der be published in the
'
,
a public newspaper,
printed in the town of
,
in said state, for weeks
(the number of times fixed by the court,) successively,
the first insertion whereof, to be made within days
from the date hereof; and this cause be continued until
the said next term of this court.
A copy
Teste, G. H. Clerk circuit courL
.40 EORMS OF THE
9. Form of a plea of interpleader, when the property attached
is claimed by a third person. (See revised code of
1827,
p.
75,
sec.
19.)
A.B.
^
vs. > On Attachment.
E. F.
3
term,
A. D.
C. D., by G. H. his attorney, comes, and as well at
the suit of the said A. B., as at the suit of the said E.
P., defends the wrong and injur}-, wlien,
&c. and for
interpleader saith, that on the day of
,
A. D.
,
a writ of attachment issued from the clerk's office
of the circuit court, in, and for the county of aiid
state of Illinois, at the suit of the said A. B., and against
the estate of the said E. P., directed to the sheriff
of
the said county, by virtue whereof the said sheriff did,
on the day of , A. D.
,
levy upon divers
goods and chattels, to wit, (^here describe the property,)
as, and for the goods and chattels of the said E. F.
And the said C. D., in fact saith, that neither at the
time of issuing, nor of levying the said writ of attach-
ment, in manner and form aforesaid, were the said
goods and chattals, or any part thereof, the property of
the said E. P.; but on the contrary, the same and eve-
ry part thereof, were the proper goods and chattels of
the said C. D., to wit, at the county and circuit afore-
said; and this he is read)' to verify. Wherefore he
the saidC. D. prays judgment whether the court will
grant judgment, and award execution, directing a sale
of the said goods and chattels, as the property
of the
said E. P., to satisfy the said A. B. of his debt and costs,
in the said attachment mentioned.
G,U.Atfi/,for CD,
10. Replication to the above plea.
A.
B.
^
v?.
> On Attachment.
EPS
And the said A. B. saith, that he, by reason of any
thing by. the said C. D. above in interpleading allejg'
Circuit
cowrt.
^:
ed, ought not to be
precluded from
having
judgmeni;
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 of levy-
ing the said writ of
attachment, the said goods and
chattels, and every part" thereof,
were the proper
goods and chattels of the said E. F.,
and not of the said
C. D.; and this he prays
maybe
enquired of by the
country, &c.
L. M.
Atty.
for
A, B.
11. Form of a scire facias,
against a garnishee,
after a condi-
tional judgment has been rendered against him by default,
(See revised code of 1827, p.
73,
sec. 15.)
State of IlUnois, ) .
County of
,
J
The people of the State of Illinois,
To the sheriif 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. B.,
and against the estate of E. P., for the sum of dol-
lars, directed to the sheriif of the said county, and
which said writ of attachment
has been returned by
the said sheriff, into the said circuit court; by which it
appears, th^t C. D., of the said
county, was summoned
by the said sl?eriff as a garnishee, to appear before the
judge of the said circuit court, on the first day of the
term of said court, which was holden at the courfc
house in
,
on the Monday, in the month of ,
last past, to answer whatever should then and there be
objected against him as such
garnishee; and judgment
having been entered in favor of the said A. B., and
against the said E. P., in the said suit, for the sum of
dollars; and the said garnishee having failed io
appear at the said court, on the day to which he was
summoned as aforesaid, to discover on his oath, and an-
swer
touching the lands, tenements,
(;oods, chattels,
moneys,
credits and effects of the said E. P. and the
value
thereof,
in his possession,
according to law;
whereby
a
conditional judgment
has been entered
D 2
42
FORMS OF THE
against Jiim the
said
C. D., by the said court, for the
}?aid sum oi^
dollars:
You are, therefore, hereby
comrnaiided to
summon the said C. D. to be and ap-
pear before
the
judge of the said circuit court, on the
first day of the
next term thereof, to be holden at the
courthouse
in
,
on the Monday, in the month
of next, to shew cause, if any he has, why tinal
judgment should not be entered against him, for the
said sum of
,
and costs. Hereof fail not; and
have jou then and there this writ.
[L." S.] Witness the Hon. L. M.judge, &c.
Teste, G. H. Clerk circuit court*
6. Bail, {See revised code
of
1827,
p.
82.)
1. Form of the alEdavit, to require a defendant to give special
bail, in a civil action.
set.
State of Illinois,
County of
,
^
This day personally appeared before the undersign-
ed, clerk of the circuit court, in, and fur the county and
state aforesaid, A. B., of the county of and state of
,
who is about to commence a suit against C. D.,
and made oath, that the said C. D. was justly indebt-
ed to him, in the sum of dollars current money of
the United States, for (here state the nature of the
debt, or damages particularly
;)
and that the said debt
(or damages,) or the benefit of whateverjudgment maj'
be ohtai'ied by the said A. B. against the said C. D. in
the said circuit court, w ill be in danger of being lost,
unless the said C. D. beheld to bail, agreeably to the
laws of this state.* A. B.
Sworn tc, and subscribed, &c.
Teste, G. H., Clerk circuit court,
*The above affidavit may also be made by any credible per-
son, who willsvvear for the plaintiff; and before any justice of
the peace in this state
;
and when the plaintiff is a non-resi-
dent, before any judge of a court of record, notary public, or
other olficer of the state or kingdom in which he resides, who
may be duly authorised to administer an oath.
CIRCUIT COURT. 43
2. Form of a bail bond, to be taken
^y
tiie sheriff in cases of
special bail in civil actions, (bee revised code of
1827, p.,
83,
sec.
2.)
Know ail men, &:c. A. B. and C. D. are held.&c. unto
E. F.,
sheriii' of said CGu?itj, and his successors i- of-
fice, &:c. (double the sum for which bail is requirt-d.;
The condition of this obligation is siicb, that vhere-
as,G. H. has lately sued out of the circuit court of the
county of
,
a certain writ oi' capias ad respondendum, in
a certain plea of
,
against the above bound A. B.
returnable to the next term of the said circuit court, to
be holden at the courthouse in
,
on the Mosdny
in the month of next: Now, if the said A. B. sIkJI
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 C. D. shall
not be received as bail in the said action, shall put in
good and sufficient bail, which shall be received by the
plaiijtiif, or shall be adjudged sufficient by the court; or
the said C. D. being accepted as bail, shall pay and
satisfy the costs and coodemoation money, which may
be rendered against him the said A. B., in the plea
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. S.]
C, D. [L. S.]
Taken and entered into,
Sac,
E. F,
Sheriff
county*
3. Form of the bail bond to be taken by the sheriff, in crimin-
al cases. (See revised code of
1827, p. 159, sec.
163.)
Know all men, &c. are held, &c. unto the people of
the state of Illinois, &c. (the sum fixed by the court,
^nd endorsed on the capias.)
The condition of the above obligation is snr>, that
if
the above bounden A. B. shall
personally be and ap-
4A FORMS or THE
pear before the judge of the circuit court, in, and for
the county of and state of Illinois, on the first day
of the nex( term thereof, to be holden at the court house
in
,
on the
Monday in the month of
next,
then and there to answer to an indictment which
has
been prefered against him by the grand jury of the
said county of
,
at the suit of the said people of the
state of Ithnois, for, and concerning the crime of (here
state the offence,) with which the said A. B.
stands
charged, in the said court; and shall not depart thence,
without the leave of the said court, then this recogni-
zance, &.C.
A. B. [L. S.]
C. D. [L. S.]
E. F. [L. S.]
I certify, that this recognizance was
taken by, and entered into before me,
this day of A. D. .
G. II.
Sheriff
eounty^ III.
4. Form of the recognizance of special bail, in civil cases.
State of Illinois, ) , circuit court,
County of .
^
*
term. A. D.
A. B.
^
vs. > In Case.
C. D.>
Beit remembered, that on the day of ,A.D.
,
personally appeared in open court, the court judicially
sitting, C. D., E. F. and G. H. of the county of and
state of Iilinois,and severally acknowledged themselves
to owe and be indebted to A. B., also of the said coun-
ty and state; the said CD., 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 and tenements, for the use of the said A. B.
;
yet upon this condition: that if the said
C. D. shall
happen to be convicted, in the plea aforesaid, at the
suit of the said A. B., in the said action of trespass on
the case, (or as the action is,) and shall thereupon
well
CIRCUIT COURT.
45
and truly pay and
satisfy the said A. B. of all such dam-
ages, costs and cliarges, (or if the cost be iu debt, 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 by law
such surrender is required; then this recognizance, &:c,
5. Form of a bail piece.
Stateof Illinois, ) . circuit court,
County of -
}
'
term, A. D. ,
'
C. D. of the county of
-
and state of Illinois, is de-
livered to bail upon the taking of his body, on the
day of
,
A. D.
,
to E. F. and G. H.,
also of the
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 of the bail in
dolLiri.
[L. S.] In testimony whereof, &c.
L. M. Clerk circuit court.
6. Form of the recon^nizance of bail in criminal cases, when
the same is taken in open court.
This day personally appeared in open court, the
court judicially sitting, A. 13., C. D. and E. F., of tb.e
county of and state of Illinois, and severally ac-
knowledged themselves to owe and be indebted to the
people of the state of Illinois, that is to say: the said
A. B., in the sum of dollars; and the said C. D.
and E. F., in the sum of dollars esch, current mon-
ey of the United Slates, to be levied of their respec-
tive goods and chattels, lands and tenements, for the
use of the people aforesaid; yet upon this condition:
that if the said A. B. shall make default in the perform-
^.
ance of the condition underwritten.
The condition of this reroenizance is such, that if
the above
bounden A, B. shall personally be and ap-
pear before
the judge of tlie circuit court, in, and for
Ihecounty
and state aforesaid, on the first day of the
next term thereof, to be holden at the courthouse
in
i
on the Monday in the month of next*
46
^^
FORMS OF TH
^'
then and there to answer to the said people of the state
of Illinois, for, and concerning the crime of (here re-
cite the nature of the olfence,) with which the said k*
B. stands charged before the said circuit court, as by a
certain hill of indictnient preferred against him, by the
grand jury of the said county, in that behalf appears;
and shall, also then and there do and receive what shall,
by the said court, be ordered and adjudged in the
premises, and shall not depart thence without the leave
ofthe said court; then this recognizance to be void, &:c.
7. Form of the recognizance, to replevy the fine and costs,
after judgment, in a criminal case. (See revised code of
1S27,
p. 164, sec.
181.)
This day personally appeared in open court, the court
judicially sitting, A. B. and C. D*, of the county of
and state of Illinois, (the security to be a freeholder,)
and acknowledged themselves to be jointly and several-
ly indebted to the people of the state of Illinois, in the
sum of dollars, (the amount of the fine and
costs,) lawful money
of the United States, to.be levi-
ed of their respective goods and chattels, lands and
tenements, and for \!viQ use of the said people, and such
persons as shall be entitled thereto rendered: yet upon
this condition: if the said A. B.
shall make default ia
the performance of the condition underwritten.
The condition of this recognizance is such, that
whereas, the said A. B. has been convicted at the pres-
ent term of this court, of the crime of
,
(here des-
cribe the offence,) for which the said court has assessed a
fine against him, for the sum of
dollars, and the
oosts of prosecution, which amount to the further sum
of dollars, making together the sum of
,
as ap-
pears by the judgment of the court in that behalf ren-
dered; and the said A. B. being
desirous of
replevy-
ing the same according to law,
tendered the said C. D
as his security therein, wh.o is
accepted
and approved
of by the
court, and the said A. B.
thereupon
discharge
^
Â from
the^cnstodvof
the sheriff:
Now% if the said A.
CmCUIT COUKT, 47
B.
shaii well and
truly pay, or cause to be paid, the
amount of the said
fiiie and costs, to the persons there-
to
entitled, or
authorised by law to receive the same,
within tive
months, from the date hereof; then the
above
recognizance
to be void, &:c.
9. Form of the scire facias against bail in criminal cases,
[ate of 111
County of
State of Illinois, > .
To the sheriff of comply, greeting:
Whereas, A.
B., C. D. and . F., of the county and
stale aforesaid, on the day of
,
in the
year of
our Lord, one thousand, eight hundred and
,
came
into the circuit court of said county, before the judge
thereof, in their proper persons, and acknowledged
themselves severally to owe, and be indebted to the
people of the state of Illinois; the said A. B.
as princi-
pal, in the sum of dollars, and the said C. D. and E
F. as bail, 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 tlie
use of the people atbresaid; provided the said A. B.,
against whom an indictment had been preferred in the
said circuit court, for^ and concerning the crime of
(here recite the offence,) should fail to appear before
the judge of the said court, on the tirst day of the next
term
thereof, to be holden at the court house in
,
on the
,
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 anj-
48 KORMS OF THE
tbey
can, why the said people of the state of
Illinois;
ought not to have execution against theni severally,
for
the said several sums of nnoney, for which they are re-
spectively
hound, according to the force, form a td ef-
fect of their said recog'iizauce; and further to do and
receive
whatever our said court shall then and there
consider and adjudge agairst tiiem, in that behalf.
Hereof make return as the law directs, and have
you
then
and there this writ.
[L. S.
]
Witrtess 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-
bonoi'rited from all damage and liahility,0!i account
of
their
undertaking as bail for A. B., at the suit ofG. H.,
in a certain bond of recogoizai ce, dated the day of
A. D. ,
the said (here state the particular rea-
sons for the discharge.)
7. Chancery, {See revised code
of
1827,j9. 88.)
1. Form of a summons or suhpcena in chancery. (See revised
code of
1827, p. 88,
sec.
3.)
^
set.
County of .
^
To the sheriir 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-
cerv, exhibited against him, by A. B., in our said court,
on the chancery side thereof; and further to do and re-
ceive vtrhatever the said court may then and there con-f
cmeuiT COURT. 49
sider in this behalf. And this he shall in no wise oniit:
and have you then and there this writ.
[L.
S.J
Witness the Hon. T. C. B. jud<ê, &c.
lêste, G. H. Clerk.
2. Form of the affidayit of the non-residence of a defendant/
(See 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 slate, 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 tlie said deposânt
saith not. A. B.
Subscribed, and sworn
to, &,c.
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.
3.J
county and circuit,)
*
term, A. D.
vs. > In Chancery.
CD.)
This day came the complainant by E. F. his 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 he having failed to enterhis
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 defei.dan.t
si.ail
personally be and appear before the judge of the said
E
^ TORMs OF rnh
circuit court, on, or before the first day of the next term
thereof, to be holden at tlie court house in
, on the
Monday in the month of next, to answer the
allegations and charges contained in the said complain-
ant's bill, which has been exhibited against \\\n\ in the
said court, on the chancery side thereof; the same will
be taken as confessed against him, and the matters
thereof
decreed accordingly; and it is further ordered
that a. copy of this order be published in the
,
a
pu! lie
newspaper, printed in the town of
,
in said
state, for four weeks successively, once at least in evrye
week;
the first insertion whereof to be made within
sixty dyas from the dale hereof; and that this cause be
continued until the said next term of this court.
A copyTeste, G. H. C/erA: circuit eoiirh
j. The form of a decree or bill, answer and depositions. (See
1 Harrison's Chancery,
p. 439, 440.)
$tate of Illinois,
) ,
county and circuit.
3
^
*
term, A. D
,
A. B. )
vs. > In Chancery.
CD.)
This cause coming on yesterday, as also on this
present day, to be heard and debated before the Hon,*
W. W. Judge of the said circuit court, by E. F. of
counsel for the complainant, and G. H. of counsel for
the defendant, on the bill, answer and depositions filed
and exhibited in the said cause; the substance of the
complainant''s bill appeared to be (here recite the sub-
stance of the bill briefly.) Ar^d to be reheved in the
premises is the scope of the complainant's bill. Where-
to the defendant by his council all: ged, that he by an-
swer admits, &c. (here set forth the material parts
of
the answer.) Whereupon, ur>(>, the reading of t[:e?aid
bill and answer, and the dep;sitions taken and ex!nbit-
ed asproofs ill this cause, and up'in debate of the said mat-
ters hv counsel on both sides a-;: i!fi)resaid: the said court
is of opivuon,and doth order, ndjudge and decree, tl.at,
&c, (here insert the decretal part of the order whcih
concludes the form.)
CIRCUIT COURi.. 54
^5. Form ofan order to a defendant to prepare
a decree, (See
p. 446.)
't' \
'"'
State of lilinoit
County of
To C. D., of the countj of and state
of Illinois, greeting:
Whereas, hy a certain final decree, lately made in
the circuit court of the said county of
,
on the chan
eery side thereof, in a certain cause therein lately de-
pending, wherein A. B. was complainant, and you the
said C. D. defendant, it was ordered and decreed, that
you the said defendant, do pay to the said complainait.
the sum of dollars, (or as the decree is,) as by the
said decree duly made ard fded, and remaining as of
record in our said court, de/t;i and may more fully ap-
pear: VYe, 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 of
dollars, according
to the tenor and legal effect of
^he said decree: and hereof fail not at your peril.
[L. S.
]
Witness the Hon. T. W. S. judge,
&c.
Teste G. H. Clerk.
To the slieritTof said county to execute.
t).
Form of a writ of attachment ag;ainst a person for disobey^
ing a decree. (See revised code of
1827, p. 94, sec. 31
.)
State of Illinois,
^
.
County of .
y
The people of the state o{ Illinois,
To the sheriff of said county, greeting:
V/hereas, hy 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 tR'e
52
FORMS OF TH
date
of-said decree, as by the said decree duly made
aiid
entered of record iu tlie said court, doth, and may
more fully
appear; and the said C. D. having failed to
obey aiid perform the said decree, according to the
tenor and h gal elTeet thereof, although he has been le-
gally required so
to do, as appears by the suggestion of
the said A. B. in that behalf: We, therefore, command
yau to attach the
said C. D., if he shall be found in
your countv,
and him snfely keep, so that you may liave
his body 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
'
next, to
shew cause, if any he can, why he should
not be fined
ar.d imprisoned for disobeying the said
decree,
according to the statute in that case made and
provided.
Hereof make return as the law directs;
and
liave you tl-en and there this writ.
[L. S.]
Witness the Hon. L. M. judge, &:c.
Teste, G. H. Clerk.
7.
Process
of
scqiieslration.*
(See revised code of
1827, p.
GO.,
sec.
5.)
State of
Illinois, >
^^^^
County
of
,
i.
*
The
people of the State of Illinois,
To 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
cirrnit
court of
said
county, on the chancery side there-
=*The
process of
sequestration, is a writ or cotnmissonj
sometimes
directed
to tlie
sheriif, but more usually to four or
more
coinmissioners
of the
complainant's own
nomination, au-
thorising;
them
to enter
upon tliC 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 tlie party
who is in con-
fcu pt
shall do
that
which he is enjoined to do, and is special-
ly
mentioned
in tlie
writ. (See I Harrisons Chancery,
p.
i91.
CIRCUIT
COtTRT.
5^3
of, rn a certain cause therein lately depending, where-
in 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
dollars, (or as the de*-
cree is,) within days from the date of said decree;
as by the said decree duly made and entered of record
in said court, doth and may more fully appear; and
the said C. D.
having failed to obey and perform the
said decree, according to the tenor and legal effect,
thereof, as appears by the suggestion of the said A. B.
in that behalf; and whereas,
the said C. D. is not a
resident of this state, (or hath gone out of this state, or
cannot on due enquiry be 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 jou, that you
do, at certain proper and convenient days and hours
go 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 your
hands, not only all the rents and profits of the said lands,
tenements and real estate, but also all his goods, chat-
tels and personal estate whatsoever, and keep the same
under sequestration, until the said C. D. shall obey and
perferm the said decree, and clear bis contempts here-
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-
sion.
[L. S.] Witness the Hon. L. M.judge, &o.
Teste, G . H. Clerks
8,
Of
the Clerk
of
the Circuit Court,
1. Form of the oath to be taken before he enters upon the da-
ties of his office. (See revised code of 1829, p.
44,
sec.
22.)
State of Illinois,
^
.
County of
,
5
*
I, A. B., Being appointed clerk of the circuit court
foT county, iii the state of
Illinois, do solemnly
E 2
0^4
^RMS OF THE
swear, (or affirm,) that I will support the constitution of
the
United States, and of this state; that I will truly
and faithfully enter and record all the orders, decrees,
judgnnents and proceedings of the said court; aud that
I will faithfully and innpartially discharge
and perform
all the duties of my said office, according lO the best of
my
abilities and understanding, according to
law. So
help me God. A. B,
Subscribed, and sworn to,&c.
C. D. Justice Peace, county.
.^. Form of the clerk's bond.* (See revised code of 1829,
p,
44, sec.
24.)
Know all men, &c. are held and firmly bound unto
,
governor of the state of Illinois, and his succes-
sors in office, for the use ofthe people of the said state,
whereas, the above bounden A. B. has been appointed
clerk of the circuit court, in, and for the county and
state aforesaid: Now, if he the said A. B.,
shall truly
and faitlifully perform all the duties of his said office,
as clerk of the said circuit court, according to law;
and shall deliver up the papers, books, records and pro-
ceedings appertaining thereto, whole, safe and unde-
faced, when lawfully required so to do, then, &:c.
A. B. [L. S.]
C. D. [L. S.]
E. F. [L. S.]
Approved, June
,
A. D.
S.
D. L. judge of the judicial)
circuit, state of Illinois.
^
*
this bond, when executed, should be forthwith transmitted
to t';o office of the secretary of state, where it is required to
be filed, (See revised code of
1829, p. 45, sec.
24.)
CmCUIT COURT.
65
9. Cobts,
*
1.
Form of a bond for costs in the circuit court. (See revised
code of
1827, p.
102, sec.
1.)
State of Illinois,
\
-
i
^" *^^ circuit court,
countv and circuit,J
^
term, A. D.
A. B. Plaintiff, )
vs. > In Debt, (or as the case is.)
C. D. Defendant,)
I do 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 of the officers of
this court, in pursuance of the laws of this state.
Dated at ,
this day of
, A. D.
E. F. [L. S.]
Approved, G. H. Clerk circuit court,
2. Affidavit of a plaintiff, to be admitted to sue in
farmapau-
peris, or as a poor person. (See revised code of lo27,
p,
103, sec.
2.)
County of
.
5
'
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 ofsaid 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 assigsed him by the said court, as
may be necessary, to eaable him to prosecute his said
3e
FORMS OF THE
suit, witiiout
fee or charge, according to the statute in
such cases
made and provided. A. B.
Sulscribed,
and sworn to, fcc.
G. H. Clerk,
3. Order of the court thereon.
This day personally came into court, A. B., who is
about to commence (or has commenced) an action of
trespass on the case (or as the action is,) against C. D.,
in this court, and made arlidavit, that he is a poor per-
son, and unable to prosecute his said suit and pay the
costs and expenses thereof,
and thereupon jy:ayed to be
permitted to sue in
farma pauperis ] and the court be-
ing satisfied that the facts set forth in the said affidavit,
are true: It is ordered, that the said A. B. be admitted
to prosecute his said action as a poor person according
to tliC statute in such cases made and provided ; and
that he have all necessary writs, processes and pro-
ceedings therein, without fees or charges; and that E.
F. be assigned to him as counsel, to aid him in the
prosecution of his said action, who is also to perform
his duties in the said suit, without any fee or reward
whatever, except such costs as may be legally taxed
for his benefit, or the other officers of the court, in case
judgment shall be entered for the plaintiff.
1 0. Continuances,
1 . Form of an affidavit for a continuance.* (See revised code
of 1827, p. 313, sec.
11.)
^
county and circuit,^
^*
term, A. D.
A. B. Plaintiff, )
vs. > Trespass on the case.
C. D. Defendant,)
C. D., the defendand in the above cause, being first
duly sworn according to law, deposes, and says, that
*This form, with but little rarisitiou, will ansirer as well iu
cntTiJna], as civil caseJ.
(:,uacuiT couny,
57
E. F. is a material witness for him on the trial of the
above suit; that he expects to prove bj' the said wit-
ness that (here state the facts expected to he 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 subpcena to
be issued from the clerk's office 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 his 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; be 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. C. D.
Subscribed, and sworn to, fee,
Teste, G. H. Clerk.
11. Certiorari, (See revised code
of
IQ^l^p, 269, sec,
36.)
1. Form of the \rrit of certiorari.
State of Illinois,) .
County of .5
The
people 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 lately de-
pending before you, wherein C. D. was plaintiff, and
the said E. F. was defendant, and wherein judgment
was rendered in favor of the said C. D., against him
the said E. F., that manifest injustice has been done
to him the said
E.
F. in the rendition thereof
as afore-
said; and,
we being
willing, for certain causes in
the
said petition
stated
and set forth, that the
said judg-
ment, and
the matters and things
in controversy
he
63 FRMS OP TttC
tween the said C. D. and the said E.
F. should be re-
examined in the circuit court of said county, as in ca-
ses of appeals from the judgments of justices of the
peace to tiie said court: Do hereby command and re-
quire you, that you do forthwith, without excuse or
delay, certify to tlie said circuit court, a transcript of
the said
judgment, with the proceedings thereon, and
all things
touching the same, by whatsoever names the
parties
aforesaid, or any, or either of them, arc, or is
set down,
truly, fully and exactly, as in your custody
thev now remain, under your proper hand and seal, to-
gether with
this writ; that further thereof, the said cir-
cuit court may do, that T^hich of right ought to be done.
[L. S.]
Witness the Hon. T. W. S. judge, 8zc.
Teste, G. H. Clerk.
To the sheriff of said county to execute.
The justice of the peace to whom the writ is directed will
endorse thereon as follows:

"
The execution of this writ appears in a schedule to
to tlie same writ aanexed."
And will then annex to the writ, on a separate piece of pa-
per, a schedule in the following form, viz:
of Illinois, )
^^^^
ty of .
5
State of
County
vi,
A. B., a justice
of the peace, in, and for the coun-
ty and state aforesaid, by virtue of this vrrit to me di-
rected and dehvered ;
dohereby certify to the said circ uit
court,a transcript of
the said judgment and proceedings,
together with all
things touching the same, as by the
said writ 1 am
commanded
and required.
I'l tc.-:imonv
wlvrcof, I liavc hfTeiinto
set mv hand
and
seal, this
dav of
A. D.
A. B.X P. [Seal.}
GflieiJiT COURT.
59
2. 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, &e.
The condition of the above obligation is such,
that
,
A. D.
,
before
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 tiie 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.
G. ri. [L.
S.J
J. K. [L. S.]
Taken and acknowledged,
&c.
A, F. Clerk Circuit Court,
3 Form of a writ of certiorari^
when a part of the papers only
are sent up, in case of appeals and writs o{certiorari, where
an order on the justice for that purpose is prayed for.
State of Illinoi, > .
County of
,5
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:
Whereas, it has been
represented by C. D., of coun-
sel for E. F., in the case cf G. H. against the said E. F.,
lately depending before
you, and which has been
brought into the circuit court of the said cou'ity, by
ap-
peal, (or the writ of certiorari,) that all the papers
6ti FdRMS OF THL
thereunto appertaining bave not
been sent up to the
said court, as bj law direc'ed;
aT)d, forasmuch as the
judge of the s;ud circuit court is not satifned tliat
all
the papers appertainirigJo the said suit have been sent,
but that there still remai.is with you a part of said pa-
pers, which are material to the parties on the trial of
the said suit, in the said circuit court: You are, there-
fore, hereby commanded, tUat you do forthwith, with-
out excuse
or delay, transmit to tlie said circuit court,
now sitting in
,
all of said papers as the same re-
maia in yourciistody, without addition or diminution;
to the end, that speedy justice may be done in the prem-
ises, according to law; whereof you are in no wise to
fail uuder the penalty of what the law directs; and
send vou also this writ. Teste, L. M. Clerk,
[L. S.] Witness the Hon. T. W. S. judge,
&lc.
12. Damages.
1. Form of the assessment of damages by the clerk, in cases
of jddgmeat by default. (See revised code of
1827, p. 314,
sec.
13.)
State of lUinois-, ) .
county and circuit,^
'
term, A. D.
A. B. plaintiff, )
vs. > In judgment by default, in as-
C. D. defendant.}
sumpsit.
Having
assessed the
damages against tlie defendant-
in default, by computing the interest on the amount of
the debt in the
declaration mentioned, according to
law and the order of tiie court herein; I do hereby re-
port the same as follows:
Amount of
debt,
$100
00
Interest oii'^Same from the
day of
,
A*D. ,
to the day of Â. D.
;
being years, months, and
days, at the rate of per cent.
per annum,
15 Oi&
Amount of damages,
8115
00
Teste,J. W. S. C/cr/c.
CIRCUIT GOURT.
Gi
13. Depositions,
i. Notice to take the deposition of a resident witness. (See
revised code of
1827, p. 174, sec.
2,)
Mr. C. D.
SirPlease to take notice, that, on the day of
next, between the hours of
,
in the morning,
and in the evening of the same daj'^, and to con-
tinue from day to day if necessary, at the house of E.
F., in the couiity of and state of Illinois, I shall, by
myself or attorney, proceed to take the deposition of
G. H., of said county, to be read as testimony in a cer-
tain suit in chancery, now pending and uudetermi.ied
in the circuit court of couaty, in the state aforesaid,
wherein
I
am complainant, and -you are defenda:it:
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 a non-resident witness,
f See revised code of
1827, p.
174, sec.
1,)
Mr. C. D,
SirPlease 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 the 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 lilie 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 coatinod in
jail on legal process, or is unable to attend on account of -ad-
vanced age, sickness or bodily inQM.ity, providei asaîwac-
tory affidavit is first filed in the circuit court, as to tlie
truth
of such facts. (See revised code of
1827, p. 174, sec.
2.)
F
^^.
pORAt.S OF THE
or
commission, under the seal of the said court,
direct-
ed to some justice of the peace, (judge or commissiori-
ers, a^ the case may he,)i{i'and for the county of
and state of
,
to take the deposition of E. F., a
citizen of the said last mentioned county and state, on
the
annexed interrogatories, to be read as testimony on
the trial of a certain suit at common law, (or in chan-^
eery,) now pending and undetermined in the said cir-
cuit court,
wlierein I am the plaintifT, and you are de-
fendant:
when and where you may attend if you think
proper, and fde
cross-interrogatories.'^
Yours, &c. A. B.
May
,
A. D.
3. Form of a dedimus potestatem, or commission.
(See revis-
ed code of IG^?,
p.
174, sections 1 and
3.)
Slate of Illinois,
\
^
i
county and circuit,
5
The
people of the Stale of Illinois,
x
To A. B., a justice of the peace, (or
'^C. D., E. F. and G. H.,*' if commis-
sioners are appointed,) in and for the
county of and state of ,greetir.g:
Know ye, that we, in confidence of your prudence
and fidelity, have appointed you, a id by these presents
do sîvc uiU.o you, full power and authority, and do
hereby authorise and require you, tliat at a certain
time and place, to be designated a; d appointed b}'^ you
for l.'iat purpose, you do cause the witnesses, whose
names are meiitioncd in the caption of the enclosed in-
terrogatories, as well on the part of the said
R. S. plain-
tiff,
as on the part of T.
W. defendanl,''to come beibre
yo4i,and then and there, diligently and faithfully exam-
ine
each of them apart, upon the said i terrogatories,
on their respective
corporeal oaths first taken lêfore
you, both on the part of the said plaintitT and defendant,
and lone others; and that you do take such their exami-
*A copy of the ihtorrogatories should bo annexed
to thi?
notice, when it is delivered.
CIRCUIT COURT. GS
uations, and cause the said interrogaloriesas they are
propounded, together with the ai^swers of the said
witnesses thereto, to be reduced io writing, in the or-
der in which they shall be propo.M;,d and answered;
and when you shall have so tak-.i them, you shall,
cause the said witnesses to s-ign their names to the same,
in their proper places, in your presence; and there-
upon, you will annex at tiie foot thereof, a certiiicate,
subscribed by yourself, in which you must state that
they wêre sworn to, and signed by the deponents, and
the time and place, wjien and where, the same were ta-
ken. After which, you are to send the said depositions,
together with this commission, and the enclosed inter-
rogatories careful]}^ enclosed and sealed up, lo the clerk
of the circuit court, in, and for the couniy of a;;d
state of Illinois, with the names of the said parties lit-
igant endorsed thereon. And this you shall in no wise
omit.* .
[L. S.] Witness the Hon. L. M. judge, &c.
Teste, G. II., C/erA; circuit fowL
4. Form of asnbposna for witnesses to appear before a jus-
tice of the peace, (or'commissioners,) to be exaiianed in
pursuance of a commission. (See revised code of
1827,
p,
176, sec.
6.)
State of ) ,
r \
A c i
SCI.
County 01
?
>
"
To A. B., C. D. and E. F., greeting:
"Whereas, I, (or "we," if commissioners,.) the under-
signed, a justice of th.e peace, in, and for the couniy of
and state af
,
have received a commission is-
suing out of, and jînder. the seal of the circuit couj-t,
in, and for the county of and state of . .and to
"i'When
a deposition is taken by a judge, or justice of the
peace, out of this state, bis return should be accompanied by
a certificate .of his official character, under tlje g-re;.t seal of
state, or under the seal of the proper.court of record of
the
county, or city, where the deposition is taken. (See revised
code of
1827, p.
175. sec, 3.
G4
FORMS OF THE
me directed, for the examination of
witnesses, in a cer-
tain cause now pending, and uiidctermined in the said
circuit court, between G. H. idaintiff,
and L. M. dc-
feiulanty and wjjereas, I am inibrmed that you are nr.a-
terial witriesses for the plaintiff^ (or defendant,) in the
said suit: I,
therefore, by virtue of the said commis-
sioi^, require >ou, and each of you, personally to be and
appear before me, at the house of R. S., in the said
county of
,
on
,
the day of next, at
the hour of o'clock, in the noon of said day,
then and there tol'c examined, and to testify the truth,
in relation to the said matter in controversy, according
to the best of your knowledge, on the part and behalf
of the said . Hereof fail not, u!:der the penal-
ty of what the law directs.* Given under my hand
ai;d sea], at ,tiiis day of
,
A. D.
T.
W.J. P. [Seal.]
5. Fo;'m of Intcrrcgatories, to be adminibtered to witnesses.
Interfogatcries to be administered to A. B., C. D.
and E. F'., of the county of and state of
,
wil-
neisrs, to be produced, sworn aind examined, in a cer-
tain cause at common law-, (or in chancery,). now
pend-
iii;-, and
undetermined in the circuit court, in, and for
the
cour.iy of and state jof
,
wherein G. H". is
plr,i:;tiff, and L. M. is defendant,' on the part and be-
hr i
C
of the said
,
as follows
: .
.
Question
1. Do you know the parties,
plaintiff and
defendant in t'le title of these interrogatories
namrcd,
or either,
and which of them, and how long hcive
you
known them
respectively?
[Here
proceed
with all the questions relative to the
matter in
controversy,
and conclude* with the follow^
ing:)
Question
8. Do you know ôf any other matter or
thinir,
that may
tend to the benefit and advantage
of
*TJ)is
siibpccna
may be served eill.cr
by
an cfDccr, or any
person who snail
bave a copy thereof with each of the wis
nessesj
CIRCUIT COURT.
6d
the plain titr in this cause? If yes: declare the same as
fully, as if you had been thereunto particularly inter-
rogated.
6. Form of a deposition, certified according to law.
The deposition of A. B., of the county of and
state of
,
a witness produced, sworn and examined
before G. H., a justice of the peace, in, and for the said
county and state, on the day of
,
A. D. ,
at the house of T. Vy.,in said county, in pursuance of
a commission, issued out of, and under the seal of the
circuit court, in, and for the county of and state of
,
bearing date the day of
,
A. D.
,
and to the said justice directed, to he read as evidence
on the trial of a certain suit at common law, (or in
chancery.) now pending and undetermined in the said
circuit court, wherein L. M, is plaintiff, and R. S. is de-
fendant, n the part and behalf of the said plaiitiff.
The said A. B. being first duly sworn, according to law,
deposeth and saith, in answer to the several interroga-
tories enclosed in tlie said commission, on the part of
the said plaintiiF, as follows, viz:
Question 1. Do you know the parties, plaintiff and
defendant, in the title of these interrogatories named,
or either, or which of them, and how long have you
known them respectively ?
Answer. I am well acquainted with both the plain-
tiff and defendant; I have known the plaintiff
for
about years, and the defendant about half that time.
[Then proceed with the questions and answers, in the or-
der in which they are proposed and auswêred, and conclude
as follows:
Question 8. Do you know any other matter or thing,
that may tend to the benefit, and advantage of the
plaintiff in this cause? If yes; declare iht' samftas ful-
ly, as if you had been thereunto
particularly iaterro-'
gated.
F 2
u6 . F^PRMS OF THE
Answer. I do not recollect any thing
material, which
would henciit the plaintiff, other
than
what 1 have al-
ready
stated in nny answers to the preceding
questions.
A. B.
I do hereby certify, that the above deposition of A.
B.,
was sworn to, and signed by the deponent, before
me, and in
my
.presence; and that the said deposition
was taken by me, on tlie day of
,
A. D.
,
at
the liouse of T. W., in the said county of
,
between
the hours of o'clock in the morning, and o'clock
in the evening of said day. Given under my hand and
seal, this day of , A. D.
G. H. J. P. county 111, [L. S.]
14. Detinue,
i. Affidavit to be made by the plaintiflf, before a capias in det-
inue can issue, (See revised code, of
1827, p. 179, sec.
1.)
i
State of Illinois, ) .
County of
,
^
A. B., of the county of and state of Illinois, who
is about to commence an action of detinue, against C.
D., in the circuit Gourt of said county, for the reeove-
ry of the following described property, to wit: (bore
describe the property particularly;) maketh oath and
saith; that Hiq said property properly and of right be-
longs to, and is the property of him the said A.'B.
;
that the true value thereof, is dollars; and that the
said C. D. unlawfully detains the same from him the
said A. B. A. B.
Subscribed, and sworn to, &c.
A. F. Clerk Circuit Court.
2. Form of a writ of
capias ia detinue.
State of Illinois,
\ ^
^
County of .
^
*
To the sheriti of said county, greeting:
We command you to take C. D., if he shall be found
in your county, and him safely keep, so that you may
CLRGUIT COURT.
Qp
have his body before the circuit court of said county,
on the first day of the next term thereof, to be holden
at the courthouse in
,
on the Monday in the
month of
next, to answer the plea of A, B., in a
certain
action of detinue, wherein he .comphiins that
the said C. D. unlawfully detaijis his property, to the
value of
dollars, whereby he has sustained dam-
age to the value of dollars. And have you then
and there this writ; and make due return thereon, in
what manner you execute the same.
[L, S.] Witness the Hon. L. M. judge, &c.
Teste, G. H. Clerk,
[On which said writ the olerk should make the following
endorsement, to wit:]
'*The value of the property in the within mention-
ed case, according to the affidavit of the plaintiff, is
dollars; the sheriff will therefore dernand bail of
the
defendant in double that sum."
G. H. Clerk,
3. Bail bond to be taken by the sheriff, from the defendant,
on arresting his body. (See revised code of
1827, p, 179,
sec.
2.)
Know all men, i^c. unto A. B. of the same county
and state, &c. (double the sum endorsed on the capias,
&c.)
whereas, the above mentioned A. B. has commenced
an action of detinue, against the above bound C.
D.,
in the circuit court of the said county, for the recove-
ry of certain specified property of the value of
dollars, as by the affidavit of the said A.
13.,
and the
endorsement on the writ of capias in detinue, issued in
the said case appears; and whereas, the said C. D. is
desirous to release his body from tlie operation of
the
said writ, which has this day been served upon him, by
the sheriff of said county; and thereupon tendered the
said E. F., as his bail, who is accepted by the said
oB
FORMS OF TH
sheriif as such,
in couroraiily with the statute in thai
case made and
provided, ai^d the person
of the said C.
i). discharged
from his arrest: Now, if the said CD,
siiall well and truly deliver, or cause to be delivered,
to the said A. B., all such property as he shall recover
ia the said suit, ili cast; judgment sliall he rendered
agai'.ist the said C. D. ; and shall also pay all such dam-
ages, as may be assessed against him for the detention
of said property, together with the costs of suit, then,
&c.
"
C. D. [L. S.]
E. F. [L. S.]
G. IL
Sherijf eounty^ 111,
15. Dbzoer.
i. Form of a summons against the defendant, in cases of peti-
tions for the assignment of dower. (See revised code of
1327,p. 183, sec.2.)
State of Illinois,
\
^
a.
County of
^
S
'
We command you to summon C. D., E. F. and G.
H., if they shall be found in your county,
personally
to be and appear before the circuit court of said coun-
ty, on the first day of the next term thereof, to be com-
menced, and hojden at the court house in
,
on the
Mondav in the month of next, to answer the
complaint of A. B., widow of L, B.,
late of the said
county of
,
deceased, for having failed and refused
to assign and set over, to the said complainant, her dow-
er in the lands, tenements and hereditaments of the
said deceased, according to law, as by her petition in
our said court hied in that behalf, appears; ajid Siiew
cause, if any they can, why such dower should not be
assigned to the said complainant, according to the pray-
er of her said petitio;}. And have you then and there
this wrii ; and make due return tl.ereon, in what man-
ner you execute the same.
[L, S.
]
Witness the Hon. T. W.
S. judge,
&:r.
Teste G. H.
ClerL
VIRCUIT COURT.
GO
^, Form of the notice to be piiblislied by the clerk, when the
defendants do not reside in
the county ia which the peti-
tion is filed. (See revised code of
1827, p. 183, sec.
2.)
State of Iliiiiois, )
,
In the circuit court of said
County of
,
y
'
county, term, A. D.
*
A, B. complainant,
"^
vs.
I
CV D., E. F. and G. H., heirs )>Petition far the assign-
and legal representatives of
j
ment of dower.
L. B., deceased, defendants.
J
Public notice is hereby given to C. D., E. F. and G.
H., the defendants in the above case, as heirs and le-
gal representatives of L. B.,late of the said county, de-
ceased
;
that A. B., tile widow of the said deceased,
has filed a petition in the said circuit court, in which
she complains, that you have failedand refused, to as-
sign and set over to her, her lawful and reasonable
dower in the lands, tenements and hereditaments, of the
said deceased, which are specified, and particularly
described in her said petition; and whereof, by law,
she insists that she is dowable: You, and each of you,
are therefore hereby required, personally to 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 month of
next, to shew cause, if any you have, why such dower
should not be as?igned to the said complainant, as in,
and by her said petition is prayed for. And this you
shall in no wise omil."^
L, M. Clerk circuit court*
JTune , z\. D.
*WhcTe the defendants are unknown, the like notice is tc
be published, except that they are to be described as the
"unknown heirs and legal representatives of L, B,, deceaS'
ed,
&c/'
70
rORMS OF
THE
3.
Form of the oath to be
taken by the
commissioners
appoint-
ed to make ab
assignment
of dower.
(See revised
code
of
'
1827,
p.
lC4,sec.
5.)
"I,G. H., do solemnly
swear,
that I will
fairly
and
impartially
allot and set off
to A. B., widow
of L. B.,
her
dower out of the lands
and
tenements
described
in
the order
of the court for that
purpose,
if the
same
can be made consistent
with
the
interest
of the
estate,
according
to the best of my
judgment.
So help
me
God."*
4, Report of the
commissioners.
(See revised
code
of 1827
p. 184, sec.
5.)
To the
Hon. R. M. Y.,
judge
of the
circuit
courts
in, and for the county
of
and
state of Illinois.
^\e, the
undersigned,
commissioners,
havii]g
been
appointed by an ordpr of the
said
court,
to allot and
set off to A. B., widow of L. B.,
deceased,
her dower,
out of the
lands and
tenements
described
in tlie said
order of the court,
and late
the
propertyof
the said L.
B.; do, in
conformity
with law
and the said
order of
courj,
make
the following
report:
That,
having
beeii
first duly
s.vorn
according
to law,
ffurlj^^nd
impartial-
ly to allot
and set off,
to the said
A. B;^Mier
dower in
the
premises
aforesaid,
if the same
could be doneôn-
sistent
with the
interest of the
said
estate; we after-
wards,
to wit, on the day of
, in
the year of our
Lord
one
thousand,
eight hundred
and
.
,\verjt
upon
the said
hcmh
and teiiemeiits,
and
after
havnig
careful-
ly examined
the quality, and
ascertained
the
quanlitv
by the
admeasurement
thereof,
we
proceeded
to allot
and set off, to the said A.
B., her
dower out of tliC same,
by
metes and bounds,
according
(o
quality
and
quanti-
ty,! i the
following
manner, to wit:
In the
first place,
we allotted
to her the
homestead,
or
dwelling
house
of
'^Tljis
oath must be
adininister^^d
by
tl'O
court making the
order, or soinc
justice of ti.c
]
cace
of the
proper county
(See
revised
code
of I8';7,
n.
134. secr.'l
emCCJlT COURT. ?1
the said deceased,
according to her desire, witli the fol-
loni^g described
tract, or parcel of land th(M"eto ap-
pendant and
adjoining, and l3oundedas follows; begin-
ning at (here describe the ^boundaries,.particularly;
and
proceed with the description and boundaries of all
other
tracts that may be assigned to her, and conclude
as foliovvs
;)
A description of which said tracts, or par-
cels of land, will nnore fully and explicitly appear, by
reference to the annexed plats and explanations, which
are intended as a part of this report. All
which is re-
spectfully submitted. Witness our hands and seals, this
day of , A. D.
C. D. [L. S.] )
E. F. [L. S.j
. > Commissioners
o
G. H. [Li.
S.J
^
5. Form of the writ of habere facias seisinam. (See revised
code of
1827, p.
.184, sec.
7.)
State of Illinois,) ,
County of . )
'
To i\\e sheriff of said county, greeting:
Whereas, A. B., widow, who was the wife of L. B.,
deceased, hath lately in our circuit court, in, and for
the said county- recovered agai?ist C. D., E. F. and G,
H.,
heirs and legal representatives of the said deceased,
her seisin of the third part of the lands and tenements,
of which the said L. B. died seised, as the dower of
her the said A. B,,of the etidowment of t^'.esaid L. B.,
her late husband, whereof the said C. D., E. F. and
G. H. are convicted, as by the inspection of the re-
cords and proceedings thereof in our said court ap-
pears: We, therefore, command you, that
you do with-
out dela)?, deliver to the said A. B., the
possession of
the following described tracts, or parcels of
land, with
the appurtenances, situate in the said county
of
,
to
wit, (here describe llse
s^^veral tractsof land
allotted to
thf widow parlicularlv;) to
hold to betin
severalty by
the said metes and bounds,
for and during
her natural
v:2
>;ORMS OF TKii.
life,
according to tlie force, form and eflect of the ic
covery
aiul affirmaiice aforesaid, and according to the
statute in suc!i case made and provided. Hereofmake
due return, together with the manner in which you ex-
ecute the same,
[L. S.] Witness the Hon. T. VV. S. judge, &c.
^J'este, G. H. Clerk.
)6. Forms
of
proceedings in an action
of
trcf^pass in eject-
ment.
1. The original writ, or summons.
)is, )
>
set.
State of Ilhnois.
County of
The people of the state of llhnoi^'.
To tlie sheriir of county, greetings
We command you to summon C. D., if to be found
in
your county, to he and appear before the judge of
our circuit court, to be hoiden in, and for the county
aforesaid, on the first day of the next term thereof, to
be hoiden at the court house in ,on the Mon-
day in the month of next, to shew wherefore with
force and arms, he entisred upon a tract of land, and
into the dwelling bouse thereon, with the appurtenan-
ces, in the said county of
,
which A. B. hath de-
mised to E. F., for a term which is not yet expired, and
ejected him from bis said far^n, and other enormities
to him did, to the great damage of t'ne said E. F., and
against the peace and dignity of the said people of the
stnte of Illinois. And have you then and tiiere this
writ.
[L. S.]
Witness the Hon. W.
W. judge, <Slc.
Teste, G. H. Clerk,
S. Copy of the declaration against the casual ejector, who
gives notice thereupon to the tenant in possession.
Slate of Illinois, ) ,
coutyrfKd circuit,
J
'
*
term,
A. D.
E, F.,
;jy
L. iVI. his attorney, complains of C. D., in
^
plea of trespass vi et armis^ ike.
For that, whereas,
IPRGUIT
GURT 73
A.
B.jOn the
day of ,in the year of our Lord,
ono
thousand,
eight hundred and
,
at the couiitj
and
circviit aforesaid, had demised to the said E. F. a
certain tract of hand, with the dwehing house thereon,
and
all and singular the appurtenances thereunto be-
longing
and appertaining, situate in the said cou;ity of
;
to have and to hold the said tract of land, with
the said dwelling house and appurtenances, to tlie said
E. F., from the day of .
,
in the year of our
Lord one thousand, eiglit hundred and
,
to the end
and term of years, from thence next following, and
fully to be complete and en.ded; by virtue of which
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 day of
,
in the year of our Lord one thousand, eigsit hu (dred
and
,
with force and arms, to wit, swords, staves
and knives, entered upon the said tract of land, and
into the said dwelling liouse, with the appurtenances,
which the said A. B. demised to the said E. F,, ir? form
aforesaid, for the term aforesaid, which is not yet ex-
pired, and ejected the said E. F. out of his said farm;
and
otfier wrongs to him did, to the great dam iê of
the
said E. F., and against the peace and dignity
of the
people of the state of Illinois; whereby the said E. F
saith,
that he is injured and damaged to the value
of
dollars; and thereupon he brings suit, &c.
L. M. .'Itfy
for
P/ff,
Mr. R. S.
I
am informed that you are m possession of, or
olaim 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 having
no claim, or title to the same, do advise you to app.âr
at the next term of the circuit court, to i)e holder, in,
and for the county of and state of Illinois, at n'le
eourt house in ,on the Mf)iday in
< le mo th
cf next, by some attorney of that court, and then
G
14 F0RM5 OF THK
and lliere, by a rule to be made of the same court, it^
cause yourself to lie made defendant ii' my stead;
otherwise I shall sulTer judsjment to he eiitercd against
me by default, and you will he turned out of possessîon.
Yours, &c. A. B,
May ,A. D.
3. The rule of court.
E. F. )
vs. >
In Ejectment.
C. D,)
It ii ordered
by the ôurt, by the assent of both
par-?
ties a >d
their attorneys, that R. S. may be made de-
fendai.t, in the place of the now defendant C, D., and
shall
immediately appear to the plaintifPs action, a'^d
shall receive a declaration in a plea of trespass and
ejectment
of the tenements in r.uestion, and shall im-
mediately
plead thereto, Tiol guilly: and upon the trial
of the issue, sliail confess lease, entry and ouster; and
insist
upon
his title only. And if upon trial of the is-
sue, the
said R. S. doth not confess lease, entry and
ouster,
and by reason thereof the plaintiff cannot pros-
ecute his writ, then the taxation of costs upon such
7ion pros,
shall cea?(", and the said R. S. shall pay such
costs to the plaii'.tiir, as, by t'ne said court, shall be
tax-
ed
a d adjudged for suc'i his default in non-perform-
a!'ce of this rule;
and judgment shall be entered
against the said C. D., no^v the casual ejector, by de-
faull.
And it is ftirther ordered, that, if upon the trial
of

e said issue, a verdict shall be given for the de-
fendant,
or if the plaintiff shall not prosecute !iis writ,
upon any other cause, than for t'ne rot confessing
lease,
entry
and
ouster, as aforesaid, the lessor of the
plain-
tiff shall
pay thecosts, if theplaintiflf himself doth not
pay them.
[We will dispense with printinj^ the caption to writs, and
merely
remiiid the
reader, that it is necessary
in issiiir^ tliein.
The preceding forms will serve to show vrhere they are to he
varied, to suit term time, or vacation. Tê constitution makes
it
necessary that the writ shall run ia the name of
*'
The peo=
pie of the state of Illinois."]
CmCUIT COURT.
\iJ
4, Form of the writ of habere facias possessionem, with a
fieri facias, for the damages and costs.
Whereas,
E, F., lately in our circuit court, in, and
for the
county and state aforesaid, before the judge
thereof,
by our writ, and by the judgment of the same
court,
recovered against R. S., his term then and yet
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 the said
E. F.; to have and to hold the same to t\]Q: said E. P..
from the said dale, for, and during, and unto the full
end and term of years, from thence next ensuing,
and fully to be complete and ended; by virtue of which
said demise, the said E. F. entered into the said tene-
ments, with the appurtenances, and was possessed
thceof, until the said R. S., afterwards, to wit, on the
day of ,in the year of our Lord one tliousand,
eight hundred and
,
with force and arms, &:c
entered into the said tenements, with the appurtenan-
ces, which the said A. B. had demised to the said E. F.,
in manner, and for the term aforesaid, which was not
then, nor is yet expired, and ejected the said E. F*.
from his said farm; whereof the said R. S. is convict-
ed, as appears to us of record : Wc, tiierefore, command
you, that vfithout delay, you cause the said E. F. to
have the possession of his said term yet to come, of, in
and to the tenements aforesaid, with the appurtenan-
ces; and we also command you, that of the goods arid
chattels, lands and tenements of the said R. S. in your
county, you cause to be made, the sum of dollars,
which ti)e said E. F,, also in our said court, recovered
against the said R. S., for his damages, which he had
sustained, as
v/ell onoc^casiOn of the trespass and eject-
me::;t aforesaid, as for his costs and charges bv him
about his suit in that behalf expended, whceof the
said R. S, h also convicted as appears to us of record:
Vu
^ iORMS OF THE
And
have you that money within ninety days from the
daê j.'erepi,
to render to the said E. F., lor his darrtnges
and ce^
aforesaid. And make due return, in \^hat
manner }ou shall have executed this writ,
17. Bill
of
exceptions.
Be ii
rememhered, that on the trial of this cause,
the
counsel
for the defendant, to maintain
and prove
the issue
on his part gave in evidence, that,
&lc, (here
stale the evidence offered.) To v\hich evidence, the
plaintiff bv
his counsel objected, as improper to go to
the jury,
whereupon the matter was referred to the
court;
who being of opiiJon that the said evidence was
proper
tc go to the jury, the plaintiff
ly
his counsel ex-
cepted to such opinion, and prayed that these his ex-
ceptions
might he signed, sealed and made a part of tlie
rcrord,
pursuant to the act of the assembly in such
case made and providei; and it is accordingly done.
. F. [L. S.]
18.
Habeas Corpus^
(See remsed code
of
1827,jt?. 23G,
f
, Form cf the "vvrit of habeas corpus when issued by the
court in term time.
To A. B., of said county,
greeting:
Vv'e
command
you, that you do forthwith
without
excuse
or delay,
bring,
or cause tol)e brought,
before
t'le
circuit
court of
said county, now sitting
at the
court
house
in
,
the body of C. D., by
w^hatever
nam^^
or
addition
he is known or called, and who is un-
lawfully
detained
in your custody, as it is said, togeth-
er
with
the
day
and cause of his caption
and deten-
tion-
then
and
there to perform and abide such order
and
direction,
as our said circuit court shall make in
that
behalf.
Hereof
make due return,
forthwith,
uq-
der
the
penalty
of what the law directs.
To
the
sheriff
of said county to execute.
CIRCUIT COURT.
77
[Endorsement to be made by the clerk on said writ. See
revised code of 1827, p.
2o7, sec.
1.]
"
By the 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 A. B. (or tender if payment is refused) the sum of
dollars,* liis legal charge for bringing up the body
of the said C, D., before the said circuit court; he the
said C. D. haviiig already given sufficient security, to
pay the charge of taking him back from whence he
came, if he shall be remanded." Teste, G. H. Clerk.
2. Form of the 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.)
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. B.,
in wliich
the said A. B. is commanded to bring up the body of
the said C. D., forthwith before the said circuit court,
for certain reasons in the said writ specified: Now, if
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 (he command of the said
writ, if he the said C .D. shall be remanded by the said
court; then, &c.
[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 he
iixed bv the judge.
G2
i?8
^
ORMS OF THE
:>. Form of the writ of habeas corpus, when issued by
the
judge in vacation.
To A. B. of the county of
and state
aforesaid, greeting:
We commai'd you, that you do, forthw-ith, without
excuse or tlela> , bring, or cause to be brought, before
the judge
of the circuit court of said county, at his
chambers in
,
the body of C. D., by whatever
name ci addition he is known or. called, and who is un-
lawfully detained in your custod), as it is said, togeth-
er with the day and cause of his caption and deten-
ti.Tm; then and there to perform and abide such order
a:.d direction, as the said judge shall niake in that be-
half. And hereof make due return, under the penal-
ty of
vvhat the law directs.
S. D. L. Judê
judicial circuity state
of
Illinois*
4. Return to a writ of habeas corpus, when the person is in
custody on legal process.*
In
obedience to the command of the within writ to
me directed, I have the body of the said C. D., togeth-
er
vilh the
said writ, and the return thereto, of the
day a.'^d
cause of the caption and detention of the said
C. D., in a certain schedule, to the said writ annexed,
before thesaid
circuit court, (or before the said judge
at
'vvfi chambers
aforesaid,) as within f am comma' ided.
May
^
A. D. .

A, B.
Sheriff.
&,r,
[The following return should be annexed to the writ, on a
separate piece of paper.]
I, A. B., sheriff of the county of and state of
11-
lif'.Gi^, by virtue of this writ to me directed and deliv-
*
Tne return to writs of habeas corpus, arc, from the par-
tic'jlar circumstances of each case, so different from each oth-
er, t; at it is impossible to give any fonn, which will aiiswcr as
a .. neral rule in all cases
;
the above will- suttice to show,
what ID tlie general, is necessary to be inserted to make the
return a good one.
GiagUIT COURT.'*
^^
n9
ered, do hereby make known to the said circuit court,
(or lo the said judge) that tlie said
C. D. vyas, on the
day of
,
A. D.
,
committed to my custody,
as jailer of the said county of
,
by virtue oi a mit-
timus under tlie liand^s and seals of E, F. and G. H.,
f
justices of the peace, in, and for
saidcounty,forceitain
causes in the said mittimus specified
;
a copy of w hich
is r.ereto annexed; in obedience to which, 1 t.ave de-
tained the said C. D. in niy custody, in the comm.on
jail of said county, as thereby I was commanded:
which is tiie same caption and detentioi:, of which men-
tion is made in the said writ, and none other.
A. B.
Sheriff] S^c.
[Here a copy of the mittimus should be annexed.]
5. Affidavit to obtain a writ of habeas corpus ad testifican-
dum. (See previous affidavits for the caption and
conclu-
sion of vi^hat follows.)
A. B., the above named plaintiff, maketh
oath and
saith, that E. F., now a prisoner in the custody
of tlie
sheriir of the said county of
,
is, and will be a ma-
terial witness for this deponant, at the trial of this
cause: and this deponent further saith, that he is ad-
vised and verily believes, that he 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.
G. 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 underyour 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
88 "tORIIS OF THE
in the said circuit court, arscJ then and there to be tri-
ed,
[xitwccr.
^.
D. piaiutiir, and C D. dofendaDt, of a
plea of trespass on the case, on the part of tiô said A.
B. ; and immcdiatelj after the said E. F. sljall then and
lliere have given his testimony before t!ie said court, in
the said suit, vou are to return him the said E. F. to
our said prison, under the like safe and secure conduct
as aforesaid. i\j)d have jou then and th^re this writ.
19. Injunciions,
1. Form of a writ of injunction, to stay proceedings at law.
(Sec reviseu code of 1G27,
p.
306, sec.
10, 11,
1;^ and
13,)
To A. B., his counsellors, attorneys, so-
licitors and agents, greeting:
Whereas, C. D.
has lately exhibited his bill of com-
plaint, to tlie judge of the circuit court, in, and for the
couiiiy and state aforesaid, on tlie chancery side there-
of,
against you the said A. B. defendant; wherein,
among other things, it is alledged, that you unjustly
prosecute tlicsaid complainant atlaw,touchingthe mat-
ter? and things therein stated and set forth: We, there-
fore, in cons.idcration of the premises, do strictly en-
ioin
and commar.d you the said A.
Bs,
and all, and ev-
er)' the persons above mentioned, that you, and each
of you, do absolutely and entirely desist from ajl fur-
ther procoedinejs at law against the said complainant,
concerning anv of the matters in the said bill complaiH-
ed of, until you, and eacli of you, shall appear to, and
fully answer the complainant's bill, and the said court
make other order to the contrary. Hereof fail not, un-
der the penalty of what the law directs.
2. Form of the injunction bond to be given by the complain-
ant.
. (Penalty, the sum fixed by the court.)
The co'iditionof the above obligation is such, that
whereas, the above bound C. D. has prayed for^ and
CIRCUIT COURT.
\Jh^
Gl
ol)tainecl a writ of
injunction,
from the circuit
court of
said county,
restraining
and enjoining \he said A, B.
from proceeding to
the collection of a judgment atlaw^
oblained by him against the said C. D., i:ahesaid cir-
cuit court, on the
day of
,
A. D.
,
for the
sum of
dollars debt, (or damages,) and dollars
costs, until the said court
shall make other order to
the
contraryôw, if the said C. D.
shall pay, or cause
to be paid toê said A. B., all money and costs due,
or to be due to him, in the said action at law; and 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, (fee.
3. Form of
a writ of iDJiinction, to stay waste, trespass, &c.
(See
p. 207.)
To A. B.
and his workmen, laborers, ser-
vents and agents, each and every of
them, greeting:
Whereas, it has been represented to (he
judge ofour
circuit court, in, avd for the county of
,
(exercis-
ing chancery jurisdiction,) in a certain cause therein
depending, wherein CD. is complainant, and you the
Eai.t A. B. are defendant, on the part of the said com-
plainant; that, you the said A. B. are committing great
damage, waste and destruction on the lands of him the
said C. D. ; being the same lands, whereon one G. H.
now resides, situate, lying and being in the saidcou-itj
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 dis^
trict of lands offered for sale at : We, therefore,
in consideration of the premises aforesaid, do strictly
1^
enjoin and command you, the said A, B., and your work-
men, laborers, servents and agents, and all, and each of
youy that you do, from henceforth, absolutely and en-
tirely desist from felling, or cutting down, or othorv/ise
injuring or destroying any timber, or other trees, stand*
S^
'
^6^/
FORMS OF TILE
ing, grîng, or beinc; upon the premises in question, or
from committing or doing any other or further waste,
or spoil, in. Of upon the said premises, or any part
thereof, until our said rourt shall make other order to
the contrary. And hereof fail not, under the penalty
of wluit the law directs.
4. Form of the injunction bond to be given ^Rhe complain-
ant.
(Penalty, the sum fixed by the judge.)
The condition of the above obligation is sncli, that
whereas, the above bound C. D. has prayed for, and
obtained a writ of injunction, from the judge of the
circuit court of said county, enjoining and commafding
the said A. B., his workmen, laborers, servants ami
agents, absolutely and entirely, to desist from felling or
cutting down, or otherwise injuring or destroying any
timber, or other trees, standifsg, growing or being upon
a certain tract of land, situated in the said county of
,
On the waters of
,
whereon one G. H. !iow resides;
the said tract of land being known and designated as
the quarter, of section number
,
in township
number
,
of range number ,in the district of
lands offered for sale at
;
and also from commit-
ting or doing any other, or fnrtlier waste or spoil, in,
and upon the said premises, until the said court s];ould
mike other order .to
the contrary: Now, if the said C.
D. s'tai! pay, or cause to be paid, to the said A. B.. all
such damages as he may sustain, by reason of the is-
suif:g of the said injunction, and also such costs and
damages as may be awarded against the said complain-
ant,
hy tlie said court, in case the said injuction herein
granted shall be dissolved, then, 8cc,
20. Juries and Jurors. *.
1. Oath to be taken by the foreman of the grand jury.
*'
You, as foreman of this inquest, do solemnly swear,
(or alHrm.) that you will di]igen,tly enquire into, and
i
true preecnfmenf; make, of all such matters and things,
as shall he îven you in charge, or shall otherwise come
to yotir knowledge, touching tl'e preseiit scrvire-, }ou
shall present i.o person through m-'lice, hatred
or
ill
will, :!.or shall you leave any unpresoDted througli fear,
f'lvor or afrecTion, or for any fee or reward, or tor ariy
hope or promise (hereof; hut in all your presc-ntme- ts,
you shall
prtsP^nt
the (riitli, the whole truth, and nothing
but t'lc trutii, accord!^
g
to the hest
of jour 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 hefore you on his part, you, ar.d each of you,
shall well aiid truly keep a:.d ohserve, om your respec-
tive parts. So help yoti God.''
2. Form of a venire facias.
We command vou, that you cause to come hefore
the judge of our circuit court in, and for the said scan-
ty, on the first day of the next term thereof, to be
commenced a d holden at the court house i'l
,
oa
the Monday in the month of next, 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 certain jury of the country, het ween the parties
aforesaid, i i a plea of trespass on the case, because as
wêll 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 saidjurors,together vtîth this writ.
3. Form of a venire facias, where one defendant pleads, and
another
lets judgment go Dy default.
To the sheriff of said cou;ity, greeting:
We
,con:i.r.aj,it ypu, that you cause to come hefore
the judge of tnurcirbuit court, in, and for the said coeA"
y^
iVORMS
or
m\i.
tj', on the day of
,
A. D.
,
at the
courE
t
liouse in
,
twelve good ;ind lawful men of your
t
couiitv, who are in no wisrj of kin to A. B. the plaintiff,
orC. D. and E. F. the defendants, to make a certain
jury of the country, between the parties aforesaid, as
well to try the issue joined between the said A. B. and
C. D., of a plea of trespass on t!ic case, as to inquire
agali.ist the said
E. P., what damages tfte said
A. B.
hat'i sustai ^'d,as well by means of the not performing
of the said promises and undertakings of the said E.
F., as for his costs and charges, by him, about his suit in
this behalf expjeiuled; w^hereupouit hath been consid-
ered, that the said A. B. 'ûght to recover his dama-
ges agaiijst the said E. F., because as well tlie said
C,
p.
as the said A. B.,
between whom tfje matter in
controversy is, have
put tliemselves upon that jury;
and have you then ar.d there the names of the jurors
aforesaid, together with this writ.
4. Form of a Avrit of inquiry of damages, after a judgment
by default against the defendant.
Whereas, in a certain suit in our circuit court, in,
and for the said county, of a plea of trespass on the
case, between A. B.
plaiiitilf, and C. D. defendant,
such proceedinsjs were thereupon had in Vae said court,
th.'.t the said A. B. ought io recover against the said
C. D.,
l)is damages on occa'>iori of the premises: But
because it is unknow !i to tb.e judge of our said court,
Wihat damages the said A. B, hath sustained by means
of the premises aforesaid: We, tlierefore, command
you. that you cause to come before the judge of our
said court, 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 i'lquire what damages the said A. E. hath raisiaiiêd,
bj reason of the premises aforesaid., in. this- behalf,
and
GIRCUIT COURj;. 8>
wherein the said C. D. has made default; and have
you then and there the nanjes of the jurors aforesaid,
together with this writ,
5. Summons
against a juror for failing to attend court. (Se-s
revised code of
1827, p.
253, sec.
10.)
We
command you to summons A. B., if to be found
|
in your county, personally to be and appear before the
circuit
court of said coutity, on the first day of the
next term thereof, to be commenced and holden at the
court house in
,
on the Monday in the mo.jth
of
next, to show cause, if any he has, why he should
not be fined, for his contempt to the said court, for fail-
ing
to attend as a petit juror, (or grand juror, as the
case may be,) at the late term thereof, althoug-i it
appears that he was lawfully summoned for that pur-
poser, and have you thesj and there this writ, and make
return
thereon, in what manner you execute the same.
6. Form of a special verdict.
State of Illinois, > ,
/ set
county and circuit,y
*
term, A. D.
A.
B. plaintitr, i
vs. >
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 tlie facts fbu'id by
tiie jury, in a concise man-ier,
ard then proceed:) But whether or not, upon the wliole
matter aforesaid, by the jupors aforesaid, in form afore-
said found, the said C. D. is guilty of the trespass and
ejectment aforesaid, tfie jurors aforesaid are altogether
igr.orant; and ther'eupo
>
th*?y pray the advice of the
gaid court, now sitting, &:c. and if upoa the whole
H
86 FORMS OF 'BH2
matter it shall appear to the said court, that the said G;
D. i? guilty of the trespass and ejeclmerit aforc.-.iid,
then the jurors aforesaid, upon their oaths aforesaid,
say that the said C. D. is guilty thereof in manner and
form, as the said A. B. hath thereof complained agairst
him; and in that case they assess tlie daniages of the
said A. B., on occasion of tlie trespass and ejectment
aforesaid, to dollars. But, if upon the wliole mat-
ter aforesaid, it shall seem to the court, that the said
C.
D. is not guilty of the trespass and ejectment afore-
said, then the jurors aforesaid, upon their oaths afore-
said, say that the said C. D. is not guilty thereof in
manner and form as the said A. B. hath in his said plead-
ings alleged against him.
21. J\''e Exeat Respublica.'^ (See revised code
of
1827,
p.
304.)
1. Form of the writ of ne exeat respublica.
To the sheriff of said county, g^reeting:
Wliereas, it has heen represented to the judsje of the
circuit court, in, and for the county aforesaid, on the
part ft>f A. B.
complainant, in a petition exhihitr-d hy
him, a2:ainst C. D. defendant; that the said
C. D. de-
sig
>s njicklv to leave this state, as h>^ the aihdavit of
the
said
A. B. in that hehalf appears; which tends to
thf^
(r-
jat prejudice and damacê of the said A. B., for
cau-ôs in i)is said petition stated and set forth: There-
fore, in order to prevent this injustice, we command
yon. that you do
without delay, summon the said C. D.,
if he shall be found in your county, personally to be
*This writ issues on a petition to the judg-e of tlie circuit
court, in the nature of a bill in equity, accompanied
!iy
an af-
fidavit of tno truth of the allojrations therein contained; and is
granted under the statutes of Illinois, as well in cases where
the deiit or demand is not actwally due, but exists fairly and
bona fide in expectancy at the tinie of making application, aa
in cas';s}vhere the demand is die; norisit necessary, (I. at the
applimnl should show tlat lis demand is of onrely ar equita-
ble character, which, without our statute would in all cases be.
necessary.
CiKCUIT coyRT* 87
nnd appear before our said circuit court, on the first
dyy of the next term thereof, to heholden at the court
house in
. ,
oh the Monday in the mouth of
next,
to
answer to the said petition exhibited against
him by the said A. B., as aforesaid: And alsj, that you
do, at the same time, cause him the said C, D. to make
aiid execute a bond with good and sufficient security,
payable to the said A. B., in thepeiml sum of dol-
lars, (the sum fixed by the judge,) lawful money of
the United States; conditioned that he vtHI not depart
the said state, without leave of the said court, and that
he will render himself in execution, to answer any
judgment or decree, which the said court may render
agaiiist him in the premises; and in defiiult of h\s giv-
ing such bond and s^^curity, then you are to commit hiin
to the common jail of your county, there to be kept in
safe custody, until he shall do so, of his own accord;
and when you shall have taken such security, you are
forthwith to make aiid return a certificate thereof, to
the said circuit court, distirclly andplainly, under your
hand and seal, together with this writ.
[The clerk should also endorse on tlê writ, in what penalty
bond and security is requived of the defendant.]
2. Fcrin of the bond to be given by the complainant to the de-
fendant, on obtaining the above writ. (See revised code of
1827, p.
305, sec. 3 and
5.)
(Perialty, the sum fixed by the court.)
whereas, the above bound A. B., has obtained an or-
der from the judge of the circuit court of said county,
for the issuing of the people's writ of ne exeat respub-
lica; and wl^.oreas, the said writ is about to be issued
from the clerk's olhce of the said court, commanding
the sheriff of the said county to summoi' him the above
named C. D., personally to be and appear before the
said circuit court, on the first day of the next term
thereof, to be holden at the court liouse in ,on the
Mondav in (he mo!>th of next, to answer the
petition exhibited against him, by the said A.
B.,
irj
S3
FORMS OP TllE
that
tcl nlf; and also to oblige the said C. D. to îve
'
boi.d,
will) good and suflicient st'cuiit>, payable
to the
said A. B., in
llie penal sum of dcllars, l.awlul
mo-
ney
oi'
the United Stales, condKioicd that he will not
depart
this state, without leave of the said court,
and
thrit he will render himself in execution to answ er any
judument
or decree,
which the said court maj render
agai: st
liini in the premises; and iurther reruiriig
the
said
sherit],
in dvlault of his giving such bond and se-
curity,
to
commil him to the common jail of ??.id coun-
ty,
until he
shall do so, of liis own accord:
Kow^,
if
the
said A. B.
shall well and truly prosecute iiis said
petition
with
effect, and doth reimburse to the said
C.
D.,
all
tuch
damages and costs, as he the said
C. D.
shall
wrongfully
sustain by occasion of the said writ;
then,
&c.
3.
Form
of the
bor.d, to be given to the sheriff by the defend-
ant, on the service of the writ.
(Penalty
the sum
endorsed on the w^ril.)
The
condition of
the above obligation is such, that
whereas,
the
above
named A. B. has obtained from the
ch^rk's
office of
the
circuit court of said county,
the
people's
writ of
nc exeat respubiica, directed to the
hherifT
of
said
county,
and commarding him to sum-
mon
the
above
bound C. D., personally to be and ap-
pear
before
the said circuit court, on the first day
of
ihc
next
term
thereof, to be holden at the court house
in
,on
the
Monday in the month of next,
to
answer
the
petition
exhibited against him, by
the
said A.
B.,
in
that l}ehalf; ai d also to oblige him th*?
said C.
D.
to
give bond with good and sufikient secu-
riiN,
payable
to
the said A. B.,
in the aboie penalty,
co[
ditioi ed
that he will not depart this state, witl
out
leave
of
the
said
court, and th.athe will render hinsseif
in
execution,
to
answer any judgmeiit or decree, which
the
said
court
may render against him in the premises;
and
further
requirii'g
ti.e said sherifT, in default of his
giving
such
bond and
security, to commit him to the
GmCUIT COURff.
8^
common jail of said cou.l}, until be sliall do so of his
OH n accord: VViticli said writ has becii duly served on
the said CD.,
by R. S., sheriff of said county, vAiO
Ihercuporj tendered the above, bound L. M., as his se-
curity, in cornphance with the requisitior. of said writ;
wivlchsaid security is approved by the said sheriff, ai.d
the body of the said C. D. released from all danger of
arrest: Now, if the
said C. D. shall not depart fronn
the said state, without leave of the said court, and doth
render himself in execution to answer any judsrmenl or
decree, which the said court may render against him
in ih.c premises, in favor of the said A. B., then, &r.
I do hereby certify, that the above bond
was taken by me, and entered into and ac-
knowledged, by the said C. D. and L. M.,
this day of
,
A. D.
,
as wit-
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, greetir^g:
Whereas, in the case of C. D. against E, F., former-
ly removed from before you, into the circuit court of
said county, by appeal; (or, "by virtue of a writ of
certiorari," as the case may be;) such proceedings have
been had thereon, in the said circuit court, as that the
said judgment and proceedings before you, rem.ain in
full force and life, in all respects, as they were previous
to the taking of the said appeal, (or, "previous to tlic
issuing of the said writ of certiorari," -as the case may
be,) as aforesaid; and inasmuch as execution of the
said judgment remains to be done in conformity with
law: We, therefore, command you, that you do, with-
out further delayer restraint, proceed in
the ^âid suit
before you, in all respects, as though the said appeal
had never been taken, (or, "as though the writ of ccr-
H2
^0 FORMS OF THE
tiorari had never issued.") And for so doing this shall
be }'our sufficient warrant.
To the sherilF of said county to execute.
Q2. Partition
of
Lands*
1. Form of a summons against joint tenants, coparceners, or
tenants in common, on a petition for the
division of land.
(See revised code of
1827, p. 185,
sec.
13,
and
p.
180, sec.
15.)
Whereas, A. B. has tiled in the clerk's otfice of our
circuit court, in, and for said county, his petition in
writing, for the partition of a certain tract, (or tracts,
or lots, as the case may be,) of land, situate in said
county, and designated and bounded as follows; (here
insert a description of the. lands as in the petition;)
wliich said land is represented by the said A. B., in,
and by his said petition, as belonging to him the said A.
B.,
ar.d C. D., E. F". and G. H., as joint tenants
;
(copar-
ceiicrs, or tenants in conmon, as the case maybe.) and
tliat the same remains undivided, so that the respective
shares of each, cannot be known and distinguished
from each other: We, therefore, command you, that
you summon the said C. D., E. F. and G. H., if they
shall be found in your county, personally to be and ap-
pear before 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 they have, why the said lands
sliould not
l)e divided
by
metes and bounds, according
to the prayer of the said petition, and in conformity
with, the stature in such cases made and provided.
..And have you then and there this writ, and make re-
turn thereon in what manner you shall execute the
same=
1
CIRCUIT COURT.
91
2. Form
of the report of the com rx)issioners appointed to
make
.partition
of laud, to the circuit court, (bee revised code
of 1827, p.
186,
sec.
13.)
To
the Hon. T. W. S., judge of the circuit
court, in,
and lor tlie
county of and state o*f lllii-'oi:?.
We, the undersigned, conimissioners, having
been
appoitjted
by an order of the âid circuit
court,
to
make
partition of the lands and terjcnaents, nier?tioned
and described in the said order of court, between
A.
B., C D. and E. F. ; do, in* conforrriity with laîi
a^d
.the said order of court, make the iollowiijg
report:
That, having been first duly swor-n* according
lo law,
fiiirly arid impartially to make partitioii of said
lands,
between the said parties, if the same could be
done
consistently with the interest of the estate;
we after-
wards, to wjit, on the day of
,
A. D. ,
went
upon the laWds and tenements aforesaid, and
after liav-
ing carefully examined the quality, and ascertained
the
quantity by the admeasurement thereof, we
proceeded
to ascertain by metes and hounds, 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
lards,
and which is designated and bounded as
ibllows,
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
and parcel of the same lands, and which is
designated
and bounded as follows, to wit: (here
describe
the
share of C. D.:) and thirdly and lastly, we
assio-ned
and set apart to the said E. F., the
residue
of said
lands, which is designated and bounded as
follows,
to
wit: (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 of the peace, fairly and impartially
to
make
partition of the lands, if the same can be done
consistently
with the interest of the estate. (See revised code of
1827
p
186, sec.
13.)
'
92 FORMS OF TliE
o[
>vhich said tracts or parcels of Jand, as partitioned
aiid
assigned to the fcatd A. B., C\ D.
and ii., t',,
jy
metes and bounds as aforesaid, will more fiillv a. id ex-
plicitly appear, by reference lo the annexed plat and
ex];iaaatioi)s, wiiich is intended to be made a part' of
thjs r-;port; all w.'iicii is respectiully suhmiiled, Vvit-
qess-our
hands and seals, this day of ,
A. D.
G. rf. i
J. K.> Commissioners*
L.î.S
23. Replevin,
["The Form of the aCidavit to
be made hy the plaintiff pre-
vious to the issui.":g of tue writ, is here oiTntteU, as ein^ the
business of the attorney to dra\r it, &c. (See revised code of
1827, p.
349,
sec.
1.)
1.
Form of the summons, or writ of replevin. (See revised
code 01
1827, p. 349,
sec.
2.)
If A. B., of the said county, shall give you bond,
with good and sufficient security, to prosecute his suit
to <-ifect, and without delay, a-^^d to make return of the
foiloîiig described goods and chattels, the property
of him ihe said A. B.,to wit; (here describe the prop-
erty to be replevied;) which C. D., also of said coun-
ty, took and uiijustly detains,
agai.ist
gages and ph dg-
esj as he saith, if return thereof shall be awarded ; and
furtiier to save and keep you harmless, in replevying
said propert}
;
then you are to cause the said goods
and chattels to he replevied and delivered to the said
A B., without delay; and to summon the said C D.
porso-uilly to he and appear before our circuit court,
ir, an.d for said cour.ty, on the first day of the next
term thereof, to be holden at the court house in
,
on the Monday in the mon.lh of next, to answer
to the plaiiit of the said A. B., for taking and unjustly
detaini:;g the goods atid chattels aforesaid. And make
due return of the bond to l>e taken from the said plain-
tilT as aforesaid, to the clerk of our said court, together
GlRtUIT eOURTw
93
with tliis writ, with an endorsement
thereon, as to the
manner in whiehôu maj execute the same.
2. Form of the replevin bond to be given by the
plaintiff to
the sheriff. (See revised code of
1827, p. 349, sec.
1.)
(Penahy, double the value of the property to be re-
plevied.)
The condition of the above obhgation is such, that
whereas, the above bound A. B. has commenced nn
action of replevin against
C. D., in tiie circuit court of
said county, for the taking and unjustly detaining of
the following goods and chattels, to wit; (here describe
the property to be replevied;) the property of 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
,
month of next, and shall then and there prosecute
his said suit to effect, and without delay, a?>d d<)th
make a return ol the said property to the said C. D.,
if a return thereof shall he awarded by the said circuit
court, and siiall save a?'.d keep harmless the said sher-
iff,
in replevying said property: then, &c.
Taken, &c. R. S>
Sheriff"
S/c,
3. Form of the writ of retorno LaHendo,
with a fieri facias
for the damages a)id costs.
Whereas, C. D. viâs summoned to appear before our
circuit court of said county, to answer A. B. of a plea,
wherefore the said C. D., on the da\ of .
, A.
D.
,
at the county and circuit aforesaid, tociik
^he
goods and chattels of him the said A. B., to wit; (here
descriNo the property as in the plaii^t or dieclnraiibr.,)
and unjustly detained the same against gag^ s and
pledges, until, &:c. as it was said; whereupo;. such
proceedings were had thereon,
in our said circuit cotirt,
as t!iat the right of the^said property was adjudoêd
to
be in the said
C. D.ând a return thereof
awarded to
34 EORMS OF THF.
him; togjether with the sum of dollars for his dam-
ages on occasion of the prerplses, and dollars for
his costs and charges., about his defence in that behalf
expended, as appears to us of record: We, therefore,
oommaiid vou, that you do, without deley. cause the
go'jds a id chattels aforesaid, to be returned to the said
C. D., to hold to him irrepleviseahle,in form aforesaid:
W;; also comma d you, tnat of the goods and chattels,
lauds and te icments 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 vou have that
m:)Mey in ninety days from t!ie date hereof, to render
to tiic said C. D., forhis damages, charges and costs
aforesaid. And hereof make return witlnn ninety days
from the date hereof, and endorse thereon the manner
in which you shall execute the same.
4. Form of the return to the above writ, when the property
is eloigned or removed, so that it cannot be found by the
sheriff.
4
"
Before the coming of this writ to me, the goods
and chattels within mcT^tioned, were eloigned and re-
movi^d by the within named A. B., to places to me un-
known; so that I cannot cause the same to be returred
to
the within named C. D., as I am within command-
ed."
^
R. S.
Sheriffs
S^rc,
24. Replevy Bonds,
^. Form of a replevy or forthcoming bond, (See revised code
of
1829, p. 90,
sec.
17.)
Know all men, &,c. unto A. B.,
sheriff of said coun-
ty, &c. (penalty,
dou!)le the sum replevied.)
The conditio 1 of the above obligation is su';h, that
v'hereas, a judgmej^t was lately rendered in the circuit
court of said county, in favor of G. H, and
against the
above bound C. D., for the sum of dollars debt,
(or dnma^j^'is, or as the ca^ê i-^,) a^sd dollars costs; on
which said judgment, an execution issued out of the
cimcuiT couiiT. 9d
clerk's office of the
said court, numbered ,and
bearing date the
day of
,
A. D.
;
which
said executipn
came to the hands of the above named
sheriif, 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 vvii; (hen des-
cribee the property levied
upon;) aiid the said C. D. be-
ing desirous of retaining the same in his possessioi', un-
til
the day of sale, according to the provisior-s of the
statute ii' such case made ar.d provided; ar5.d baving
tendered
the above named E. F. as his security for the
delivery thereof, on the said day of sale, who i.^^ approv-
ed of bv the said sheriff, a: d
the said property, there-
upon
re-delivered to the said C. D. Now, if the said
defe^t.daj
t C. D., shall ';ave, or cause the said property
to be forthcoming, and shall deliver, or cause the srme
to be delivrred to the said slieriff, at ,in the efrld
ecu ty, on the day of ,A.D.
;
the day
and place appointed by the said sheriff, for the sale
thereof, \n pursuance of law
;
and sliall not in the nican
time, sell, dispose of, or in any wise i? jure, or destroy
the said property, or aiiv part thereof, whereby the
same may be diminished ik value, then, &c.
A. B.
Sheriff.
cV-c,
. Form of the replevy bond, to be given by a person intend-
ing: to move for the quaslial of a fee hill, on account of im-
pi'oper charges. (See revised code of
1827, p. 217,
sec.*7.)
Know ^11 men, &c. unto A. B. (the person or officer
to whom the fee bill is due,) (penalty double the amount
of
the fee bill.)
The condition of the above obligation is feucb, that
whereas, a certain fee bill issued out of the clerk's of-
fice of the circuit court, in, a?jd for the cou!;tr of
,
and state aforesaid, in favor of the said A. B., and
against the said
C. D., for the sum of dollars; which
said fee bill came to the hatids of R. S., si erifT of the
said cfiur ty of
,
on the day of
,
A. D.
,
to be levied of the goods and chattels of the said C
dG rORMS GF THE
D., if payment thereof should not he made to the
said
sheriff; and the s:iid
C. D. having complained lo
the
said sheriff, that the said fee bill contains charges for
services not actually rendered by the said A. B., (or that
the same is overcharged,) and that he intends to move
to quash the said fee bill at the next term of the circuit
couit of the said county of
;
and thereupon offr-red
to replevy the same by giving bond and security accor-
di'ig to law; and having tendered E. F., as his securi-
ty, wlio is approved by the said sheriff: Now, if the
said C. D. shall pay, or cause to be paid the amount of
the said fee l)il], at the next ensuing term of the said
last mentioned circuit court, to be holden at the court
house in
,
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 bill, together with this bond, or make other order
to
the contrary at the said term; then, &c.
R. S.
Sheriff'^
(^r.
3v
Form of a supersedeas, to be issued to the justice of the
peace and constable, on the execution of an appeal bond.
(See revised code of 1B27,
p.
268, sec.
32.)
To A. B., a justice of the peace, and C.
D-^
a co?jstahle, in, and for said county,
greeting:
Whereas, in a cerioi'i suit hilely depending before
you, uji' yaid A. B., wherein E, F. is plai.^tiff, and G.
H.
defendant, judgment has been rendered
in favor of
the said plaintiff, for tb.e sum of di/llars debt, (or
damjges,) a.jd dollars costs, as by tlie transcript of
the said jqdgmerit, from the docket of the said justice,
filed in the clerk's office of o'lr circuit court, in, and for
the said countv, by the said G. H.
in tins bel:alf apr
pe'irs; a'^d wijereas,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 dvie prosecution thenôf,
accordi
>!i
to law; ivhich said bond is tiled as of record
in the s?Jd rlerk's ofi^C": We, therefore, command and
enjbin you the said A. B. and C. D., so being justice
aiRimiT COURT.
. %7
and constable as aforesfiid, tliat you do entirely super-
sede, and decîst fronn proceedi'ig any furtiier in said
suit; and that you do forthwith suspen.d ail proceedi igs
in ivlation 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 sheritr of said county to execute.
25. Scire Facias,
\.
Form of a scire facias to revive a judgment after a year
and a day has elapsed, without an execution having beeo
taken out within tiiat time.
Whereas, A. B. lately, that is to say, at the
term of our circuit court, in, and for said county, in the
year of our Lord one thousand, eight hundred and
,
recovered a judgment against C. 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 for his costs, in that
behalf expended; whereof iie the said C. D. is con-
victed, as by the records and proceedings in our said
circuit court appears; and forasmuch as the said A. B.
has complained, that he hatii not recovered any satis-
faction tor his said dan-ages and costs: We,
therefore,
command you, to summon the said C. D., if he shall
be
found iij your county, personally to be and appear
be-
fore our said circuit court, at the next term
thereof,
to
be nolden at tiie court house in , on the
Mon-
day in the month of next, to show
cause,
if any
he
has, why execution sliould not be made of the
damages
and costs aforesaid. And have you then and there
this writ, and make return thereon, in what manner
you execute the same.
[Here, we would observe, that the virit of scire facias, is a
judicial writ, and varies according to the peculiar oircum
staace of each casein which it iss.ies
;
and must defer publish-
ing
more than are already in type.]
J
98 TdRMs #r
-mM
26. Witnesses' Fees,
1, Form of the affidavit, by the witness, of his attendance,
&c.
(See revised code of 1827'p.
215sec.
6.)
E. F., being first duly sworn accordiog to law, depos-
es aed says, that he attended days, as a witness, in
the suit between A. B.
plaiHtiff, and C. D. defendant,
in 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, E. F.
Form of the affidavit, when a vritness resides in a distant coun-
ty-
E. F., being first duly sworn according to law,
depos-
es and says, that hs attended days, as a witness
in
the suit between A. B.
plaintiff, and C, D. defendant,
in a plea of trespass on the case, ror 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 in the county of
,
distant
miles
from the court bouse in
,
in the said county of
;
and that Ue attended from the said county of
,
as
aforesaid, at the instance of the said plaintiff. E. F.
27. Special Writs and Executions,.
}.
Form of a capias ad respondendum, in an action of debt.*
We
command you, that you take C. D., if he shall
be
found in your county, and him safely keep, so that
*In issuing
an alias capias ad respondendum ;
after the
words "we command you," in the commencement of the writ,
insert the
words, "as w have heretofore commanded you
;"
and iu a plurie? writ, say, "as we have heretofore oftentimes
commanded
you. The like addition will also be proper in is-
suing RP alias or pluries, after any of the ryrits or executions
arrao'red under this head; that
heinpr all the diOerence he-
twceu tlie orig;inal process, and tiiat subsciquenlly issued,
when tlie latter writ or execution is of the same descriptioti
of the former
CIRCUIT GIjRU'. ^9
5^011 may
have his body before the circuit court of said
tou'itv, 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,
that he
render to him dollars, which he owes io^
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 you
execute the same.
2. Form of a capias ad
respondendum in criminal cases.
(Here go on as in the previous form, until the charge,
and then say,)
"
To answer to the people of the state
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 agaiFist him, by the grand jury of said county,
in that behalf appears. And have you then, &:c.
3. Form of the endorsement by the clerk on the above writ.
"It is ordered by the eourt, that the within named
defciidantC. D.,be held to bail in the sum of dol-
lars."
4. Form of an escape warrant.
To all sheriffs, coroners, constables
and
bailifTs.in the said state, greeting:
Whereas, complaint has been made to us, that
C. D.,
who was lately arrested by the sheriff of said county,
*If 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 and 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 tliat
his
life was despaired of, and other outrages on him committed,
to
the great dama2:e," &;c.; if in an action of quare clausitm
fre-
o;it, say, "in a plea, why with force and arms, the close of
him
the said A. B., ia said county, he broke and entered, and
the
corn and grass, there lately
growing-, trod down and
destroy-
ed, and other outrages on him
committed, to the damage,"
&c!
100 FORMS OF THE
V
by virtue of a writ of capias ad respordendum,
issued
out of the clerk's office of the circuit court of said
couitt} , on a charge of his haviiig committed the crime
of (here describe the offei.ce;) did, on tlie daj of
,
A. D.
,
forcibly escape from the custody of
the said sheriff, after he the said C. D. had bcei] law-
fully arrested by virtue of the said capias as aforesaid,
and is nov,' going at large in said state: We, therefore,
command you, aj;d 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 safely 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.*
We
command
you, that 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.
To the
sheriff of said county,
greeting:
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 court house
*TVe
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
variatioiis, in the preceding forms,
under
the
head of
"
capias
ad respondendum," in civil cases.
mcUlT COURT. lOi
m
,
next, to'
testily, aiul the truth to speak, in a certain
action now
depending and undetermined
in the said court, wherein
A. D. is piaintifT, and C. D.
defendant, in a plea of tress-
pass on th*^ case, for shmder,
(or as the action is) on the
part of tlse said plaintiff: (or defendant, as the case may
be:) and this he shall in no wise omit, under the penal
iy of what the law directs.
And have, Sic.
7. Form of a subpoena duces tecum.
(Here proceed, as in tiie case of a subpoena for a wit-
ness, aiid say.) "arid also require tlte said E. F. to bring
with him, aud produce, at the time and place aforesaid,
a ceriaia deed, or iiistrument of writing, hearing date,
&c. (here describe tiie paper to be produced:) then and
there to testify, arid the truth to speak, concerning all
ar>d singular those tbir.gs, of which he may have know-
ledge, or the said i'jstrumeot of writing doth import, of,
and concerning a certain cause, now depending, and
Uf-determined in the said court, whereia A. B. is plaint-
iif, and C. D. defendant, in a plea of debt, for dol-
laes, and dollars damages, on the part of the said
defendant: and this he shall," &c.
G. Form of a writ of capias ad satisfaciendum.
To the sherifTof said county, greeting:
We comm;>Dd you, that you take C. D.,if he shall be
found in your county, and him safely keep, so that you
may have liis body before the circuit court of said coun-
ty, on the first day of the next term thereof, to be hold-
en at the court house in
,
month of next, to satisfy A. B. for dollajs debt,
(or damages,) which the said A. B.
hath lately recover-
ed ae;ainst him ib our said court, and also dollars,
which were at th same time adjudged to him for his
damages which he hath sustained, as well by occasion
of the detention of said debt, as for his costs and charg-
es, i-1 that behalf expe-ided; wb'^reof the said C. D. is
Qonvicted, as
^ppears to us of record. And have,, &Ci
J 2
10'2
PdRMS dp TH
9. Form of a fieri facias
execution.
To the sheriif of said county, greeting:
We command you, that of the goods and ch/ittels,
lands and tenements of C. D.,
wliich shall he found in
your county, you cause to be noade the sum of dol-
lars, which A. B. hath lately in the circuit court ofsaid
county, recovered against him for his damages, by rca-
sor. of certain trespasses by him the said C. D. to the
said A. B. lately done; and also the further sum of
dollars, which were adjudged to him for his costs and
charges in that behalfexpended, whereof the said C. D.
is convicted; as appears to us of record: and have that
mor^.ey ready in ninety days from the date hereof, to ren-
der to the said A. B. for his damages and costs afore-
said. Hereof 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.
10. Fieri facias against an administrator, de bonis testatoris.
We command you, that of the goods and chattels of
CD., deceased, in the hands of E. F. his administrator,
to be administered, and wh.ich may be found in your
county, you cause to be made, a certain debt of dol-
lars,
Wiiich A, B. lately in tJie circuit court of said
county, recovered against the said E. F. as administrat-
or as aforesaid; and also-the further sum of dollars,
which was adjudged to the said A. B. for his costs and
charges in that behalf expended, whereofthe said E. F.
is
convicted, as appears to us of record: and have }ou
that money ready in ninety days from the date hereof, to
rc' der to the said A. B. for his debt and costs aforesaid.
Plereof fail not, and make return of this writ within
the said space of ninety days, with an endorsement
tliereon, as to the manner in which yoa may execute
the same.
GIRCUiT COURT.
103
11. Fieri facias against principal ahd bail, on a recognizance,
for fine and costs. (See revised code of ]o27
[>. 164, sec.

181.)
To the sheriftôf said county, greeting:
We
command you, tliat oi the goods and ciialteis,
lands and tenements of A. B. as principal, aid C. J>,
his bail, which may be found in your county, you cause
to be made the sum of dollars, the amount ol a fiiiC
lately assessed against the said A. B. in the circuit
court of said county, at the suit of the people of said
state ; and also the further sum of dollars, which was
adjudged to the said plaintilis, for their costs and cl arg-
cs in that behalf expended: and have that money rea-
dy in ninety days from the date iiereof, to render to the
said people, and such other persons as may be entitled
thereto, for their fine and costs aforesaid ; according to
the form and effect of a certain recognizance, by them
the said A, B. and C. D. acknowledged and entered in-
to, in our said circuit court, on tl.e day of A. D.
,
as by the records and proceedings of cur said
court
in that behalf appears, and with the coodilioiis of which
said recognizaiice 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 slieriffof said county,
greeting-:
We commaf-d you, that of the goods and
chattels,
lands and tefsemerits, of A. B. in your county, and also
of all such real and personal estate as belonged
to him,
01) 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-
ty, at the suit
of the people of said state, and also
the
further sum of dollars, which was adjudged to the
s. id plaitjtiffs, for their costs and charges in that
behalf
expended; and imve that mojiey ready in nirjetv
days
from the date hereof, to render to the said people,
and
104 FQRAIS OF THE
such other persons as may be
entilled
thereto, for theli'
fiie and costs afoioaaid: it appearing
to us that tke said
A. B. was arrested on the said day of
,
A. D.
,
on an indictment preferred against him oii the day
of
,
A. D.
,
for the crime of
,
whereof he was
convicted, and fined as aforesaid, as
appears to us of re-
cord. Hereof fail not, and make retur/i of this writ
within (he said gpace of ninety days, and endorse there-
on, the manner in which you may execute the same.
13. Form of a capias pro fine.
To (he sherifTof said coutity, greeting:
We
command you, that you take A. B., if he shall be
foui;d in your county, and Inm safeh
keep, so that ycu
may have his body before tlie circuit court of said coun-
ty, on the iirst day of the fiext term tt>ereof, to be hold-
en at (he court house in
,
on the Mof.day in the
mor:th of next, to satisfy the
people of the !=aid stale
for dollars, it being the amount oi' a fiiie latrly as-
sessed against him in our said court, and also tlê fur-
tlicr sum of dollars, wliich was at the same time ad-
judged to the said plaintiffs, for their costs and charges
in that behalf expejided, whereof the said A. B.
is con-
viried, as appears to us of record. And have you then
tne;e this writ, and mai:e return thereon, in what man-
ner
you execute the same,
14. Form of a fieri facias for costs.
To the slicriff of said county, greetircr:
We
command you, that of the goods and cliattc Is,
lands and tenements of A. B.,in your county, you cause
to be made the sum of
dollars, which to C. D. was
lately
adjudged in the circuit court of said courjty, for
his
costs and charges about his defence in
a certain, acti-
on
of against him, at tlie suit of the said A. B.
i'i our
said court sastained;
whereof the said A, B. is rorvict-
ed, as appears to us of record : and 'â'/e that money
n-a-
dj' in ninety days from the date hereof, to rencier
to the
CIRCUIT COURT.
105
said C. D.
forhis costs and charges aforesaid. Hereof
fail not, and make return of ttiis writ in the said space
of ninety days, with aa endorsennent thereon, as to the
manner in which you execute the same.
15. Form of a venditioni exponas execution,
To the sheriiTof said county, greeting'.
Whereas, by our writ of lieri 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 followmg goods and chat-
tels of the said C. D., to wit; (here describe the
pro-
perty levied upon;) which said goods arid chattels
re-
niained in your hands ansold, for ww\i of buyers:
We,
therefore, command you, that you sell, or cause to be
sold, 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 fail 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.
'
To the sheriff of said county,
greeting:
Whereas, by our writ ofiieri facias, wê lately
com-
manded you, that of the goods and chattels, kirds
arid
tenements of C. D., in your county, you should
cause
to be made the sum of dollars damages, and
dollars costs, which A. B. lately In the circuit court
of
said couDiy, recovered agjiinst him, as by the
records
and proceedings of the said court in that behalf, ap-
l^fi EORMS OF THE
pears: and you having made return on that writ,
that
you had taken by
virtue thereof, the following goods
and chattels of the said C. D., to wit; (here describe
the property levied upon;) which are insufficient for the
discharge and satisfactioH of the damages and costs a-
foresaid; and which said goods and chattels remained
in your hands unsold, for want of buyers: We, therefore,
aomma'id you, that you expose to sale the goods and
chattels of the said C. D., by you in form aforesaid tak-
en, for the best price that can be obtained lor the same;
and also that you cause to be made the residue of the
said damagas and costs, of other goods and chattels,
laiids and tenements of the said C. D., in your county;
and have those sums of money ready in lainety 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
an endorsement thereon, as to the mai^nerin which you
execute the same.
17. Form of the writ of exeoiition on ajiidf^ment of conviction,
in a case of capital ptmishment*
Whereas, A. B.
hath lately been indicted of the crime
of
,
by him done and committed, in the circuit court
of ? lid county, and hath been arraigned, tried and con-*
victed thereof, in due form of law; and whereas, judg-
ment hath been given in our said court, that the said A.
B. ^!i:dl be lianged bv
the neck Ui^til he is dead ; arid that
execution of the said judgment be made and done, upon
the said A. B.,
on Wêdnesday, the day of
, A. D.
,
betwesn the hours of in the morning, and
in the evening of the same day, at some convenient place
in the vicinity of
,
in said county, in the usual man-
ner of inflicting punishment in such cases; and where-
as, execution of the said sentence re?riaincth yet to be
done: We, therefore, command you, that you take, and
convey the body of the said A. B. in safe custody, to
the place of execution, on the said day, between the
hours
aforesaid, and that you then and there, cause ex-
ecution to be done upon the said A, B. in your custody
so beii>g, in all
tilings according to the said judgment.
And this you
shall in no wise omit at your peril; and
make return of
tliis writ, with an endorsement thereon^
as to the
18. Attaehraent against a witness, for a contempt.
We command you, to attach A. B., if he shall be
fouiid in your county, and him safely keep, so that you
may
have his body before the circuit court fsaid coun-
ty, on the lirst day of the next term thereof, to be hold-
en at the court house in
,
month of next, to testify, and the truth to speak, in
a certain cause now depending and undetermir.c d in
the said court, wherein C. D. is plaintiff and E. F. de-
fendant, ia a plea of trespass on the case, on promises,
on the part of the said defeodant; and also to answer
for bis contempt to the said court, for having failed t
attsnd as a witness in the said suit, at the late terna
thereof, when lawfully summoned at the instaiice of t'le
said E. F. for that purpose.
And
have you then and
there this writ, and make
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-
md court of said county, of the crime of
,
by him
done ai<d committed, and hath been arraigned, tried
and convicted thereof, in due form of law, and where-
as, judgment hath been giren thereupon in our said cir-
cuit court, that the said A. B. should make his
tine to
the people of said state, in the sum of dollars, and
also pay the costs of the said prosecution against him,
*lt is proper that every mittimus should have expressed iip^
on its face, the cause for which the commitment is made.
108 FORMS OP THE
which amount to the furth( r sum of dollars;
and
also that he the said A. B. buould stand committed,
uittil
the âid hne and cos's .-hould be paidasaforosaid; a.id
whereas, execution of tlic judgment remaideth >et to
be done: We, therefore, command you to take, aiid
imprison the said A. B. in the commonjail of said coun-
ty, and him safely kt;epin your power and cu.^tody, un-
til ê shall pay the said line and costs, of his oau
ac-
cord, or sliall be thence discharged by (due course of
Jaw.
28, Sher
iff
''s Returns,
1. Return of cepi corpus, to a writ of capias ad respondeDdum.
I have taken the within named C. D., wliose body
I
have ready, at the day and place witni;! mentioned,
as
witiiia I am commanded. A. B.
Sheriff]
^'c.^'
2. Return of noa est inventus.
The within named C. D. is not found in my county.
3. Return of tiie levy of a writ of attachment.
By virtue of the
wit'an writ to me directed, I have
attached the foIlowi:->g descrihc^d goods and chattels, of
the ;vithin named C. D., to wit; (here describe the
property attached
;)
which I liave safe in my custody,
as by the said writ I am comma-jdc^d : J
have also sum-
moned the said E. F., as garnishee, to appear and an-
swer, on the day, and at the place aforesaid, as by the
sa'ne writ I was also directed.
*Each of the returns classed under this bead, should reg:u-
iarly ê signed
hj
the sheriff, or ouicer execiitiuf^the writ, who
sijiouid also slate at the end of his signature the name of the
county aiid state, of which he is sherifi , -Vc. The most usual
way is
N.
ifiscrt the initials only; as v. a-m for instance, the
ofBor i tl,.- sneriiT of Randolph county, it will be sutlicient,
for him to sign his name thus :A. B. sberiif, H, C. 111.
QIRCtJIT court:.
109
4.
Return of scire feci, to a writ of scire facias.
By
virtue of this writ to me directed, 1 have sum-
moned the
within named* C. D., to appear at the day
and place within mentioned, to show, &c. as by the
said writ he is required, and as within I am commanded.
5. Scire feci as to one, and nihil as to the other.
By virtue of this writ to me directed, t have sum-
moned the within named C. D., to appear at the day
and place within mentioned, to show, &lc. as by the
said writ he is required, and as 1 am within command-
ed; bat the within named E. F., is not found in my
coHnty.
6. Return of a summons, or subpoena, when executed.
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 answer, &r. (or to tes-
tify, &c. 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.
By
virtue of this writ to me directed, I took and ar-
rested the within named C. D., according to the
exi-
gency f the said writ, and him safely kept in my cus-
tody, until G. H. and L. M., of said county, and divers
other persons to me unknown, on the dav 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
my
county, so that I cannot have his body, as within I
am
commanded.
8. Return of fieri feci.
By virtue of this writ to me directed, I have caused
to be made of the goods and chattels of the withia
iiamed C.
D., the debt, (or damages,) and costs within-
K
flO FORMS OF THE.
mentioned; which
1 have ready witlun the time
speci-
fied in. said writ, to render to llie 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 be 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.
Bv
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 sam 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 farther certify, that the
said C. D.
has not any other (joods 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.
n. Fieri feci, and that the sheriff has paid a part of the sum
levied, to tlie landlord for rent.
By
virtue of this writ 'O me directed, I have caused
to
1)0 made of the goods and chattels of the within
niêd C. D., to the
value of dollars; and I further
cer'ify, that I have paid to E. F.,
the landlord of the
premises on which the
said goods and chattels were ta-
ken, ihe sum of
dollari, for so much rent due to him
for
the said premises, for the term of months, com-
me'^tcing on the day of
,
A. D.
;
and -^nd-
inu
the
davof ,
A. D.
;
and the remainino;
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 named C. D.
hath no goods or chattels,
wiiich were of the within named E. F.,
at the time of
CmCUIT COURT*
111
his cleaili,inhis hands to be administered, In my coun-
ty, whereof I can cause to be made the debt and costs
within mentioned, or any part thereof, as within I am
commanded.
13. Return of nulla
bona testatoris, with the suggestion of a
devastavit by the administrator.
The within named C. D.
has no goods or chattels,
which were of the within named E. F., at the time of
his death, in his hards to be administered, in my coun-
ty; bat divers goods and chattels, which were of tiie
said E. F. at the time of his death, to the vahie of the
debt and costs within mentioned, after tlie death of the
said E. F., came to the hands of tise said C D. to He
admiiiistered; vvhicli said
^trôds
and chattels the ?aid
C. D. hath, before the coming of this nrit to me, wast-
ed, and converted to his own use, as I am informed.
14. Return of tlie sherifT, where goods are taken, and remain
in Lis iiacds unsold for want of buyers.
By virtue of the within writ to me directed, I have
taker, the following described goods aid chattels of ihe
said C. D., to wit; (here dc^criiie the property
levied
upon) wliich are of value sufficient to saiisfy the said A.
B. of his damages and costs within mentioned;
which
goods and chattels remai?^ in my hands unsold,
for want
of buyers; therefore I car'ijol have that money ready
withiathe time specified in said writ, to render to the
said
A. B. for his damages and costs aforesaid, as with-
in i am commanded.
Note.To attempt to give the form of a return in every
case where a slieriff may be called to act, v/ould be iinpossi-
ble, as the return niust conform to the circumstances of each
case, and the exigency of the writ; I have given as many, and
of as great a variety, as the limits which I have prescribed
to
mypelf in the present work, will admit, by a proper attention
to wliicli, an ollicer will scarcely be at a loss to make a form
tiiat will answer in any ordinary case, wherein it may become
Lis duty to make one. Great care should always be taken, i-c
make the return a true answer to the commands of the writ.
FORMS
OP
IN THE
COUNTY COMMISSIONERS'
COURT.
}. Form of an order to Jippoint an agent of the county com=
missioners' court, to build a bride-e, jailj &c.
Ordered, that A. B., C. D. and E. F.,.be appointed
agettts of the county of ,to coiKract for buildiug a
jail of the following description and dimensions, to wit:
(here insert the description.) Aiid thej the said A. B.,
C. D. and E. F., are hereby vested with full power aid
authority, on behalf of said county of
,
to enter in-
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-
ibr,
h,^.
Form of contract for building, &c.
This
memorandum of an agreement, between the
county
of
,
mad^ by A. B., C. D. and E. F., agents
on
behalf of ?aid county, of the first part, and M. P., of
the
second
part, witnesseth: 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, &c.;
and
shall deliver
the ?ame in a finished condition to the
cpuntv
commissioners' court of said county, on or be-
COUNTY commissioners'
COURT. 110'
fore the day of ,
A. D.
. The said
jail,
vviien completed, shall be of the following
descriplioa
and dimensions, to wit: '(here insert the description
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 and delivered in the manner above
men-
tioned, the said M. P. shall be entitled to
receive
of
the said county, the sum of dollars.
In tcstijTiony whereof, the said A. B., C. D. and E. F.,
agents on the part of said coutity, and the said
M. P.,
have hereunto set their hands and seals, this
day
of
,
in the jear of our Lord one thousand,
eight
hundred and
Advertisement of estrays.
r^
. / / SCI.
County 01 .
5
Taken up, by
,
living in the township of
,
in
said county, on the day of
,
A. D.
,
one
bay horse, years old, hands high, &c.
appraised
before me, by A. B. arid
C. D., at the sum of
dollars. Given under my hand and seal, this
day
of ,
A. D. . O. P. /. P. [L. S.]
A true copy from my stray book.
Attest, L. S. Clk, C. C. C. M,
C
Writ of ad quod damnum. (See revised code of 1827.
p.
297, sec. 1 and
2.)
State of I1L....X.., , .
.
'
>
set.
cou
inois, )
>unty,
5
To the sheritF of Srud 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 of
,
A. D.
,
as jurors, to e?iquire and ascertain tiie
dam-
ages which E. F. and others will sustain, bv reason
of a
mill and mill dam, about to be built on the said land, by
K2
il4
FORMS OP HOB
one A. B.
;
and also that jou make due return of the
inquisition of the said
jury, and of this writ.
Witness, L. S. Clk,
of
<^c.
Notice to the owner of the opposite land, (See revised code
of ia27,
p.
^97,
sec
1.)
To E. F. Take notice, that I will, on the day
of
,
A. D.
, ^Pplj
to the count} commis-
sioners' CQurt of county, for a writ of ad quod dam-
num, to enquire and
ascertain what damages you and
others may sustain,
by reason of a certain mill and
mill dam, which
1 am about to erect on the
cieek,
at, &c. (here describe the place.) A. B.
May
,
A. D.
Oath of the jury.(Rey. c. 1827.p.
298.)
You, and each of you, do solemnly swear, that you
will impartially and to the best of your skill and judg-
ment, view the lands in the writ of ad quod damnum de-
scribed, and the lands above and below the proposed
dam, aiid ascertain the damages which E- F. will sus-
tain, by reason of a mill dam about to be erected by A.
B.,
and that you will locate and set apart by metes and
bouTids, ?o much lands ar? you shall think necessary, not
exceeding three acres, for the purpose of erecting such
dam, having due regard, in such location, to the inter-
est of both parties; and shall appraise the same at its
true vaj|ê: also, that you will examine the lands of o-
ther persons, which may probably be overflowed by the
erection of such dam; and that you will enquire what
damage each other person may sustain thereby. So
help you God.
['['lie sheriff should reduce the oath to writing, and certify
and return it to court.]
Inquisition of the jury.
We,
of the jury, being sworn and charged by the she-
ritfof county, having met upon the laud in the writ
COUNTY
commissioners' COURT. 1 1-5
oi'ad quod damnum mentioned, and having
viewed the
land at tlie place proposed (or erecting taid
dam, ai-d a-
bove and below the same, are of opinion,
that tlie said
E. F.
will sustain damages to the amount of dollars,
bj reason of the said dr.m about to be erected b^ the
said A. B.,
and we have located and set apart three a-
cres of land, for erecting said dam, bounded as follows,
to wit: (here insert the metes and bounds) and do ap-
praise the same to the value of dollars. We have
also examined the lands of other persons, w hich may
piO'ably be overflowed bv such dam, arid do find that
C D. will sustain dollars damages, by reason of
erecting the same. That no dwelling house, out house,
garden or orchard will be overflowed by the said dam;
and that the health of the neighborhood will not be in-
juriously affected by sucb overflowing. These calcu-
lations are made upon t!ic presumption, that said dam
shall not be built more than feet high, above the
bed of the stream.
[Tills 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 countj, to be
holden at the court house in
,
on 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.
Nov. ,183 ,
Jury warrant.
To the slieriff of said county,
greeting:
We command
you, that you summon
A. B.,C. D., E.
F., &c. to appear
before the circuit court for said
coun-
ty, to be holden at the court house in the town,t)f
,
on the Monday in next, to serve at theâid
court as a peti: (or grand) jury, they having
been se-
lected by the county commissioners'
court of said coue-
IIG FORMS OF THE
ty, for that purpose; and also that }ou make
due re^
turn of
fi.'is vviiU
Witness
L. S., clerk of the county commis-
[L. S.] sioners' court foi" said counfy,at , this
day of
, Slc. L. S.
Marriage license. (See revised code of
1827, p. 289, sec.
5.)
.
'
> set.
coufity,)
Tiie people of the state of Illinois,
To any person lawfully authorised to sol-
emnize marriage, greeting:
lôu are hereby licensed ar-d permitted, to celebrate
and certify the rites of 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 ibrso do-
ing tliis shall be your sufficient warrant.
Witness A. B., CIL C. C. C. M. C. ^t.
Certificate of redemption of land sold for taxes, (Rev. code,
1827.p. 334.sec.
26.)
State of Illinois.)
county,^
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 county, the sum of
dollars, being double the amount of the tax for
which the (here describe the land.)
was sold by the she-
ritrof said county, on the day of
,183
,
for the
purpose of redeeming the same.
Ill testimony whereof, I have, S;:c.
Quietus to sheriff. (Rev. c.
1827, p. 373, sec.
9.)
State of Illinois,
. ,
ss.
county
I, 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'
eewBC,
117
with which he stands charged, and which he ought to
have collected for said county.
In testinnony whereof, I have, &c.
[This form may
be suitably varied for the auditor.]
Certificate of magistracy.
State of Illinois.)
county,)
I, W. S., clerk 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 of the peace, in,
and for the said county, regularly
commissioned
and
qualified, and that as such, lull faith and credit are,
and
of
right, ought to be given to all his ofticial acts.
In testimony, &c.
County commissieners' certificate, certifying that
W. S,
was clerk.
State of Illinois,")
,
'>
ss.
county,)
We, A. B. and C. D., two of the county
commission-
ers of said county, and judges of the county
ccn
mis-
sioners' court of said county, do hereby
certify,
ti ai
W.
S.,
whose name appears to the
above
certificate,
was
on
the day the same was made, the
clerk
of the
county
commissioners' court of said
c6untv, reg-ularly
appoint-
ed and qualified: a?d that his said
certificate
is
in due
form of law.
In testimony whereof. We,
&c.
Bond to be given by free negro.
(Rev.c
1329,
p. 109, sec. l.i
Know
all men, Slc, that we, A., and A. B., are,
&:c.
unto the
people of the stale of Illinois, for the use of
county, in the penal sum of one thousand
dollars,
to
which
payment, &c.
The condition of the above
obligation is
such,
that
whereas, the above named A. is a free
person
of colour,
Wn-
IIS
FORMS OF THE
and is desirous of settling in said count}'
: now, if tlie
said A, shall not at any time
become a charge to said
county, or any other county of this state, as a poor per-
60.!), and if he shall at all times demean jjimseif in strict
conformity to the laws of this state Ihat 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
of three feet; one gallon, liquid measure; one measure
of a quart; one pint, and half pint measures; also one
half bushel, dry measure; and one gallon, dry measure;
also one pound weight; one half, one fourth, one eighth
and one sixteenth of a pound weight averdupoise;
and
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
c.
a j\l a
m
m
r-
FORM^
*
OF
WRITS AND
PROCEEDINGS
IN THE
COURT
OF
PROBATE.
Form of a will.
IN THE NAME OF GOD, AMEN.
I, A. B., of the couT^tj of
,
being weak in bodjr,
but of sound mind and memory, do make, ordaii and
establish this to be my last will and testameut, 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 be paid; that
sufficieo' of mypersooal property be sold for that pur-
po-;e. If my personal property should be insufficierit, it
,
is-then my will, that my executor shall sell a certain tract
of acres of land, situate in county, and known
as the (here describe it.)
2. After the payment of all mj just debts, and fu-
nerrd expenses, I do hereby devise and bequeath to
my beloved wife, the farm and improvements thereon,
on which I now live, known as (here describe it,) dur-
ing her natural life; to take the issues ar-d 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
E. P., to have and to hold the same to hmi and his heirs
and assigns forever. I also bequeath and devise a cer-
tain other ^ract of land, situate in county, known
as (here describe it,) to
my sons
G. H., I. J., and my
daas^hters K. L find M. N., in eûal parts; to have and
to bold
the same unto them and their heirs and assigns
forever.
120 B0RM3
0F flit;
To my son G.
H., I give five hundred dollars.
To my son 1. J., I ;ivefive hundred dollars.
To my daughters,
I give five hundred dollars each.
To my wife, I give all my household and kitchen fur-
niture, and five hundred dollars worth of other proper-
ty, to be selected by her.
To my son E. F., I give five hundred dollars.
It is my will that the above mentioned sums of mo-
ney be paid to my sons respectively, whenever they ar-
rive at the age of twenty-one years; and to my daugh-
ters, so soon as they may arrive at the age of eighteen
years.
U either, or a;iy of my sons or daughters shnll
die before they arrive at those ages, it is then my will
that the portion of personal property alloted to each
son or daughter, shall be added to tlie residue of my es-
tate, and with that be distributed among my heirs ac-
cording to the law of descents.
If my son E. F., s'lall die without children, before
my beloved wife, I do, in that case, bequeath and de-
vise the tract of land situated in county, and known
as (here describe it as before.) to my other sons and
daughters in equal parts, to be divided among them,
and to their heirs and assigns forever. ,
*
In testimony whereof, I have hereunto set my
hand
and affixed my seal, this day of
,
in the year
of
our Lord one thousand, eight hundred and
A. B. [L. S.]
Signed and acknowledged before us.
O. P.
Q.
R.
S. T.
Proof,
State of Illinois,) At a court of probate for said
county.
J
*
*
county, held at tlie court house
in , 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, the
'
"above
named O. P. and
Q.
R., two credible
witnesses,
who being by me duly sworn, on their
oaths, depose
COURT OF PROBATE.
121
and say, that they
v/ere present, and saw the ahove
named A. B. sign the above last will and testament in
their presence;
that (hey 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
fL.
S.] my hand, and affixed the seal of said court,
this day of , A. D,
J,
S.J
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 fr said
county.
^
'
county, held at the court house
on the day of Â,D.
This day personally appeared beforeme, J. S.,judge
of probate, in, and for said county, in open court, t'le
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 thQ
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.
1
92,
sec.
2.)
Note.Codieils are supplements made
subseqaently to the
will, and
require the same form of proof.
122
FORMS OF THE
Subpoena for witness.
(2d rev. code, page
19, sec.
3.;
State of Illinois,)
county,
J
7 he people of the state of Illinois,
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
,
tl.en and there to testify tlie 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.
ry
c: T
Witness J. S., judge of probate, at
,
this
^^-
^-J
day of
,18
.
Dedimus. (2d rer. code, page
192, sec.
4.)
To J. L., a justice ofthe peace, in, and
for county, state of
,
greeting:
Whereas, the annexed last will and testament has
hten produced lo 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 autliorised 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 ; anH
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 ^vhich should acom'>
pany the dedimus, as an instruction to the commissioner.
No. I
State of
,)
gg
county,^
In pursuance of the authority in me vested, by the
annexed dedimus,
I, this day, caused personally t ome
.tfURT OF PROBATE.
12"S
before me, a justice of the peace of said county, at .
in said county, the said O. P., who being duly sworn.,
on his oath did say, that the said A. B. signed and pub-
lished the writing annexed to said dedimus, as his last
will and testament; that the said testator, at the time
of signing and publishing the same, was of sound mind
and memory, and that the said O. P. subscribed his
name as a witness thereto, in the presence of the said
testator, and at his request.
Given under my hand and seal, this day of
,
18 .
No. 2.
State of ,)
^g^
county,^
In pursuance of the authority in me vested, by the
annexed dedimu
3,
1,
this day, caused personally to come
before me, a justice ofthe peace of said county, the said
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 published, as
the last will and testament of the said A. B. ; that Mr.
S'lgned th-e name of the said A. B. thereto, by the
direction of t-ie said A. B., and 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 testator, and
at his request.
Witness, &g.
Notice to heirs and legal representatives of testator, or testat-
rix, of the issuing of letters testamentary, on a nuncupat-
ive will, by judge of probate. (Revised laws
1829,
page
195,
sec.
9.)
State of Illinois,)
Probate court, day of
County of
?>
'
,
18 ,
The
people of tlie state of Illinois, to A. B., C. D.,
E. P., and G.
Ijlfibeirs and legal representatives of J,
K., deceased: Take notice^ that a nuncupative will of
the said J. K.,
^^
Jjêa
duly proven and recorded in my
124
FORMS OF THE
office, and that letters testamentary will be
granted
thereon, to L. M., on the day of next, unless
sufficient cause be shewn to the contr?iry. You, and
each of you are, therefore, hereby cited and notified to
appear before said court, to be holden on the day and
year aforesaid, at my office at
,
to shew cause, if any
you can, why such letters should not be granted to the
said L. M.
Witness J. S., judge of probate, &:c.
Note.If the heirs and legal representatives live out of the
county, then tlie above notice must be published in some news-
paper in this state.
4ttachment to compel production of will. (Rev. law 1C29,
p.
197, sec.
18.)
To the sheriff ofsaid county, greeting:
Whereas, it is represented to the court of probate, in,
and for said county, that A. B., deceased, caused his
last will ai;d testament to be placed in the possession of
C. D. for safe keeping; (or that the same l)as fallet) in-
to Lis possession, as the case may be.) and tb.at the said
C. D. fails and refuses to deliver up the said last will to
the court of probate of said county: We, therefore,
command you to attach the body of the said C. D., and
bring him before the judge of probate, at his office at
,
on the day of nexl, to shew cause, if any
he can, why he should not be 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, &c.
Oath of executor or administrator. (Rev. law,
1829, p. 199,
sec.
26.)
I do solemnly
swear, (or affirm,) that this writing con-
tains the true
last
will and testame^yfctb.e within nam-
ed A. B.,
deceased,
so far as I knj^Tôr believe; and
that I will well
and truly execute ih^ânc.
bv pavii:g
OURT OF PROBATE.
12t?
first the debts, and then the legacies mentioned there-
iii, as far as his goods and chattels will thereunto ex-
tend, and the law charge me; and that I will make a
true and perfect
inventory of all such goods and chat-
tels, rights and credits, as may come to my hands or
knowledge, belonging to the estate of said deceased,
and render a fair and just account of my executorship,
when thereurito required by law, to the best of my
knowledge and abiUties. So help me God.
Bond of executor. (Rev. law,
pp.
199-200, sec.
27.)
Know all men, &e. unto the people of the state of
Illinois, (penalty a sum double the value of the estate.)
The co.-iditioa of the above obligation is such, that
if the the above bound x. . B., executor of the last v/ill
and testament ofG. H., deceased, (or administrator with
the will annexed, of G. H., 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 hereditamei,ts,
and the rents and profits issuing out of the same, of the
said deceased, which have, or shall come to the hafidsy
possession or knowledge of the said A. B., or into the
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, and
render a fair and just account of his actings and doitigs,
as such executor, (or administrator,) to said court, when
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 de-.Iiverto the persons enti-
tled thereto, all the legacies and bequests contained in
said will, so far as the estate of the said testator will
thereunto extend, according to the value thereof,
and
as the law shall charge him; and shall, in. general, do
all other acts which may
from time to time be requirecl
of him by law; theD,&:Cc
'
L 2
126 FORiMS OF 1H
Letters of administration to collect. (Rev. law
1829,
pp.
201-;^, sec. 31.)
The people of the stale of Illinois,
To all to whom these presents shall
come, greeting:
Kaow ye, that whereas A.
B.,
late of the county of
and state of Illinois, deceased, as it is said, had, at
his (or her) decease, personal property within this state,
the
administration whereof cannot be immediately
granted to the persons by law entitled thereto, but
which, if speedy care be not taken, may be lost, 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
appointed,) of the county of and state aforesaid, to
collect and 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
of the said county of
,
together with a reasonable
account of his collection, acts and doings in the premi-
ses aforesaid. Witness G. H., judge of probate, in and
for the said county of ,
at his office in , this
day of , A. D. 18
[L. S.] G. H., judge of probate.
Bond of administrator to collect. (Rev, law
1859,
pp.
202,
sec.
32.)
Know all men, &:c. unto the people of the state of
of Illinois, in the penal sum of
The condition of the above obligation is such, tliatif
i]ie above bounden C. D. shall well and honestly dis-
charge the duties appertaining to his appointment as
administrator to
collect of the estate of A. B., late of
the county of
,
deceased; and shall make, or cause
to be mado, a true and perfect inventory of such of the
goods, chattels, debts and credits of the said deceased,
as shall come
!<> his or her possession or knowledge;
COURT OF rROBATE. 127
and the same
in due lime return to the office cf the
judge of
probate of the proper county; and shall aleo
deliver to the person or persons authorised by the said
court of probate as executors or administrators to re-
ceive the same,
all such good^, 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 reciuired of him (or her) by law; then, &c.
Oath of such administrator. (Rev. law
1829, p.
203, sec,
33.)
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 of A. B., de-
ceased, according to the tenor and eiliect of the letters
granted to me by the judge of piobate of the said coun-
ty of
,
to the best of my knowledge and ability.
So help me God.
Widow's renunciation. (Rev. laAvs
1829,
pp.
204-5, sec.
40.)
I, 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 I do elect
to take in lieu thereof, my dower, or legal share of the
estate oi my said husband.
Oath of public administrator. (Rev. law
1829, p. 209, sec.
54.)
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 awd truly perform all such duties
as may be required of me by law, as such
adndnjstrat-
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 thie people of the
slate
of
lUinbi:*, in the penal sum of five thousand dollars, &c.
IfB FORMS OF THi-
Thc condition of the above obligation is such,
that
wheroâs, the said A. B. has been appointed public ad-
ministrator in and for the said county of
;
Now, if
lie the said A. B., as such pubhc administrator, shall
well and truly
administer all such goods, chattels,
rights, credits and assets as shall come to his hands or
possession, or to the possession of any other persons for
^
him, and which may belong to the estate or estates of
any person or persotis upon which administration may at
any time he graiited to him by the court of probate of
the said county of
,
and do mal<e, or cause to be
made, a true and perfect inveiitory of the goods, chat-
tels,
rights, credits and assets of all such deceased per-
sofis, the administration of whose estates sh.all be com-
mitted to iiim as aforesaid; and the same so made, doth
exhibit in the said court of probate, when he shall there-
in, to be required bylaw; 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 probat< of the
proper county, when required so to do; aisd shall in ge-
neral do
a; id perform all such other duties as may, from
time to time, be required of hjm by law ; then, &c.
Form of letters testamentary. (Rev. law
1829, p.
2)2, sec.
61.)
To 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
cf
,
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 rot
tnken of the same; and iiâsmuch 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 er)d
that the said property may be preserved for those who
shall appear to have a leâl right or interest therein,
and that the said will mn^ be executed according to the
request of the said testator; we do hereby authorize
COURT OF PROBATE. 1 !iJ9
fcim the said C. D., as such executor, to collect and se-
cure all and shigular the goods and chattels, rights and
credits which were of the said A. B. 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
ând 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. G2.)
To all to whom these presents shall come, greeting:
Kr.ow
}
e, that whereas A. i3., of the county of
,
and state of
,
died intestate, as it is said, on or about
the day of
,
A. D. 18
,
having at the time of
his decease, persotsal property in this state, which may
be lost, destroyed, or dimitilshed in value, if speedy care
be not taken of the same ; to the end therefore, that said
property may be collected and preserved for those who
shall appear to have a kgal right or interest therein,
we do hereby appoint C. D., of ihe county of
,
and
state of Tlhnois, administrator of all and singular the
goods and chattels, rights and credits, which were of the
said A. B. at the time of his decease; with full powder
and, authority to secure, and collect the said
property
and debts, wheresoever the same may be found in this
state; 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. la^y 1829, p. 213, sec.
63.)
I do solemnly swear, (or atlhm.) that I will well and
truly administer all and singular the goods and rltat-
teh% rights, credits ard effects, of A. B., deceased, and
pay all just claim- a^'d charges against his estate, so far
as his goods, chattel?, and effects shall extend, and tho
130 rORMS 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.)
m
Know all men, <S: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; ard the same so made, do exhibit,
or cause to be exhibited, in the court of probate for the
said county of
,
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, wljen there-
unto required
by the said court; and if it shall hereaf-
ter appear, 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 genernl, do and perform all other acts which
may at any time be required of him by law; then, &c=
GoyRT er probate. 131
??ew bond of executor
or administrator. (Rev. c.
1829,
p.
218,
sec.
76.)
whereas, the above
bound A. B., executor of the last
will and testament
of J. K., deceased, (or administra-
I
tor of the goods and chattels, rights and credits, of J.
K., deceased,)
has heretofore executed a bond, paya-
ble 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. : and whereas, by an
order of the court of probate, made on the day of
,
A. D.
,
other bond and security has been re-
quired of the said executor (or administrator:) Now,
therefore, if the said executor, (or administrator,) shall
well and truly have kept and performed, and shall well
and truly keep and perform, the condition of the bond
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
5
then, &.
Appointment of appraisers. (Rev. c.
1829, p.
219, sec.
78.)
To 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 of
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 t each
article appraised, the value thereof.
132 FORMS OF THE
Oath of appraisers.
(Rev. c.
1829, p. 220, sec. 79
)
You, and each of you, do solemnly swear, (or affirm,)
that you will well a!id]truly, without partiality or preju-
dice, value and appraiiê the goods, chattels and personal
estate of J. K., deceased, so far as the same shall come^
to 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-
istrators, so soon as they are qualified as such. (Rev. c. of
}829, p.
224, sec.
95.)
Public notice is hereby given, that the undersign-
ed
has taken out letters testamsntary of the last
will and testame?5t, (or of administration of the goods
and chattels, rights and credits, as the case may be,) of
A'
B., deceased, and qualified as such executor, (or ad-
ministrator.) All persons havi'ig 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
for the county of
,
for settlement within nine months
from the date hereof. Dated at
,
this day of
,
A, D. .
CD. Execuior, i^c.
Note.If the appraised valae- of the estate does not ex-
ceed one hundred and fifty dollars, tlie 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
Qevvspapcr four week?.
Indentures of apprenticeship of a minor, with the consent of
father,, mother or guardian. (Laws
1827, p.
54, sec.
1.)
This ind'^nture, made and entered into this
day
of
,
A. D. 18
,
between A, B.,a minor, of his own
free
will and accord, aod by, and with the consent and
approbation of E. F., his father, of the county of
,
.
and st':te of
Illinois, (motlier or guardian, as the case
may be.) of the one pari, and G. H., of the same coun-
ty and state, of the other part, VVitnesseth: that the said
I
CjOURT
dp PROBATE. 133
A. B.
does, bj these presents, of his own free will and
accord, and by and with the consent of E. F., his father,
(or motrier or guardian,) bind himself to the said G. H.,
ns 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
Q. H.,
fromt'ie
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 tfim,
the
said apprentice his said master well and faithiully
shall seiTe; his secrets keep, ar-d his lawful comma'.. ds
every where, at all times, readily obey; he 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 utdawful game, he shall not play;
matrimony he shall not contract during the said term;
taverns, ale houses, and places of gaming he shall jot
frequent, or resort; from the service of his said master
he shall not absent himself; but in all things, a-id at all
times, he shall demean and conduct himself as a good
apprentice ought, during the whole term aforesaid.
And the said G. H., oq his part, does hereby cove-
nant and agree, to furnish the said apprentice good and
suflkient diet, clothing, lodging, and other necessaries
convenient ai d useful for said apprentice, during the
term atbresald ; and also, shall cause said apprentice
to be taught to read and write, and the grou'd 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.]
iBdenture of
apprenticeship, by judge of probate, two justices
of tbe peace, or two overseers of the poor. (Rev. c. 11327^
pp.55
^6,
see's.
1,2,
Sand
4.),
This indenture, made and entered into, this day
0f
,
A. D.
5
between A. B. and C. D., over^
M
|'34

FORMS OF *H
seers of the poor, (or justices of the peace, or judge
of probate,) in, and for the countj of
and state of
Illinois, of the one part, and-E. F., of the sanne county
and state, of the other part,
witnesseth:
That the said
overseers of the poor, by virtue of the law of
I
he state of
Illinois in such cases made and provided, have
placed||
and by these
presents do plnce 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 charg-
able to said
county, and who is proven to said over-
seers to be unable to maiiitain him, the said child, who
is now of the age of years, to said E. P., to learn
the art, trade or mystery of
,
of the said E. F., af-
ter the
manner of an appreatice, to dwell with, and
serve the said E. F., from the day of the date
hereof,
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
w^cll and faithfully
shall sei-ve; his secrets
keep,
and his
lawful commands,
every where, and at
all limes, readily
obey: He 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 iiot play
;
matrimon) he
shall not
contract,
during the said term;
taverns, ale-
houses, or places of gaming, he shall not frequeot or
resort: From
the service of his said master, he shall
not abseat
himself;
but in all
things, and at all times,
be shall
demean and behave himself as a good apd
faithful
apprentice
ought, during the
whole term afore-
said.
And the said E. F.
binds himself to cause said
appren-^-
lice to be
taught to read and write, and
the grour.d 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
term
of ser-
vice.
In testimony,
&c.
A. B.
[L. S.]
^
C. D.
[L. S.]
E. F.
[L. S.]
COURT
OF rROEATE.
135
i<0TE.
The
above
indenture,
by the overseers of
the poor,
must
'}Q
executed
ivith the
consent of the judge of
probate.
it will .be
suilicient
for
him to
endorse such consent
on the
back of said
indenture.
In every
case of binding a
poor, or
orp!iau child,
by any of
the
authorised
oiTicers, a copy
of the
indenlure must
be
filed
with the judge of probate, for safe
keeping.
Notice to
minors.
(1st rev. c. pagê 301,
sec.
^.)
Whereas, it
is represented
to the court of
probate,
that
you, the
said A. B*, are an orphan minor, above the
age of
fourteea
years, and entitled to some estate, (real
or
personal,
as the case may be,) of your
deceased fa-
ther,
and that you have no guardian; you are, there-
fore, hereby
notilied, to appear before the court of pro-
bate, o;i the
day of next, and choose a guardian
;
and if you shall
neglect or refuse to appear, and choose
a guardian, the said court will proceed to appoint one
for you.
Witness, C.
D.,jnage ef pFobate* at
ylriis
day of ,
18 .
C D
Guardian's
bond. (1st rev. c.
pp.
301-2, sec.
6.)
Know all men by these presents, &c. unto the peo~
pie of the state of Illinois, for the use of A. B.,a minor,
in
the penal sum of ,
&c.
The condition of this obligation is such, that if thea-
bove bound A. B., who has been appointed guardian for
C. D., shall faithfully di'scharge the office and trust of
such
guardian, according to law ; and shall render a fair
and just account of his said
guardianship, to the court of
probate for the county of
,
from time to time, as he
shall be thereto required by said court, and comply
with all the orders of said court lawfully made, relative
t-o the goods, chattels, and moneys of the said minor,
and
render and pay to such aiinor, all moneys, goods
and
chattels, title papers and effects,
which may come
to the hands or possession of such guardian, belonging
to such .minor, when such minor shall be thereto enti-
tled, or to any subsequent guardian, should such court
eo direct; then, &c.
136
FRMS OF THE
Letters of guardiansLip.
(1st rev. c. page
301, 6ec.
1.)
-The
people of the state of Illinois,
To A. B., greeting:
Whereas, at a
court of probate, holden in and for said
Gounly, at "
,
on
the day of
,18
, C. D., a m
minor, of the age of years, on the day of
^1
last, came into court, and chose you, the said A. B., for
guardi'ui: you are, therefore, hereby
appoir.ted
guardian of the said C. D.,
person and property,
until sliail arrive at the age of
years.
Witness, J. S., judge of probate, &c.
Note.
If tlie minor be a male, the guardianship will ex-
tct.d to the age of twenty-one years; if a feinsle, to the age of
eigiiteen.
If the minor be under the age of fourteen years,
tlio court
of probate makes the appoitjlmenl; in that case, it
will ' e sulricient
to recite, ia the commencement of the let-
ters, that fact.
Discharge of insolvent debtor.
To tlie sheriff, (or any other officer who
may: have custody of the insolveiit, of
said county,) greeting:
Whereas, A. B., (the insolvent,) has produced to me
the receipt of
C. D., who was appointed by me, to be
assignee of all the property and estate mentioned in
luc schedule of the said A. B., certifying that he has
received all the effects therein mentioned, and the
same .being accepted by me: You are, tlierefore, here-
by
c^rnmanded, forthwith, to release the said A. B..
froaLimpiisonment.
And the said A. B. is hereby
fodj^ver
released arid discharged from any and all ar-
rî and
imprisonment for, and on account of, any of
,ê
debts by him
owing, m th.e said schedule mentioned.
Witness J. S. Judge probateyS^c,
Note.
For
notice by assignee of ins(jivcnt, of tl;e sale ot
prt>pcrty,
and settlement,
fellow the notices on those
subjecls
of
admiaistrators,
FORMS
OF
I
IN THE
JUSTICE S'
COURT.
Civil Cases.
Summons. (See Rev. c. 1827, p. 260.)
To any constable of said county, greeting:
You are hereby comnnanded to sumnfion A. B., to
appear before me at , on tiie day of , at
o'clock,
,
to answer the complaint of C. D., for a
failure to pay hinn a eertain 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. /. P.
Capias. (See rev. c.
1827,
p,
261, sec.
4.)
To any constable of said Colmty, greeting:
You are hereby commanded to take the body of
,
and bring him forthwith before me, utiless 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 tire com-
plaint of A. B., for a failure to pay him a certain de-
mand not exceeding otie 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
138
FORMS OF THE
Special -bail.
(See rev. c.
1827, p.
261, sec.
4.)
I, G. F.,
acknowledge myself special bail for the
within rjcimed
C. D. Witness m) hand, this day
of
,
A. D^
. G. F.
Subpoena for a witaesa.
(See rev. c.
1827, p.
2G4, sec.
17.)
To A. B.:
You are hereby commanded to appear before me at
,
on the day of
,
at o'clock,
,
then
and there lo testify
the truth, in a matter in suit, where-
in C. D. is plaintiff,
and E. F. defendant; and tliis }ou
ar
'
not to omit ur;der
the penalty of the law.
Given
under my hand, &c, J. D. J, P,
Subpo&oa duces tecum.
We command you, that you summon A. B., to ap-
pe-ir liefore
the undersigned, a justice of the peace, in,
arid for
county, at
,
on
,
and that he bring
with bim a certain writing, (here describe it,) in liis
po. sa-sion, as it is said, to be used as evidence in
be'; ilf of C. D., in a certain suit, wherein C D. is
plaintiff, and E. F. is defeiidant; and have you then
and there this writ. Given under my hand, &c.
Venire. (See rev. c.
1827, p. 2^5, sec.
21.)
To any constable of said cour>ty, greeting:
We comma! :t1 you to summon lawful men of
your county, to appear before me, at ,o.') the
dav of , A. D. , who are not of kin to plain-
tiif, or to defendant, to make a jury betweer; said
parties in a plea of
,
because as -well the said j;laia-
tiff a*s tlic said defendant, have* put ti.emselv(^
u-jôn
t-<^' country for trial; ar.d have you then and
thcê the
nines of the jury,
and this nrir, WitriCss my
'
d
les oi
son. and se^m. this dav of
,
A.D. J. Dt/. P.
justices' court. 139
Attachment ibr a juror or witnesi. (Rev. c.
18^,
p. 265,
sec.
22.)
We
command
you, that you forthwith hring the body
of A. 13.,
before the
undersigned, a justice of the peace,
in, ai^d for
county, at
,
to siiow cause vîiv
he
should not be fined for a contempt by him commiited,
i*
in not
appeariiig before tiie- said justice as a \\i loss,
(or juror,) after being'duly
surrtmos t;d arid calkd ior
that purpose; and
have you then and there this writ.
Given
under my hand, &c.
Fieri facias. (Rev. c. 1827, p.
267, see.
7.)
To any conslablo of said (ou. i>, greeting:
WecOmma.'d you, tnat of the goods ard chattels of
A. B., i.'! yt'ur
county, you mnk(^the sum.of dollars
aid CO as delM, and dolunsasd .ceits rests,
w .ich C. 1).
lateh* rlfcovered before me, in a certain
plea against tiie said A. B.;
and hereof make return to
me within s.>;ve^nty
days liôm tiiis daie. Given uiidcr
my hand, &c.
*
J,D,J.P.
Fieri facias to a foreign coucty. (Rct. c.
1827, p. 267, sec.
28.)
Whereas, a writ of iieri facias has been issued
and
deliver d io
,
a constable oi county, on a
judg-
ment recovered before jne, in favor of A. B., ngainst
C. D., for dolharS', ai.d the said constable
has re-
tur'.ed tlicreon, that the said C. D. Iiath not
iêrepj al
property, withir; tlie courty of
,
sufficient to
satisfy
tlie same: You are, tlierefore, hereby
com'rnavdcd,
t^ât
of the goods and chattels of the said
C. D,, ir
\our
co!Hity,you make the sum of dollars dv'.>t^
m d
dolhirs costs, being so rrmch or snid
judgmerit ;;s le-
mai?)s unsatisfied; and hereof m;tke return.te me with-
in seventy days from this date. Given m:der,&_c.
Oath to procure a capias ad sat.isfacioi4^ni'
A. B.,
h(-\iiir duly sworn, on his
oath savs, tlâf
he
lêriiy believes C. D. to be able to pay
dollars, debt
T
10
FORMS OF THE
and 'costs, the pffiiount of a*- judgment in bis favor, and
against C. D., on the docket of
;
and that the said
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. D.
;
and
ihat the said C. D. secretes his property from the
constable,
so that the debt cannot be levied: Vou are,
therefore,
hereby commanded to take the body of the
said C. D.,
and him convey to the common jail of said
county;
and the sheriif, or jailer ofsaid county, is here-
by
authorized and required to receive, and safelv keep
him,
the said C. D., until he pay and satisfy the sum of
,
debt, and
,
costs, which the saidi A. B. lately
recovered
before me; or uctil he, the said C D., siiall
bo discharged by due course of law. And hereofmake
due
return.
Given, Slc.
Sueamons
against bail. (See rev. c.
1829, p.
95,
sec.
1.)
To any constable of said county, greeting:
You nre hereby commanded to summon
,
to ap-
pear before me, at on the day of
,
at
o'clock, to shew caue, if any he have, why judgment
should not be rendered against him,
as the special bail
of
,
vipon a capias issued by me,
against him, in fa-
vorbf
,forthesumof dollars and cents, the
amount of the judsjment rendered
against the said
,
iv
fivor of the said
;
and
hereof make due return,
as the
law directs. Given under my
hand, &
c.
^
J.
D. /. P.
Bond for cost's. (Rev. <;. 1829, p. 97, sec.
8.)
r
State of Illinois, C A. B. )
*
'
r'
< vs. > Demand
^
county of
,
f
C. D.
5
I, E. F., do enter myself security for all costs
thai-
may accrue in the above case, this day of
,18 .
Acknowledgement of a deed. (Rev. c.
1827,
p."
98,
sec. 11.)
Tliisdaj', personally appeared before the undersign-
ed, a Justice of the peace in and for said county, A. B.,
who is perso'âllv known to said juslice, to be the real
person who executed the foregoii'g deed of conveyance,
and who then, before said justice, acknowledged that
he signed, sealed, and delivered said deed, freely and
voluyitarily, for the uses and- purposes therein meiition-
ed. Given, &c.
Note.Wheo, the persoo
nyopesing' te aekriG^l^dg'e, is not
personally known to the justice, proof of his identity should he
taken, and stated in the folio\^''iijg- form:
(Rev. c. i&27,
p. 98,
sec.
11.)
This day personally appeared before the undersign-
ed, a justice of the peace, in, and for said county, A. B.,
v/ho was proved before the said justice, by the oath of
C. D., a credible witness, to be, Slc, (as in the above
form, to the end.)
Proof of a deed. (Rev. c. 1827-,
p. 99, sec.
11.)
This day personally appeared before the undersigjn
ed, a justice of tlie peace, in, and for said county,
A. B..
who is personally known to said juslice, 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 [.is name as a
witness to said deed, in the presence, and at theTeqiiesl
of the said G. D. Given under my hand,
&cv
Note.Wherever the subscribing witness is not known
to
the justice, proof should be taken aod stated, of his identity;
and wherever the subscribing- v/itness, or party, is dead, tiie
proof should be suilabiy varied.
(Rev.
c.
1827, p. 99^ sec. 11-.)
14^ tORMS bF 'THE
Proceedings in forcible entry and detainer^
iVotice to person in possossion. (Demand in writing.)
To C. D.Sir: Take notice, that I hereby demand
from you, immediate possession of a certain tract of
la :d, containing acres, less or more, situate in the
county of
,
and bounded as follows, (here set out
the metes and bounds, if possihle, or otherwise describe
the land as the case may require.) Mr. E. F. is here-
by authorized to -receive possession of said land for me*
Nov. 183 .
'
A. B.
.
Oomplaint of an entry without force. (Rev. c. 1827,
p."
228,
sec.
1.)
State of Illinois,) Forcible entry and detainer, before
> J. T. and M. M., two justices of the
county.) peace, in,ar-d for said county.
A. B., on oath complains to J*. T. and ]\1. M., twojus-
tices of the peace, as aforesaid, that on the , at the
county aforesaid, he was lawfully entitled to the peace-
able, sole and execlusive possession of a certain tract of
land, containing acres, less or more, situate in said
county, and bou-nded as follows, (iiere. describe the land
as in the demand in writing;) and that, on the same
day, whilst th^said A. B. was so entitled to such pos-
session, one C. D. unlawfully and without any right of
possession in him, entered thereon, and took possession
of said land, and detained the possession of the said land
from said A. B.; and still unlawfully, detains the pos-
session of said land from tlie said A. B., although the
said A. B.
hath demanded the possession thereof in
writing, from him the said C. D. ; wherefore he the
said At^. says, that for the causes aforesaid,- the said
C. D.
is'guiliv of a forcible entry and detainer.
A. B.
Sworn to, and subscribed before us, &c.
J. T. J. P,
'
^
. M. M. J. P.
V
justices' court.
l;4'iis
Oomplaint of a forcible entry and detain^*
A. B., oo oath
complains to J. T. and
M. M., two
justices of the peace as aforesaid, that on the day
of
,
at the county aforesaid, he the said A. B.
was lawfully and exclusively possessed of a certaia
tract of land, containiug acres, more or less, situate
In said county, and bounded as follows, (here describe
it as ia the notice;) and that on tlie same day, one C.
D. unlawfully and forcibly entered oa the said land,
and detained the same from the said A. B., and still
unlawfully detains the possession of said tract of land
from him the said A. B., although the
said A. B. hath
since the said forcible eiitrv, made a demand in writ-
ing, of the said C. D., for possession of said land.
Sworn to, and subscribed before us, oLC. A. B
M. M. J. P.
Complaint of a fopcible detainer.
A. B., complains on oath to J. T. and M. M., two jus?
tices of the peace, in, and for said county, that on
^
at the county aforesaid, he the said A. S. leased and
rented to one C. D., a certain tract of land containing
acres, more or less, situate in said county, and
bounded as follows, (here describe it;) that by the
terms and conditions of the said lease, the said C. D.
was to hold the said land until the day of , at
which (inr:e the said lease was to expire and determine,
and that the said
C. D. continued, and still continues
to hold over the said land, after the determinatioa of
the time for which the said land was leased to said C.
D,, as aforesaid; and that the said C. D.
hath refused
since the
determination
of said lease, to decline posses-
sion of said land to the said A. B., although the said A.
B. hath made a demand
in writing, of the said C. D.,
for possession of said land: wherefore the said A. B.
says, that the said C. D., for the causes aforesaid,
is
guiUv of a forcible detainer.
'

/ A. B
Sworn and subscribed, &c.
144
IdRMS OF THE
Notes.These forms must be varied to suit each
case
This r.n-m of action lies in tliree cases; 1st, when
there Ijas
been a peaceable but wrongful entry: 2d, where the entry-
has been made with force; whether the person has or has not
right of entry, it makes no dilicrcncc, if the entry be made
wit!i force: and 3d, where a tenant holds over lands'after the
expiration of the lease.
i'he object of this action is to try a question as to the right
of
possession, or force. It is therefore against law, to adi.iit
title papers or deeds in evidence, except in one instance: and
that is, where a person has made an entry without force, and
!)leads a title in himself to justify his entry.
A demand in writing shoiild be made in all cases, and prov-
ed on the trial, n.ceording to a decision of the judge of the 5tli
circuit.
The plea of the defendant should be not guilty, merely; and
the verdict of the jitry should be, that they find the defendani
''fjuiity," or "not guilty."
Summons.
To the sheriff of county, greetingi
We commaiid you, that you summo : C. D., to ap-
pear hefore the uidersigncd, two justices of the
peace,
in, a-;d for said county, at ,on the day of
,
18
,
fo aj)swer the
complaint of A. B., for a forcible
e^trv and detainer, (or forcible detainer, as the case
mav be;)a'.d have you then there this writ. Given,
&:c.
NoTi:.Summons for jury as in other cases.
Oath of the jury.
You, and each of you, do solemnly swear, that you
will well and truly try the. case wl^.ereiii A. B. is plain-
tiff, and
C. D. is defendant; aj.d a true verdict give ac-
cording to tlie evidence. So help you God.
judgment.
After entering the verdict, if it.be for the plaintiff,
the
following judgment should he entered:
^'It is
therefore co isidircd
by the said two justices of the
peace, that tne said A. B. have refiilution of
the pre-
mises in the complaint mentioned; and tiiat the
plain^
t-iiTalso
recover of the
said dofcndant liis costs herein
exp-^ id-^d, and that he have exocutioii therefor."
if the verdict he for the defendaat, there is judgment
for costs only, as in ordinary cases.
Writ of restitution.
We command you, that forthwith, and without delay,
you put A. B. in the possession ofa certain tract of land
contaidng acres, less or more, situate in said coun-
ty,
and bounded as follows: (here describe it as in the
complaint,) which C. D. wrongfull)' and forcibly de
tains from him,
as
it appears to us of record; and als
that you make due return of this writ. Given, &c.
Proceedings in cases
of
estrays*
Oath of taker up.
A. B., being duly sworn, on his oath says, that a cer-
tain bay horse, vQars old, .hands high, and
branded,
&c.'J5Fas
taken up
by him at
,
and that the
m?irk? or brafrds, O'l the said aorse, have not been al-
tered by him, or any other person or persons, to his
knowledge, eitiier before or since the said horse was
taken up. Sworn to, &c. A, B,
Sornmons to appraisers.
To any constable of said count}', 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
eslray by A. B, ; and have you then and therethis writ*-
Given under my hand, &c.
Appraisement.
We,
the
undersigned, iicuseholders of countj:;;
being sworn by
E. F., a justice of the peace, on otfr
N

'f4U
FORMS OF
THiJ
oaths report, that we find tlie horse taken up
Ly
A,
B., as an estraj, to be a bay horse,
years old,
hands high, branded,
&c. and do appraise
the said horse
to the sum of dollars.
J. K.
L.M.
Proceedings
in attachment.
Affidavit.
A. B.,
being duly sworn, on his oath says, that
C. D.
is justly indebted to him in the sum of dollars;
and
that the said C. D. so absconds, (or conceals himselt, or
stands in defiance of a peace officer authorised to ar-
rest him on qivil process, as the case may be,) !ô that
a warrant cailfiot be served on him, A. B.
Sworn to. &e.
E. F. J. P. [L. S.]
Bond. (See tlie bond required in the circuit court.)
Writ of attachmeut.
To any constable of said co^^2ty, greeting:
Whereas, A. B. has made oath, that C;*D. is justly
indebted to him, in the sum of dollars; and that
the said C. D. so absconds, (or otherwise as the case'
may be,) so that a warrant cannot be served on him;
and the said A. B. having given bond according to the
statute in snch case made and provided: You are,
therefore, hereby commanded to attach so m'uch of tlie
goods and chattels of the said
C D.,
to be found in
your county, as shall he of value sufficient to satisfv the
said debt, and the costs of tliis proceedii.g; and (he
same goods and chiitleJs, so attached, in your hands to
secure, or so to provide that the same may be liable
to
furtiier proceedings before E. F., a justice of the peace,
in, and for said county; and also tliat you summo?- O.
P., as garnishee, to appear before the undei signed, a
justice of tiie peace, on , at
,
then aid there to
answer what shall be objected
agaifist hiii). Atid have
you then there this w.rit. Witness, &c.
J;USTICES' COURt.
*
147
Proceedings
against runaway slaves^.
Affidavit.
A. B,, beyig duly sworn, on his oath says, that C,
a
iTian ot' color, by the laws of the state of
,
owes ser-
vice and labor to him the said A. B., in the said state
of
;
and that the said C.
has escaped from the ser-
vice of the said A. B. , in the state of
,
to the state
of .
A. B.
Sworn to, &g.
Warrant for a runaway slave.
To p.iw constable of said coTinty,
greeting:
Whereas, A. B. has made oath bel-^re the under-
dersigried, a justice of the peace of said county, ti-at
C, a man of color, owes him service, in the state of
;
a td that tlie said C.
has escaped fiom his said
service, into the State of : We, therefore, comma
cd
you, that you tai-re trie body of the said C, and
lam
fortJiwith bring before the und'^rsigned justice of the
peace, at ^^Hb'answer the' said complaii^t of A.
B.:
a:
'}
to he
^^|H|P
1<> such oi'deras slall be made in the
pr'^l|i>ês. ATnd [lave you then there this writ.v^^
Given, eye.
Certiiicate to master.
I, E. F:, a justice of the peace, in, and for said oan~
ty, do hereby certify, that, frgm proof produced
before
mc, it is proved to my satisfaction that C, a man o{
color, seized
jiH^
brought before mc, owes service to
A. B., under the laws of the
gJite of
;
and that
the
gaid C. has escaped from the said state
of
,
and
,
from the service so 'due to the said A. B., into the state
'
of Ilhnois.

.Given under
my hand,
8lc,
Mittimus for a neg-ro cot having free papers.
To
die
sheriff
of said county,
greeting:
Wherea'i,
A. B.,*a
negro, (or m.an of color.)
has
been
brought
before the
undersigned,
a justice of the
peace.
148 FORMS OF THE
in, and for said county; and he Ihc said A B not having a certi-
ficate of his freedom, is by me deemed and adjudged a runaway
slave: The said A B is, therefore, coinmitted to yourcustcdy;
and you are liere'oy commanded to take the body of the said A
B, and him secure in the ci.mmon jail ofsaid county; and other-
wise proceed with the said A B, according to*lhe statute in
such case made and provided, until he shall be discharged by
due course of law; and for so doiu^, this shall be your sufficient
warrant. And hereof make due return. Witness, &c.
Criminal Canes, {Rev. laws
1827,j?.
MO^ sec,
3.)
Gomplaint on oath, to procure a warrant for the appre-
heiisioYi of offenders.
t.
This day, personally app^red b^for^ the undersigned, a
{judge or justice of the peace, as- the case nây be,) A B, who,
after being i
y
n-e duly sworn, complaiiiS on oath, as follows,
to wit: that a certain horse, of this aiiiact, a-: outsix years old,
fifteen bands high, of a -ay colour, both fore feet \,hite, was on
the night of the day of
\
last, stolen from the possession
of this affiant, and that this affiant has just and rcasor able*
grotuids to siippcct, and does verily suspect, that C D is guilty
of
stealing said horse.
* (Signtd) A B.
Subscribed, &c. E F, /. P.
NcTiE.
11 "ith proper variationsy accordiv.g^lflKsiihjcct

mat-
ier, !helîve^](brm may be made to suit appUcalions
for
cv^
tf
ya-
Hetyofofence, .
'
^^
Warrant.
To all
sheriffs, coroners
and
constables
in the stale
.of Illinois,
greeting: .

Whereas,
tomplaint
on oath has
been made to the undersign-
ed,
a jns) ice of the
peace, in, and for said
coujgj,
that a larce-
ny
has been
con.mittcd
within this state,
andThm
there are just
and
reasonable
crrounds
to sttRpect
tliat G D is guilty
thereof:
You are,
therefore,
herehy
cominandcd.to
take the
body of the
s;,ld C D, and bring
him
forthwith
hefore
me,#)r some other
j;;stice of the peace,
in" said county,
then
and theve to ai^wer
1o the pcop]<) of the
sjatc of
Illinois, on said
charge
of larceny.
Av(^
boreofrDako return a# thfc law
dirocts.
Given
under my
Jnind and se^l, this
day of ,
!{
.
.

r: F,
J. P.
[L.
L'.|
JUSTICES''
COURT.
^14^
f
Officer's
returnôii the warrant.
EKecuted the
within
warrant,
by taking the said C D. and
have liirn now presenf.
Fees,
executing writ,
-
Milage,naiies,
S T,
Sh'ff,
Or,
'
'
The within named C D is not found in my county.
S T,
ShJ.
Recognizance
to be taken by justice. (Laws
1827,
p.
171,
sec
5.)
Know all men, &c. unto the people of the state of Illinois,
for the use of the ctiULity of, &c.
The coadilion of the above obligation is such, that the above*
boundgn C D, has been arrested and brought before E F, a jus-
tice of the peace, for examination qn a charge oflarceny; and
it a})pearing tp the said justice that there are probable grounds
of the guilt of the said C D: nojv, if the said C D shall person-
ally
appear before the next oircuit court, in arid for the coun-
ty and stats aforesaid, on the first day of the next term"there-
of, to be holden at the court house in
,
on tlie Motiday
in the month oj^Lp^next, then aid thereto ansvêT to the peo-
ple if the stat^^lllinois, to such indictment as m'ay be pre-
ferred against him by the grand
jury of said jcounty, and
abide
by, and iierform the decision ofsaid court thereon, and not
de-
.
part without le&ve of said
court; then, &o.
C D, [L.S.]
E-F, J. P.
L M, [L. S.]
O P, [L. S.]
Mittimus, on j-efugal to
enter
into
recognizarce
[Laws
1827,
p.
n],s^,
5.]
To tro sheriff,
coroner,
or any
constable
ofsaiil
r..-iuty,
greeting:
Whereas,
CD has tiiis di,y
eon examined
before
me, on
a
charge of larceny; and
it appearing.proârrle,
that the said
C
D is
^mlty^cf said charge,
and he htavirig-
iaiJed
and
refused to
êater
iutoî^<atDg;;izanee, rwWn
se rarity," for his
appearance
at
*the next
circuit court
:':
r said
county;
You ;..rn.
there-
fore, hrrchy
comma"
de
o the ocdy
oAhe
said
O^land
convey
him to th.-
f^hyciU juii of said
county;
and
ihe\ecper
rj[^2
150
FORMS OF THE
of said
i
ail is hereby a,utborisod arid required to receive the
said C D, and. imprisrai biin in sftid jaii, until the next ton, of
!?aid circuit court for said couniy, to
'
e
holden on Ihe '.;on-
day in next, or until the said C D
sl^rJl be otherwise dis-
chvirfêd by law: and for so doing;, this shall Iê your suiHcient
warrant. Given under my hand and seal, &c.
E F, J. P. [L. S.]
Eridorsemcnt on miitimus, by the officer who issues it.
. (Laws ir527. p.'l71, sec.
6.]
The within natncd C D, inay be bailed by entering into re,-
TTogiiizauce,
with good securities, in tbe uin of^
E F, /. P.
Recocrnizance for vTitnosses.
Know all men, &.c. (insert the names of all the witnesses, as
in tlie recognizance of criminal.)
The condition of the above obligation is such, that if the a-
bove
boundei! (the witnesses,) shall personally appear before
the circuit court, next to he lioidcn on the iXJonday in the
month
of next, and give testimony in behalf of the pcplc of
th state of Illinois, against C D. on a charge of larceny, and
i>ot depar|[^Jthout
leave of said court; then this obligation to
be void, (jH^rur^se to remain ui full force and irlne
(all the
^îrnesses niusf'feign it; and the justice must certify it, as in the
recognizance
of lliC criminal.)
Search warrant. (Laws 1827.
p.
173^
sec. 1
1.)
To the sljeriiT, coroner, cr any constable of said
county, greeting:
V/iêreas,
complaint on oath has been made to the under-
sigrilgd, a justice of the peace, in, and for said county, by A B,
that a larce.-iy has been comfnitted, by the stealing of (here de-
scribe tl-e property
particularly;) and that the said A B does
i"?#eri!y believe that tl^c said,lolcn gouds arc concealed in the
dwelling
house, or son-c out bouse belonging to, and now in the
posscasion of C D:
You arc, therefore, hereby
comujanded,
diligently to search all the above suspected places for said
goods, in the day time; and if any of the said described
goods
be therein
found, ycoi are to seize them, and bring them before
me,
without delay, to i'odispoetu ofaccordir.g to law.
And
hereof tiake return according to law. Given under n,y hand,
&G,
E i\ J. P. [L. S.]
Officer's return.
Executed the within writ,
hy searching the
dwellinghn?eo
of the
withi;; riutned C 1),
wherein I found (here descriie the
property
found as in the Avarrant;) being a
part ol the goods
searched for.
Nov. ,
18 .
J
S Const.
'
SHERIFF.
SherifT's notice of the sale of land, or personal
proper-
ty, under execution.
Sheriff^'s
Sale,
By virtue of a wi'it of
,
to me directed, from the
co5u-t of county, in favor of
,
against
,
I have levied
on a certain tract ii\ land, (here describe it particularly,
j
(or
a certain waggon and team, describing them,} which I shaii ex-
pose to public sale, on the day of next, at the house of
.^
,
to the highest aiid best bidder, for ready lEoney. b!ale
to be between tlie hourt; of 11 o'clock, A^ M., and 4 o'cloek,
P. M.
J S,
ÎVjf.
Nov. ,
IB .
Certificate of purchase of land. (LaWs 182P,
p.
CS,
sec.
10.)
State of Illinois, ) . .
cuunty,
^
'
I, J S, siieritf of said county, do hereby certify, that by
vir-
tue
of a writ of
,
to me dir(?.cted, from the court, 1 did
on the day of , expose to public sale, a certain tract or
parcel of land, (here describe it particularly,) and that A B bid
the sum of
^
therefor; which being the highest and best
bid, the said tract or parcel of land was struck to him the said
A B; 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 S, Sh'j:
(Signed duplicates.) county.
Sheriff's, deed to purchaser.
This indenture made and entered into, this day of
,
in the year of our Lord 18
,
between J S, sheriff of the coun-
ty of and state of Illinois, by virtue of his ctSce, of the one
part,
and A B, of the same county and state of thf
ofbernart,
r^
FOR^JS OF THE
Wilnessctli: ll.at
wlêfea'^,
nt a court held on tl.e
(bv
of
,
in t!iO
year
,
C I) recovered a judgment against J]
F, in a certain
plea f(jr tlie siim of
$
;
which judgment is
in the folio .vinj^
words and figures, to wit: (here copy it;) and
whereas, on the
day
,18 , a writ of issued from
said court, which said writ is in the words and fijûres follow-
ing, to wit: (here copy it,) directed to said J S, sherili'as afore-
said, for the CfHlectioa ofsaid
judj^ment, which said writ was
levied
b.y the said J S, shoriiT
as aforesaid, by virtue of Lis said
office, and according to the statute in such cases made and pro-
vided, on a certain
tract or
parcel of land, (here describe it
particularly,) which
said land was advertised for sale fcy said
said J
SjshcriCas
aforesaid, hy placing up notices in
of the most public places in
said.|founty, for days, previous
to
the sale hereafter
mentioned;
which notice is in the words
and figures following,
yix: (here copy it,) and afterwards, to
wit, on the day of
,
in the year 18 , in pursuance of
said notice or
advertisement,
the said J S, sheriff as aforesaid,
by virtue of his said olliGe, exposed said land above mentioned
lo pnl'Iic sale, at
,
and the said A B bid the sum of
%
therefor,
whicfe
being the highest and best bid, the said pre-
.mises
vv-erc struck off to him the said X B; whioii will morgjj.
fully 3f>pear, reference being had to a certificate of purchase,
gi*'en to
the said A B by the said J S, sheriff as aforesaid;
which
certificate is in the following words and figures, to viz:
(here copy it,) by virtue of wliich purchase and certificate, nnd
by force nf the statute in such cases made and provided, the
said A B bec?!ns entitled to a deed for the said profriscs. from
the
said J B, sheriff as aforesaid, because the said premises
were
liot redeemed accordir.g to tjtie statute in such cases made.
ai>d providsd. Now, therefore^''-|ne said J S,sheriiras afore-
said,
by virtue of his said offjce,
and in pursuance of the statute
in
such cases made ar.d provided, for and in consideration of
the
aforesaid sum nf
^'
,
to him in hand paid
i^y
the said A
B, as
aforesaid, has granted, ai-gai;;ed and solt^ and by these
praseiits,
does grant, bargain and sell unto the said A B, all
the
right, title, interest nnd
claim whi^-h the said E. F, (on the
day
of sale.) had in and to the fcliovriDg described tract of
^nd.
(tieacribe it as above, in the notie* and certificate of pur-
chase;)
to have and to hold the said tract or parcel of land, to-
gether vritii all tiL'd si! gular the hereuitamei;ts and apjjurte-
nanr;-s
thereto belonging, or in any wise appertainii:g, to the
said A B, and hi heirs, executors, administrators and assigns,
JbreveT.
Xw^ ^he said J S, siioriff as. aforesaid, engages to
"warriwt ai:d defend thf^ title to the aforesaid prei ises, ^^g^nst
the claim or cl-ii'ns of tbe said E F, and ail others ciaimiug
ny,
through, or
!i''der r.in;.
In testirwonv wheroof,
&c.
Signed
J
sealed, &c. J S,
^h\ff
[L. S.]
of countv.
V
CORONERS. 15-3
CORONERS.
Note.
(Coroners have the same powers, duties and

Jees,
as she-
lifTs ha ve, when doing' the duties'properly appertaining^ to
sheriffs,
tf'hercver the
sheriff'
is inter'esied in a cause, the coroner ads as
sheriff^.
Formof inquest over a dead body. (Laws of
1821,
pp
23-4, sec.
2, 3, 4,
&c.)
State of Illinois,
) ,
.
>
set.
county,
^
Whereas, it was represented to me, J C, coroner of said
county, on the day of
*
that a male person was found
doa^l at
,
in said county, supposed to have custia to his death
by violence, casualty, or undue means; whereupon I forthwith
suTMiiioned a jury of twelve good and lawful men, of the noigh-
borhood, to wit: (here insert their names;)to inquire how and
in ^vbat manuer, and by whom or what be came by his death:
and as soon as the said jurors assembled at the said place where
the said dead body was lying-, i appointed A B, e^je of them, as
foreman, and in the presence of all the rest, adniinistered to
him the following oath, (or affirmation:) "You, as foreman of
this inquc^"^, do solemnly swear, that you will diligently en-
quire, and true presentment iriake, how, in what jrianiier, and
by whom or what, the body which isere lies dead, came to its
death; and that yon will deliver to me, the coroner of this coun-
ty, a true inquest thereof, according- to such evidencs as shall
be given you, and according to the best of yr.ur knowledge
and
belief. So help you God."-
AnclliMfee
other jurors the following-
oath, to wit: "The same cr.'-'- ^-"-'"h A B, your foreman, has
just now taken on his part, 1 each of you, do solei-iuly
SAvear to
keep on your resiiecLuui parts. So help you God,"
Whereupon the said jurors, after examination of iho said
dead body,-and hearing the .testimouy of D, E, F and
Q,
who
were subpoenaed as witnesses, returned the following verdict,
to wit: "We, the undersigned jurors, empanneiled'and sworn
to inquire how, and in what manner, and I^-y
whom or what,
(tlie dead body) came to its death, dofind, upon examirja'ion
of the said body, and D, E, F aijd G, witnesses examined, that
iV.o name of the dead man was L M; that he came to }jis doatb
by a fall from a ho>se; (or any other cause, which must be slat-
ed particularly,) and that the estate fit the deceased is aoiply
sulUcient to defray the expenses of this inquest, and of his fu-
neral:" (or that the deceased has
no o-rcc1s^ known to the ji>
rous, piS t}'.e case may be.)
^^-
[Signed by all the jurors.]
I. J C, coroner, in, and for the county and state
aforesaid,
to4
CONSTABLES*
do hereby certify, that the foregoing is a true statement of the
proceedings had before me, of and conceruing the death of the
said L M.
Given under my hand and seal, this day of
,18 .
J C, Coroner
of county.
For subpoenas and
recognizances, token necessary, the coroner
is referred
to the forms
of
those pajjcrs^ used by justices
of
the
peace,
pp.
137-8.
AGREEMENTS
AND CO-PARTNERSHIPS,
j
]\'oTE.
jSô form
that could be given, would suit ever?/ case;
-
inasmuch as there are peculiar circumstances,
differingfrom
each
other,
Vi every case.
The lest rale that can be given, and which is better than all the
forms
that our Ibniis would adviit. is, that in articles
of
agreement,
and
of
co-partnership,
upon whatever subject, /Ae intentiu)! (ffhc
parties be clearly, and explicitly expressed. The particular words
are lot material, so that the design, and meaning
of
the parties
,
can le draxc
fro,n
the instrument.
All courts will give a literal
cordruction lo the meaning of
words, so as to arrive at the iir.'icr-
stai.dv'.g a:cd intention off-ie
co itract
i.'g
parties. We deem
it -
/-
Jicieui,
therefore,
to put doion the commencement and conclusion
of
one only:
Articles of agreement.
Article? of agreement,
made and entered into, this day
of
,
A. D. 18 ,
between
,
of the county of and
stat3 of Illinois, of
tlie one part, and
,
of the same county
and state, of the other part, Witnesseth: that, (here state par-
ticjlat'ly \v^hat each party eng'ages to perform, and conclude as
follows:] In
testimony where6f, we have hereunto set cur
hands, aad aihxed our seals, this dav and year, above written.
[L. S.]
[L. S.]
[L. S.]
"Witnesses
present.
CONSTABLES^
RETURNS AND NOTICES.
Constable's rectum.
Executed tlie within according to law.
J K,
ConsiaUc.
Nov. ,
18
COiJVEYANCINGr'.
1-55
Return
on
execution.
~
Eevied
on
,
the goods
and
chattels of the within
named
,
on the day of
,
and
after due notice, sold the
same
on
ti.'e day of ,
for ,
being a part of said exoc-ution;
which money I
have ready at
the time and place within men-
tioned. No
goods and chattels
can -ye
found in my
county,
whereon to make the residue
of said
execution.
J K
Constable^
Nov. ,18
.
'
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
be-
tween
,
of the county of
,
and state of
,
of t^.e
first part,
and ,
of Ihe county of
,
a:id state of
,
of the
second part,
Witnosseth, That the said party of the f-rst pari,
for and in con-
sideration of the sum of
,
in hand paid
.y
tê
said party of the
second part, the receipt whereof, is hereby
acknowledged,
ha-
granted, bargained, sold, reuiised, released, ai'd forever quit-
i claimed, and by these presents do- grant, largaio, sell, renuse,
release, and forever quitclaim, unto the said party of the second
'
part, heir-^ -and assigns, all interest in and to a certain
tract of land or lot of ground, situate, lying and being, in the
,
and bounded as follows, to wit: (Here
d?scrii>e tiie premi=
ses, particularly setting forth the metes and bounds, &c.)
To have and to hold the aforesaid tract of land, or lot of
ground, together with all and singular the rights, profits, tene-
ments,
hereditaments,
and apparteisances thereunto
heloug-
ing, or in any wise thereunto appertaining, to the only prtiper
I
use, benefit and behoof of the said party of the second part,
j
heirs and assigns forever. And the said party of the first part
I
do
covenant to and with the said party of the second part,

that -he- will forever warrant and defend the said tract of land
from the claim of
,
the said party of the first part,
heirs
and assigns, and agaiiist the claim or claims of any other per-
^son or persons whomsoever.
In testimony whereof, the party of the first part ha iiere-
I
unto set
hand- and seal-, the day and year first above men=i
tioned.
J G, [!-<
S.]
Signed,
sealed and delivered,
}
in presence of
^
Note.
The acknowledgfmejit ({/Deeds

of
every
of
kind, is the
same, with the exception
of
the variation to
identfy
each particu-
'
lar
suhject, or person. We have given one
form
of
an ncKricw-
ledgement, {with the
proof
where necesmry^) w/iich may ht viade
to suit the ease intended. Seepage 141
.
T56
ONVEYANCI^C;
Quitclrxim
deed.
Know all men, &c. that I, A
TJ, of, &c. in consideration
oi
tiie sum of
,
to me paid
by C D,
of, .tc. the receipt where-
of, I Iiereliy acknovvled!?;e,
Lave remised, released, and forever
cuitclaiined, and do
'.'y
these
presents remise, release and for-
ever quitclaim unto the said C D,
his Leirs and assigns fore-
ver, (here insert ihe
premises.)
To have and to hold the same,
together with ail the privileges
and
appurtenances thereunto
belonging, to him the said C D,
his heirs and assigns
forever.
In
witness, &ic.
Mortgp.ge
deed.
Know all men
by these
presents,
that I, A B, of
,
in con-
sideration of the Slim of ,
lawful money, paid to me by C
D,
the receipt
whereof, I do
hereby
acknowledge, do hereby
grve, 8:raut, bargain, sell and
convey unto the said C D, his
hairs and assians
forever,
(here
inssrt the promises.) To have
and to hold the said graated
and
bargained
premises, with the
privileges and
appurtenances
thereof, to the said C D,
his
heirs and assigns, to his and
their use and
behoof, forever.
And I, 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 If.w fully
seized
in fee
of the preiniees;
ilât they are free of all
incsmbrances;
that I have a good right
to sell and convey
the same to
t-ie
said C D,
to ho!d as afore-
said, and that I will
warrant
and
defer-d the
san.f to foe said
C D, bis heirs and
assign*^
forever.,
against
the lawftd claims of
all persons.
Provided
neveri^less,
that if T, the said A B,
my
iieirs. exesutors
or
administrators,
shall
well and truly pay
to' Hie said C O, his heirs,
executors,
administratois
or assigns,
fh^,5ast and full sum of ,
(^',
or
before the
day of
next, for which will
be in
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
we) bearing
even dute
wiVi these presents,
given
by me to the
said C D,
conditioned
to pay the same
sum and
interest
at the time
aforesaid,]
shall
be void
;
otlierwise,
&c.
In witness
whereof.
Sec.
Mortgage.
This
indenture,
made this
day
of ,
in the year of ouv
Lord, one th' ussnd, eierht
hundred
and
,
between
,
ot
county,
state of ,
of the .re
part: and
.
.of
the 5ame
county
and
r,<;itc, of
t'ac
)iusr wart,
V, itr.essetn:
tPat
l
j
saia
,
for and in
consideration
of the
sum of
^current
moi
5^
|iNVEYAKIM.
^
15{7
of
tlie United States, to in hand paid
by the said
,
at,
and jefore the sodlii-g and delivery of these prescuts, the re-
ceipt whereof is hereby acknowledged; ha given,
grant-
ed, bargained, sold, aliened, enfeoffed and confirinjed, and
by
these presents do- give, grant, bargain, sell, alien, eufeoft", con-
firm, release and convey unto the said
,
and heirs and
assigns forever, all that lot or parcel of land, lying and being,
situate in the , bounded as follows, to wit: together
with all Iiouses, out houses and other improvements thereto si-
tuate aiid being, with all and singular the hereditaments,
rights, titles and advantages to the same legally
belongingr
To have and to hold- the said lot or parcel of land, with all and
sivigular tlê premises to the same belonging or appertaining,
from the said
,
to the said
,
and heirs and assigns
to and their only proper use, benefit and helioof forever*
Rendered, however, upon this condition: That if the above
named do well and truly, without defalcation, content,
pay, satisfy and discharge promissory note- of hand, giva
by on the day of , to the said
,
that is to say-c
(here set out the amount and time of payment, with the date of
notes.) It being understood and agreed by, and between the
parties aforesaid, that if the said shall well and truly dis
charge said notes, agreeal)ly to tiê true intent and meaning
of
the same; tkat then this indenture and every part thereof, i$
to be null and void; otherwise, Sig.
Endorsement of certificate of recording.
Recorder's
office,
August
,18
This is to certify, that the within mortgage, or deed from
,
to ,
was received on the , and recorded on ,
in book N, page- , M D, Rec R. c.
Deed of trust.
This indenture, made and entered into,
this
day
of
,
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,
Witiiesserl ; That
the said A,,
in consideration
ofthe special trust and
con-
fidence reposed in the said B., the covenants
herein af-
ter mentioned, and the sum of
$
,
to the said
A.
paid, by
the said B., the receipt
whereof is herc^)y
ac-
knowledged, has granted,
bargained
and sold,
and by
these presents dîes grant,
bargain and sell unto
the said
F?>
all the right, title, interest
and claim,
which the said^
O
158 COXVEYANCIXO.
A. has, or which he may h.ereaftcr have, in and to all
that tract, or parcel ofhmd, lying and being,
(fcc. (here
describe the premises parliculaily
:)
to have and lo hold
the above described premises, together with all and
singular the improvements, i"ights, privileges and ap-
purtenances, thereunto in any wise btloj:.ging,
unto the
said
13., his heirs and assigns forever, in trust for the use
and purpose herein after declare d, ard kj i o other.
Now know ye, that whereas, the said A. stands, and
is, indebted to C, by note, bearing date the day of
,
for
$
,
payable on the day of
,
the
payment of which well and truly to be made by the said
A., to the said C, at the time specified in the said note;
now, in default of payment so to be made as aforesaid,
the said A. hereby authorises and empowers the said
B., to enter upon, and take possession of, the said pre-
mises above described, and to dispose of them at public
sale, after giving days notice of such sale, in,the
nearest newspaper, to the highest and best bidder, for
ready mone}, and to apply the proceeds of said sale, to
the^ payment of the said note above mentioned ; and
should there be any overplus, after payirjg the said note,
and all costs and expenses attending, or arising from
said sale, to pay the same to the said A. And the said
B., upon making sale as aforesaid, is hereby authorised
and empowered in trust of selling, to execute and deli-
ver to the purchaser, or purchasers thereof, good and
sufiicient deeds therefor, conveying ail the right of the
said A. therein, in as fall and ample a manner, as the
said A.
might or could do. But should the said A. pay
and satisfy the said note to the said C, according to the
tenor
thereof, then this deed of trust is to be void and
of no
effect; otherwise, &c.
A.
l^SeaW]
In
testimony, &:c.
Trustees Deed.
This indenture, made and entered into, this
,
day
of ,
in tlieyear 18
,
between B., of the county
of and state of Illinois, of the one part, and D., of
GONVEYAIv'C I Si..
'
'1
59
the same county
and
state of the otlier part, Witness-
eth: that whereas,
one A., on the day ot"
,
in
the year 1 8
,
executed
a certain deed ol' trust of that
date, by which he
granted to the said D., &c. (here re-
cite the substance of the deed of trust, in the imper*
feet or past tense, thus, 'he granted, bargained aid sold,'
&c. and then proceed as follows: AvA whereas, on the
day of
,
in the year 18
,
the said note re-
mained wi.Oiiy unpaid; and for the purpose of paying
the same, according to the power and trust vested in
the said B.,by the said deed of trust, the said B., hav-
ing previously entered upon tiie said tract or parcel of
land in the said deed mentioned, and having published
a aotice in the nearest newspaper, to wi!, the
,
prilled at , for days, according to the requihi-
tior.s of the said deed of trust, did, on the said
da) of ,
1"8
,
at , in pursuance of said no-
tice and said deed of trust, proceed to sell tlie said
tract or parcel of land, (here describe it,) at puhli,;.
gale ^.0 the highest and beat bidder. And the said D.
liaving bid the sum of
,
for the said tract or par-
cel of land, and this being the highest and best bid for
t'.e said premises, the same were, at tlie said public
sale, stricken off to him the said D., as the purciiaser
Ui
der the said deed of trust. Now, therefore, in con-
sideration of the matters and things before lecited,
and the said sum of
,
,
to the said B., in hand
paid by the said D., the receipt whereof, is hereby ac-
knowledged hetbre the scaling and delivery of these
presents, the said B. has, according to the powers in
him vested by the said deed of trust, granted, bari^ja in-
ed and sold, all the right, title, interest and claim which
the said A. had on tiie day of last, or whicli
he now has,
or
which the said B. has, in and to the said
tract or parcel
of lard, unto the said D., his heirs and
assigns forever..
1V> h-ave and to liokl the same, unto
the said D,, his
heirs and assigns forever.
In testimony, &c.
B. Trustee. [Seal.]
Defeasance.
There is no set form of words necessary lo frame this
instrument.
It is a deed between the same
parlies
to
an absolute deed, and is intended to vary, alter,
or en-
tirely destroy the absolute deed, to which it rei'ers.
It
requires the same solemnities as to seals,
acknowledg-
ment and recording, as any other deed, and must be re-
corded within iliirty days after the absolute deed
is re*
corded, in the same office.
(Laws
1827, p. 87.)
Lease.
Know all men by these presents, that I, A., of the
couoly of .and state of
,
for and.in
consideration
of the sum of ,-520, to me in hand paid by B., of the coun-
ty of
,
and state of
,
and tle covenants hereinaftep
expressed, have this day let, leased and farmed, and by
these presents do let, lease and farm, unto the said B.,
his heirs and assifî^s, (all that tract or parcel oTland, and
the improvements thereunto belonging and appertain-
ing, known as the 'oak grove,' or, the iiouse and lot, giv-
ing a particular description of the premises) to have
and
to -lold the said premises, for the term of years from
thi>^ date; upon the conditions following, namely: that
for and in consideration of the occupancy and use of
the said premises, the said B. hereby engages to render
and pay to the said A, the sum of
20
per month, for
every month which he the said B., may occupy the
same, payable at the end of each month. Aiid should
the said B. fail or neglect to pay said rent, the said A.
is ^êreby authorised and empowered to collect the same
by distress, or in any other manner he may choose.
Trat the said B. shall commit no waste during his said
term, nor permit
any to be committed on the said leas-
ed premises: and at the expira'ion of said terni. the
.said
B.
shall surrender and return the said premises in
POWER OF ATTORNEY. IGl
good repair to the said A., or to his legal representa-
tives.
In testimony wliereof,
we have hereunto set our
hands and seals, this day of
, A. D. 183 .
(Signed duplicates.) A.
[L. S.]
B. [L. S.]
Note.It is prudent to execute duplicate leases, that each
party, at all times, may have one in his possession.
Bill of salew
li now all nfien hy these presents
J
that I, A,, for
and
in CO ^sideration of the sum of
,
to me in hand
paid
by
B., have this day sold and delivered to the said
B.,
(a certain wagon and team, or any article of personal
property, describing it.) The title of which, I
engages
to warrant and defend unto the said B., and his heirS
and assigns forever.
In witness, &c. A. [L. S.]
POWER OF ATTORNEY.
Practical remarks on the suoject of powers of attorney.
An aitorn ey is one who is appointed to do any thing
for^ or ii tk6
placi
of
another; and his authority may hegenerator special,
Lti alt cases, wlien a man has a pxncer, as oioner, or
in his own
right, to do a thing, he may doit by atioraey. But when he
has hut
a hare authority or power, he cannot act by attorney.
If
he acts
as deputy or attorney to another, he cannot viake an attorney
for
hiuiself.
]f,
hoicevcTythe warrant under which he acts, allows
of
a
substitution , he mayplace qnjyther person in, his stead: but suc/i
jjer-
son
becomes the attorney
of
the principal, and must act in his name,
win alien, an infant^
or a married woman, may be an attorney.
The authority cughl regularly to be by a letter
ff
attorney
UU'
der seal.
'
It must be 'p}irsued, according fh the vjords and intent; and whate-
ver is done, should be m the name
(f
the person giving the
authority.
Power of attorney to collect a dehi.
Know all men by these presents, that I,
,
of county,
in the state of
,
reposing special trust and confidence
in
Mr. ,
of county, ia the state of
^
have made, or-
162 POWER OF ATTORNEiT.
dained, authorised,
nominated and appointed, and by tJies^
presents do make, ordain, authorise, nominate and appoint
liim my true and lawful attorney, for me, and in my natno, and
for my own proper use and benefit, to ask, demand, sue for,
recover and receive of, and from E F, of
,
&c. all such sum
or sums of money, debts and demands whatsoever, which are
now due and o'win^ unto me the said
,
by , and from the said
E F, and to have, use and take all lawful ways and means, in
my name or otherwise fur the recovery thereof, by attach-
ment, arrest, distress or otherwise, and to compound and agr6e
for the same; and acquittances, or other sufficient discharges
for tlie same, for me, and in my nams, to make, seal and deli-
ver; and to do all other lawful acts and things whatsoever con-
Gerriing the premises, as fully and in every respect, as I niy-
selfml:^ht, or could do, ware I personally present at the doing
there jf; and attornies one or more under him for the purposes
aforesaid, to make, and again at his pleasure to revoke; ratify-
ing and confirming, and by these presents allowing whatsoever
my said attorney shall in my name lawfully do, or cause to be
do/ie, io and about the premises, by virtue of these presents.
In witness whereof, &i,c.
Warrant of attorney to defend a suit.
I, E
F, of ,
&c. do hereby desire and authorise C D, of
,
Sic. to appear for me, in an aciioa or plea of ,
com-
menced afâinst rae,
l>y A B, of
,
fee. at a court, &c. to be
Loldsn, &ic.
then and there (and at any other court to whicli
t'ne sûd action may be carried,) to plead thereto; and further
to do such things
therein, as 'he shall judge-'tiecessary for my
defence in the said
action. Witness, &c.
Inland bill of exchange.
$100.
Galena, l?t xMay, 1 830.
Tvvo
months after date, (or *'at si:]^ht,'' or, 'ôn de-
masxl," or, "at thirty days after sight,-') pay Mr. C, or
order,
one hundred dollars, for value received. A.
To Mr. B.,
nierchant at St. Louis,
^
payable at
Shawnee towi
It St. Louis,)
wn, illiiiois.)
<u
BaLS
OF EXCHANGE.
16'S
Foreign
bill of exchange.
No. i.
Galena,
1st May, 1830.
Exchange for '500.
At ten days after sight, (or ^'ninety days after date,'')
pa} this my first bill of exchange, (second and tiiird 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
advice from
A,
ToMr. B.,inQuebec,|
Payable at Havanna.5
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 thea-
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., JVotary Public
.
Protest of a foreign bill, for non-payment.
On this day, the 4th of Julv, in the year ISS^c^
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 puhhc, dulj qualified, did exliibit
the said bill to Mr. B. for payment, which he did not
pay.
Wherefore, 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
exchanjie, as against all oliiers
whom it may concern,
for exchange, re exchange, and
all costs, charges,
damages and interest suffered, an4 t
^
164 9VE BILL.
be suffered for want ofpayment of the said original hi]].
Do, ic at , this day of . VVitnesr^ my hai
d and
seaJ ,
&,c
.
G
.
, A%tary PubI ic.
Note.A protest for nonrnrceptmice is very similar to that
for non-payment of a hill. It should l"<e written on the bill it-
self, or some paper thereto attached, or on a copy of the ';ill,
It should state, that "the bill has been presented for accept-
ance, vvhicli was refused, and the reason why, and that the
holder intends to recover a;ll daniuges, expeuses, <^c. which he
or any ot.'ier party to the bill, may sustain on account of non-
acceptance." (Chitty on bills,
p.
2^9.)
^'.
*
Single note of hand with a seal.
days .^fter date, I promise to pay C. D., or

.^'^
bearer, (or order,) dollars and cents,
lor va-
iue received, A. B.
Galena, Nov. , 18 .
Joint and several note of hand, without a seal.
Twelve months (or days,) after date, we joint-
ly a?id 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.
A.
?,
Calena^Dec. 2,
183o
w
ll
'i^'
i
ERRATA.
P A.GE 5. Form of certificate ofgood moral character,
to
be prjduced to the udge, before granting the license: it
should read, "in the )iinty 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 wner, ought to be inserted, if known. The
warrant, also, should follow the complaint, in the value of the
tt^
property, the description of it, and the name of the owner,
if
known.
Page 149. The mittimus should with certainty and preci-
sion, 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
baila ^le,) 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 had 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 where the body was found, and if found without the limits
of any organized county, then the inquest shall be held
in
the county, to which that portion of country wherein the bo-
dy was found, is attached for county purposes.
0:;^/n printing
off
this work, in most instances^ the caption,
or
heading to writs and bonds^ are omitted, n$ also the attestation
of
the
jndge, by the clerk; as printing them at
full
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 ofa Justice of tbe Peace, arising under the Laws
the United States, with extracts from such of the Acts of Co:
gress,as are of primary importance to the public officers a
citizens, generally, of Illinois, and the adjacent States and
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 editioDj
and Gordon's Digest, Laws U.S. page 554.]
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 such
state or territory to w^hich such person shall have fled,
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
governoror chief ma-
gistrate of the state or territory from whence the person
80 charged fled, it shall be the duty of the executive
authority of the state or territory to which such person
shall have fledy to cause him or her
to be arrested^ and
ii AIFEXDIX.
secured, and notice of the arrest to be given to the exe-
cutive authority nnaking such demand, or to the agent
of such authority appointed to receive the fugitive, and
cause the fugitive to be dtlivered to such agent when
he shall appear: But if no such agent shall appear
within six nnonths 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
such fugitive to the state or territory making such de-
mand, shall be paid by such state or territory.
2. Any agent so appointed, who shall receive the fu-
gitive into his custody, shall be empowered to transport
"^m
or her to the state or territory from which he or
she shall have fled. And if any person or persons shall,
hy force, set at liberty, or rescue the fugitive from such
igent while transporting him or her, as aforesaid, the
person or persons so ofTendii^g, shall, on conviction, be
fined not exceeding five hundred dollars, and be im-
prisoned not exceeding one year.
Of
Fugitives
from
Service*
*See 2 vol. Laws U. S. page 331, Bioren and Duanc's edition;
and Gordon's Digest, Laws U. S. page 555.]
i . No person held to service or labor, in one state, un-
der the laws thereof, escaping into another, shall, in
consequence of any law or regulation therein, be dis-
charged from such service or labor, but shall be deliv-
ered up on claim of the party to whom such service or
labor may be due.
2. When any person held to labor in any of the United
States, or in either of the territories on the northwest or
south of the river Ohio, under the laws thereof, shall
escape into any otherofthe said stales or territories, the
person to whom such labor or service may be due, his
agent or attorney, is hereby empowered to seize or ar-
rest such fugitive from labor, and to take him or her be-
fore any- judge of the circuit or district court of the
APrENDlX. d
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 sliall be made, and upon
proof, to the satisfaction of such judge or magistrate,
cither by oral testimony or affidavit taken before, and
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 wliich 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 suf h claimant, his agent or at-
torney, which shall be a sufficient warrant for removing
tii#*iid 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
rescue such fugitive from such claimant, bis ager;t 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
ofsuch claimant, by action of debt, in any court proper
to try the same; saving, moreover, to the person
claim-
ing such labor or service, his right of action for,
and on
account of, the said injuries, or either ofthem.*
Of the proof necessary to avithorize a iustice of the peace
to issue a warrant for the removal of a fugitive from service,
from this state; to thestateorterritory from which he or she lied.
1. If tlie 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, êing iacluded in the act of congress.
(2
Sergt. & Rawle,
306.)
4 APPENDIX.
vices of 8UC11 person, an affidavit to the following effect, taken
before, and certified by, some magistrate of the state, or terri-
tory, in vrbichsuch claimant resides, will be necessary.
State of >
County of
5
^^^*
To all whom it may concern,
1,
A. B. a justice of the peace, in, and for the county
of
,
and state of do hereby certify that this
day, to wir, the day of A. D. 18
,
per-
sonally canne before me, C. D. and E. F. of the îd
Ifcoupfr and state, and nnade cath, that they were well
aroia/nnted 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 ofabout years ofage, about
feet,
inches in height, and of a conf^.plexion;
(with
such
other particular description as may be
deemed
necessary)
and that the said negro (servant or
apDrentice)
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 state 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
cfrtiScate
of the
foreo:oing description should not be
pr<.dacfidby the
claimant,
it will become necessary f.r lim or
her to
establish
his
or
her claim to the services of the f gitive,
by oral
testimony,
to
the
satisfaction of tl;e justice,
which in
ti
'
general
should
he
reduced to writing for tlie justification
oft e
magistrate,
and
the
better to provide against
imposition
by
suborned
witnesses;
in which case the following form of an
aihdavit
may
be
adopted.
APPENDIX,
State
oflllinois,)
^^^^
Comity
of
5
*
J
. 3
This day
personally
came
before
me the
undersigned,
an acUng
justice
of tlie
peace, in
and for the
county,
and stat^
aforesaid,
C. D.
and E. F.
of the county of
,
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
of ;
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
of about
years of age
; about
feet,
inches
in height,
â
complexion
(with such
other
particulai
ucsPfption
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.
Given under my
hand and
seal, at the
county of
and state of
Illinois,
this
day of
A. D. 13
and of the
independence
of the
United
States the
A. B.
Justice
of the Peace,
[Seal.]
county,
state of Illinios.
3. If the
justice of the
peace should be
satisfied, from thr
proof,
that the claimant is
entitled to the
services of the fugi-
tive, he will issue his warrant to the
claimant
in the following
form.
State
oflllinois,) .
County of
>
*
To all
whom it may
concern^
Whereas J. R.
of the county of
,
and state of
,
has
produced
satisfactory
proof, to me the un-
dersigned, a justice
of the
peace,in,and
for the county
of and state of Illinois,
in
conformity
with the
act of
congress, entitled
"an act
respecting
fugitives
from
justice, and persons escaping
from the
service of
their masters,"
approved,
Ff^bruary 12,
1793;
that G. a
negro man
(servant or apprentice)
aged about years,
about (eet^
inches in
height, and of a
complexion (with
such other
description
as may be con-
I*
^
APPENDIX.
tained in the
proof,)
and
who hath been lately
arrested
in the said
county
of
and state of lUinois,
and
brought
before
me,
is a fugitive from the said J.
R. in
the said
county
of
,
and state of
,
anQ
that
the said
J. R.
under
the
laws of the said state
ot
is
entitled
to the labor
or
service of the said G. I do
therefore,
in
pursuance
of the power vested in
me,
by the
above
recited
act of 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
sufli-
cient warrant.
Given
under
my hand and seal, at in the|^|k>
ty of
and
state of Illinois, this
day of
A. D.
18
andoftheindependenceof
the United States,
the
. 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 followiug 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 power to establish an uniform
rule of naturalization.
The power of naturalization is exclusively vested in
congress.
A iy alien, being a free white person, may be admit-
ted to become a citizen of the Uriited States, or any of
them, on the following conditioi^s, 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
either
of suci: courts, two years at least, before
his ad-
mission, that it. was bona tide, his intention to become a
APPENDIX.
citizen
of th^.
United
States, and to renounce
forever
all
alhgiance
and
fidelity to
any foreign prince,
poten-
tate, state,
or
sovereignty,
whatever, and
particularly,
by name,
the
prince,
potentate,
state, or sovereignty,
whereof 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 was
residing
within the hmits
and under the
jurisdiction
of the United
States at any
time between
the
eighteenth day ofJuoe 1798,
atd the
fourteenth
day of April 1802,
and who has
continued
to reside
within the same.
^S.'Any alien,
being a free white
person
and a minor,
under the age of twenty-one
years, who shall ha^ê re-
sided in the
U.
States three
years next
preceding
his ar-
rival at the age of twenty-one
years,
and
who simll 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
year!, 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 ahen shall make the
declaration
required therein at the time of
his or her
admission ; and shall further declare, on oath,
and prove
to the
satisfaction of the court, that, for three
years next
preceding, it has been the
bona fide
intei.tion
of such
alien to
become a citizen of the United
States; and
shall, in
all other respects,
comply
with the laws in re-
g;:rd to naturahzation.
4. When any alien, who shall have
complied
with
the condition specified in section 1,
shall die,
before
he is actually
naturalized, the
widow ard
*he children
of such alien shall be considered
as citizens of the
U
uted States; and shall be entitled to all rights and
pnvileges as such, upon taking the oaths prescribed
bj
law*
8 APPENDIX,
5. An alien sha]|,at the time of his application to be ad-
mitted, declare, on oath or affirmation, belbre some one
of the courts aforesaid, that he will support the consti-
tution of the United States, and that he doth absolutely
a!id ejitirely renounce and abjure all allegiance and fi-
dcliij
to every fortîgn prince,
potentate, state, or sove-
reignty,
whatever, and particularly,
by
name, the prince,
potentate, state, or sovereignty,
whereof he was before
a citizen or subject; whic!]
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 coiîs
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 ofthe applicant shall, in no
case, be allowed to prove his residence.
7. In case the alien, applyingto be 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: Prcrvided, That no alien, who shall be a native
citizen, denizen, or subject, of any country, state, or
sovereign, with whom the Uviited States shall be at vvar,
at the time of his application, shall then be admitted to
be a citizen of the United S ates.
8. That any alien, being a free white person, wlio was
residing within the limits, ajid under the jurisdiction of
the United States, between the fourteenth day of April,
one thousand eight hundred ai d t wo,and the eighteenth
dav 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 hi9
APPENDIX*
9
intention to become a
citizen:
Provided, Tliat when-
ever any person, without a certificate
of such declara-
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 June, one
thousai.d
eight hundred and twelve, and has continued to reside
within the same, or he shall not be so admitted : and the
residence of the applicant withit)
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 ofthe 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 for the
last five years, as aforesaid, shall be stated and set forth,
together with the names of such citizens, in the record
of the court admitting the applicant ; otherwise the same
shall not entitle him to be considered and deemed a
citizen of the United States.
9. The children ofpersons 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 becomecitizensof any one of
the said states, under the laws thereof, being under the
age of twenty-one years, at the time of their parent's
being so naturalized or admitted to the rights of citizen-
ship, shall, if dwelling in the United States, be consi!er-
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 U' ited States, be corsidered as citizens
of the United States: The right of citizenship shall 'Ot
de;cend to persons whose fathers have never
resided
within the United States: And no
person
heretofore
proscribed by any state, or who has hee?*
legally
con-
victed of having joined the army of Great Britain
dur-
10 APFE-VD!!.
ing the war of the revolution, shall be
adnsilted a citi-
zen, vvitîOut the consent of the legislature
of the
state
in
which sucî person was proscribed.
10. C lildren of persons naturaliz-^d before the 14th
of Aoril,
1802, under age at the tinne of their parent?,
naturaliaition, were, if dwelling in the United States on
the fourteenth of April,
1302, to be considered as citi-
zens of the United States.
1 1. Any
alien who was residing within the limiis,and
undar the
jurisdiction of the United States, before the
twentv-ninth day of January, one thousand seven hun-
dr:^d and ninety-five, may be admitted to become a ci-
tiz^.i, 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,
tha^ lie will support the constitution of the United
States, and that he 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 its appearing to the satis^fac-
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 constitutioa of the United States, and
well disposed to the good order and happi'.icss of the
same; a'ld where the rjlien, applying for admission to
citizenship, shall have !>orne any hereditary title, or
been of any of the orders of nobility in the kirfgdom or
state from which he came, on his moreover making in
the court an express
renunciation of his title or order of
nohilitv, before he shrill be entitled to such
admission;
all of which
proceedings, renuired in this provisr^ to be
pe: formed in the court, shall be recorded by the clerk
thereof.
12. No person who shall arrive in the United
Stages
after February the seventeenth, 1 01
5,
shall be admitted
APPENDttt. Tl
to become a citizen of the United States, who shall not,
for the continued term of five years, next preceding
bis admission, have
resided within the United States,
without being at any time during the said five yearf,
out of the territory ofthe
United States.
1. Declaration, or report of an alien of his intention to be-
come a naturalized citizen of the United States,
previous to Lia
admission.
To the Honorable C. D.
presiding Judge of the cir-
cuit court, in, and for the county of
and slate of
Illinois.
J, A. B. an alien horn, free white person, ofthe age of
years, aifd upwards, do fiereby in conformity
with the first condition, specified in the first section of
the act of congress, entitled, "an act to establish an uni-
form rule of naturalizatiof , aid to repeal
the acts here-
tofore passed
on
that subject," approved, the 14th day
of April 1802; declare, and make known to the said cir-
cuit court, now sitting in, and for the county ai d state
aforesaid, that my true,
and
proper
name is
A. B.
;
that 1 was horn in the city of
,
in the county of
,
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 I migrated
from
the port of
,
in the said kingdom of
,
on the day of
,
A. D.
,
ai d landed 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 bona 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 United States; and to locate myselffor
12 APPENDW.
the present in the county of and state
ofTllinoii
whereof I ann now an inhabitant ; that I do not now
en^
joy, or possess, nor am I in anywise
entitled, to any
order of disti'^.ction, or title of nobility, by virtue of the
Jaws, customs, or regulations of the said kingdom
of
,
era
.y
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, well being, and happiness
of the same; and de-
sire tiiat this my declaration, and report, may be accept-
ed,
filed, and recorded, preparatory to my intended ap-
plicativon 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 previa
ously reported himself, on his applying to be admitted to the
rights of citizenship.
^'1
set.
State of Illinois,
County of
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 bo made to cor-
respond with the nature of the application; the substance, and
generalirequisites
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
meaaing of the act of congress.
In case the alien applying to be admitted to citizenship,
shall !iave borne any hereditary title, or been of any of the
orders of nobility in the kingdom , or state from which he eame,
the above form must be varied, so as to make an express reuun-
ciation of any such claim, or title to distinotioa.
APPENDIX. i^
United States; and
that I do absolutely, and entirely
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 in anywise owe to
,
the
king of the said kingdom of
,
whereof I was here-
tofore a citizen, or subject.
A. B.
Subscribed, and sworn to, in open
court, this day of A. D. 18
Attest, E. F.
Clerk.
3. Form of the affidarit to be made by the witnesses, who
may be called to prove the residence, &,c. of the alien, at the
time of his applicatioD for adraissioQ.
County of
5
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 wholq
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
of
the same.
Subscribed, and sworn to, in open G. H,
court, this
day of
A. D. 18 . J. R.
Attest, E. F, Clerk.
4. Form ofthe order of the court admitting such alien to the
fights of citizenship.
This day, personally
appeared in open court, the
c^purt judicially
sitting,
A. B.an alien born, free, whit^
9
H
APPENDIX.
person, who had heretofore, to wit: on the
day
of A.
D.
,
declared his
intention to become
a naturalized citizen of the United States, in conform-
ity with the several acts of congress on that subject, and
took, and
subscribed the oath prescribed by law, pre-
paratory
to such admission; and the court being satis-
ned, as well from the oath of the said
A. B., as from the
testimony of G, II. and J. R. of the county of
,
and state of
,
that the said A. B. has resided
within the limits, and under the
jqnsdiction of the
U.
States, for at least five years last past; and one year at
least in the state of Illinois,
immediately preceding the
day of the date hereof; that during the time aforesaid,
he has behaved as a man of good moral character, at-
tached to the principles contained in the constitution of
^le United States, and well disposed to the good order,
well being, and happiness of the same; and two years,
and upwards having elapsed, since the said A. B. re-
ported himself, in manner, and form as aforesaid; it is
therefore considered, and ordered by the court, that
the said A. B. be henceforth admitted to
all, and singu-
lar, the rights, privileges, and immunities of a natural-
ized citizen of the United States, and that the same be
certified accordingly.*
5. Form of the affidavit to he made by the witnesses who
may be called to prove the residence, &c. of an alien, in cases
where a previous declaration, or report of his intention to be-
come a citizen is unnecessary. See Act ofCongress of the
24th
of May, 1028.
State of Illinois,") .
County of
^
*
We, G. H. and J. R. of the county of
,
and
*
It has been decided, that it is not absolutely necessary
that there should be an order of court,
admitting the alien to
become a citizen; nor that it should appear by the record of
naturalization, that all the requisites presented by law for the
Jidmission of aliens, have been 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;
Stark vs. Chesapeake Ins. Co. 7 Cranch. 520;
and
Gordon's
Digest, Laws U. S. page 274,
APPENDIX. ) 5
stale of
,
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 horn, free^
white person, who has, applied to he 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 withhi the same, for
at least, five years, immediately preceding the day of
the date hereof; that during the said last five year?,
the said A. B. has resided at the following named places,
to wit: the first year, in the county of
,
and state
of
,
the two years next succeeding, in the ccu[>
ty of
,
and state of
;
and the two last years,
in the county of
,
and state of
;
that so fiu
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 ofthe 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. Ri
6. Final certificate of naturalization, embracing all the re-
quisites necessary to make it authentic as evidence in any courL
or place in the United States.
United Stains
of
jXortli America.
State of Illinois,)
County of
5
^^^
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
thejudgeofthecircuitcourt,in,nndforthecountyof
,
and state of Illinois,
(the same being a court of record,
having, and exercising common law jurisdiction, with
^
*
The same oath should
be made by the alien on hjs admis-
sion, as in other cases
10
APPENDIX.
a sea], 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, reejistered,
and certiticd 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
oflllinois.
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
oflllinois,
that my
true and proper name is A. B.; that
I was
born in the city of
,
county of
,
and
ihekin^domof
, 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 tide my intention to renounce
forever, ail
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
ihe
APPENDIX.
i
*?
Unted
States,
and to locate myself for the present, in
the said county of
,
in the state of Illinois, where-
of I am now an inhabitant;
that I do not now enjoy, 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 of the
constitution ofthe United States,
and well disposed to the good order, well being, and
hnppiness 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.
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 in 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 in anywise owe to the
,
king of the said kingdom
of
,
whereof I was here?
tofore a citizen, or subjeet.
A. B.
to, in open
court, this day of
A, D. 1$ t
Attest,-
E.
F. Clerk.
i S
APFENDIIC*
This day also
appeared
in open court, G. H. afid J,
U.
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 ofsaid
timci
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,
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
G. H. and J. R., that the said A. 6. 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
of the United States, and well disposed to the good
order, well being, and happiness of the same; and two
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-
ralized citizen of the United States, and that the same
l)c certified accordingly.
State of Illinois,)
,
County of
)
I, E. F. clerk of the circuit court, in, and for the
rouMty and state aforesaid, do hereby certify, that the
foregoing are true copies of the original papers,
records,
and proceedings in the premises, as they appear from
the
records mow remaining on file in my office.
APPENDIX. 10
In testimony whereof, I have hereunto
(L. S.^
set my hand, and affixed the seal of 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,) .
i /
SCl*
circuit.)
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., whose 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,.
20 APPENDIX.
PENSIONS.
Of
Pensions
for
Rcvoluiionary Services
J^
(For tiie laws of the U. States on this subject, see the follow-
ing-acts of congress, to wit: the act of the 23d April, 1800; act
of the 3d March,
1804; act of the 10th April,
1806; act of the
25th April, 1808; act of the 25th April,
1812; act of the 18th
March, 1818; act of the 3d March,
1819; act of the 1st May,
1820; act of the 15th May, 1820; act of the 4th February,
1822;
act of the 1st March, 1823; act of the 15th May,
1828; act of
24th May, 1828; and the act of the 2d March, 1829. See also,
Gordon's Digest of thelaws of the U. States, page 681.ctseq.j
Original Claim,
Form of the declaration, proof, schedule, and certificates,
to be transmitted by the applicant, to the secretary of war,
previous to his being placed on the pension list, under the pro-
visions of the act of the 18tk March, 1818.
State of Illinois,) , Circuit Court,
County of
)
*
Term, A. D. 18
Be it remennbered, that on this day of
,
A. D.
,
personally appeared before the judge of the
,
and state
of Illinois, (the same being a court of record, having, and
exercising common law jurisdiction, unlimited in point
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 duly
sworn 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 8 th May,
1818,
and
the 1st May, 1820;
that he, the said A. B. enlisted for
the term of years, on the day of
,
A.
*
The laws referred to under this caption, relate as well to
persons disabled by known wounds received during the revo-
lutionary war, as to such as have from advanced age, and bodily
infirmity, become unable to support themselves. The reason
why the form is given as embracing a case of the latter des-
cription, is, that they are much more frequent than the
former,
D. n
f^t
,
in the stale of
,
in the
company commanded by captain
C. D. in the regiment
commanded by colonel E. F. in the line of the state of
,
on the continental establishment; that he con*
tinned to serve in the said corps against the common
enemy, until tlic day of
,
A. D. 17
,
at which time he was honorably discharged from the
service, at
,
in the state of
;
that he here-
by relinquishes every claim whatever to a pension, ex-
cept the present; that his name is not on the
pension
roll of any stale, 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 fooner 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 be relieved by timely assistance from
my country. And in pursuance of the act of the 1st
May,
1820, 1 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 lime, 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 myselfwithin the provisions of an act of
congress,
entitled "an act, to provide for certain persons engaged
in the land and naval service ofthe United States in the
revolutionary war,"
passed on the 1 8th 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, and by me
subscribed. That sinqe the 18th dav of March, 1818,
2^-
APPLXDIX.
the following changes have been made in my property,
to wit: (here insert an account of the property, in
the
appHcant's possession on the 18th day of March,
181C,
and not now owned by him; the names of the persons
to whom disposed of, time of sale, a!id the amount of
money, or description of property received in return.)
Sworn to, and declared in open A. B.
court this day of
,
A. D. 16
Attest, L. M. Clerk.
State of Illinois,
Count}' of
This day,
personally appeared in open couri, Ihs
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-
in;! to law, 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
the deponent, belonged to the company commanded by
captain
C. D.
in the
regiment commanded by colonel
E. F. in the line of the state of
,
on the continen-
tal establishment; at which time the deponent was also
in the continental army, in the company commanded
by captain P.
Q.,
in the regiment commanded by colo-
nel R% S. in the
line; and was with the said
A. B. in the battles of . and
;
that the
said A. B. is a man of good moral character, and un-
doubted veracity, and that he has no hesitation in be-
lieving, that bis whole
statement in relation to the time
of his enlistment, his
continuance in seivice, and dis-
charge from the army, is true. K. 0.
Sub'cribed,
and sworn to, in open
court, the dav of A. D. 13
A schedule containing the whole amount of the es-
fate, and income, of A. B. cf t!ie count
v
of
,
and
APPENDIX.
23
state ol" ,
(his necessary clothing and bedding ex-
cepted) on the day of
,
A. D.
;
made
in pursuance of the act of congress,
of the 1st of May,
1820.
Description of property^ Value.
1 Horse
-
$20
00
1 Cow and
calf 10 00
4 Sheep 6 00.
!5 Head of hogs 15 00
1 Table,
-.-.-.----
2 00
1 Cupboard 3 00
6 Chairs 1 00
Other household, and kitchen furniture 5 00
Total,
62 00
Subscribed, and sworn tO} in open A.
B.
court, the day of ,A.
D. .
Attest, L. M. Clerk,
County of
3
*
This day, personally appeared in open court, the
court 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 to
the best of their knowledge and belief, the foregoing
schedule exhibits a just and true account of the same,
necessary clothing and beddmg excepted; and that the
value ofthe several articles, as therein set down, is ac-
cording to the true value thereof. T. U*
Subscribed, and sworn to, m open V, W
court, this day of ,A. D.
18 o
County of
5
'
I, L). M. clerk of the circnit court, in, and for the
24
Ai>ENT3f.
county of
)
and state of Illinois, do hereby cet-
tify,
that it appears to the satisfaction of the court, that
the
said A. B. did serve in the revolutionary war, as
stated 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 said 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.] said circuit court, at
my
office in
,
this day of
,
A. D.
,and
of the independence ofthe United States,
the
.
L. M. Clerk,
County of
5
'
I, X.
Y. 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
aforesaid;
do hereby
certify, that
L.
M. whose name is subscribed
to the
foregoing certificate, now is, and was at the time
of signing
and sealing the same, the elerk 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.
9
this day of
,
A . D.
,
and
[L. S.]
of the independence of the United
States,
*"
the . X, y. Judge, kc.
.^F?END>X* %^^
Instructions^ S/e,
The following notes are extracted from the printed instnic
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 are 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 proceedijigs.
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
he varied by inserting the namf ofthe ship, or vessel in
which he sailed, and the name of the captain, or com^
raander.
4. It is the opinion of the attorney general, that the
words of the 3d section
of
the act of the 1st iMay, 1
820,
'în such indigent circumstances, as to be unable to sup-
port himself, without the assistaîce of bis ^-ountrv,"
comprehend those only
who are incapable of support-
m
APPENDIX,
Ing themselves wiihout
the aid of the government,
ei-
cept by private, or public charit}'.
5. Where changes
have been made in the applicant's
property since
the 18th March,
1818, and tor the in-
sertion of which, a blank has been left in the
preceding
form; the sanie may
be stated, as in the following
col-
umns.
D.
,. Jrsamcs of per-
escnption oi . f
^
SODS to whom
disposed of.
Property.
Time of Sale.
Anioimt of ma-
ney oTdrscrip,
of pTop'rty re-
ceiv'd inret'n.
6. If the property has been sold under execution,
the certificate of the sheriff, 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
the time at which the debt was contracted, and to state
for what articles, the amount of them, and whether he
believes 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
real estate, authenticated copies of the deed of convey-
ance should be
exhibited; and where debts have been
discharged, with 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. The application of all money should be
clearly
shown in Hke manner, by disinterested witness-
es.
The
originofeverynote, bond, or other obligation,
for
the
payment of money, the fulfilment of a contract,
or the
discharge ofa 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 what the ob-
ligation? were given; for what amount; and at what
APPENDIX.
2t
time; and similar
proofis required as to the discharge
or cancelling of
the same* Similar evidence is requir-
ed 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, sliewing the time of contracting the debt, for what
consideration, and the amount tiiereof, and the mortga-
gor must shew how the money or property for 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 testimonj in such cases, are required. The of-
ficial character and signature of the magistrate before
whom the affidavits may be taken, should be certiiicd
by the proper officer, under his 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, 1823, to take the oath before a judge or
justice of a court of record, will, in addition to the 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 the words, "I, L.
M, clerk." &c. insert the following:
'*!,
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. i, from a disease called the
vvith which lam credibl}' informed, and believe,
he has been aiBicted, 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
fEibode, and administered the foregoing oath. A. B.
Judge," &c. Then let the clerk, in lieu of the usual
certificate, write these words: "1, L. M. clerk of the
court of certify that
X. Y. before whom the
above affidavit of A. B. who is now sick and confired to
his house, was nrrade, is judge as aforesaid.
I also cef
2d
APPENDCiCi
tiff,
that the said schedule and oath have been admit*
ted. to the record of said court, and that the same are
truly copied therefrom: and 1 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 sched-
ule, is dollars and cents.
In testimony whereof, I have hereunto set my
hand, and affixed the seal of the said court, on
this day of
,18 , and of the in*
fL.
S.]
dependence of the
U. States, the
L. M. Clerk of the court for the of," &:c.
8, The pay ofan officer is twenty dollars per month
J
)f
a oon-commissioned officer, musician, mariner, ma-
rine, or private soldier, eight dollars per month, during
life.
9. The original declaration, schedule, oath, and af-
fidavits, should be filed in the clerk's office of the court^
"wherein the same shall be made, or exhibited.
APPENDIvX* ^9
Of
Army and JVavy Pensions, on account
of
rvounrls and
disabilities, incurred in the soDice
of
the United States,
during the late war,^
(For the laws ofthe U. States on this subject, see the follow-
in*^ acts of congress, to wit: the act of the 8th May, 1792; act
of the
23d April, 1800; act of the lt>th March, 1802; acts of
the 3d and 26th March, 1804; act of the 25th April, 1808; act
ofthe 7th January, 1809; acts of the 10th and 25th April, 1812;
act of the 16th April, 1813; act of the 2d August, 1813; act
ofthe 20th January, 1814; actof the 13th February, l8l4; act
of the 4th March, 1814; act ofthe 18th April, 1814; actof the
IGtli April,
1816; act ofthe 24th April, 1816; act of the 16th
April,
1818; act ofthe 3d March, 1819; act of the 15th May,
1820; act ofthe 4th February, 1822; acts of the 22d January,
9th of April, and 26th of May, 1824; and the act of 20th May,
3 826. See also, Gordon's Digest of the laws of the U.
States,
page
687, et seq.)
Original Claim,,
Form ofthe declaration, oath, and certificates, to be tran?^
mitted by the applicant, to the secretary of war. previous to his
being
placed on the pension list of the United States.
f
State of Illinois,)
^^

Circuit Court,
County of
^
'"''*
Term, A. D. 18
Beit remembered, that on this day of
,
A, D
,
personally appeared before the judge of the
,
and
*
The laws refered to under this caption, relate to all per-
sons wounded, or disabled in the service ofthe 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, that having no precedent to aid
us in drawing up the form adopted in this case, it may not cor-
respond with the instructions from the war department,
we
tliink however, that it will be found to contain all the subsj^n^
fial requisites ofthe acts of congress.
39 APPENDIX.
state of Illinois,
(the
same
being a court of record, hav-
ing, and exercising
common
law jurisdiction,
unlimited
in 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
duly sworn
according
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 service of 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)'
9
at
,
in the state
of
,
in the compar
j
commanded by
captain
C. D. in the
regiment
of
infantry
commanded by
colonel E. F. in the army of the
United States;
that he continued to serve in the said
conapany and
regiment
against the
common enemy, un-
til the
day of
,
A. D. 18
,
at which
time he was
honorably
discharged from the service, at
,
in the state
of
,
before the expiratior)
of
his said term of service, in consequence
of
disabilities
incurred by wounds
received at the battle of
^
while 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-
sion heretofore
been allowed him ; that his said disabil*
ity still continues,
and mak*js it difficult for him
to pro-
cure a subsistance
without
assistance from his country*.
His occupation is that of a
,
and his family con-
sists ofa wife, and
children,
who depend
exclusive-
]y
on his exertions for a support.
A. B.
Subscribed,
and sworn
to, in open
court,this
day of
jA.D. 18
County of
5
^^^
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 beii.g
first duly sworn, according to law, deposes, apd saysf
APPENDIX, 31
thai he
is well acquainted wiili Ibc said A. B., that he
is the identical
persou he represents
himself to be, and
was a private,
and belonged to his cotupany 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
,
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 substaiitialiy
true. G. PI.
Subscribed, aud sworn to, in open
court, this day of
A.D. 18
[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 be 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
5
^"^
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 of
,
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 beer occa-
sioned by wounds
received in the service of the United
States, in the late war with
Great Britain, and while
in the lire of his duty as a soldier;
that (here describe
i\lQ
prescise nature of the
applicant's disability;) and
3^
APfEXDIX*
that the disabiUty of the said A. B.
occasioned bv
the said vvouuds stjll
continues, and is one-half, (ac-
cording to tiie different
degrees of disabihtj specified
in the acts of congress.)
N. O.
tOjbeforenne,
P.
Q,
at my office, in
,
in the county
Lnd state aforesaid, this
day of
A. D. 18
[L. S.] R. S. Justice of the
peace, county of
,
and state of IlHnois.
And in pursuance of the laws
of the United States, I
do further certify, that the said N. O. and P.
Q.
are
personally known to me ; that they are reputable phy-
sicians, (or surgeons) by profession, and practice, in the
county of ,and state of
;
and whose cre-
dibility as such, cannot with propriety be questioned.
Given under my hand nd seal, at
,
in the
county and state aforesaid,
this day of
A. D. 18 . [L. S.] R. S. Justice of the peace,
county of
,
and state of Illinois.
[Here follows the certificate of magistracy, by the clerk of
tlie county commissioners' court, "vvitli the further certificate
of the presiding judge of that court, that the person certifying
is clerk.]
Instructions^ ^'C
1. The affidavit of the physicians, duly certified, as
in the foregoing precedent, should in all cases accom-
pany the application,as well as the applicant's discharge
from the service, where it has not been lost.
2.
A similar examination and affidavit, should be
made, at the end of every two years, where the disabili-
ty continues; except incases where there is a total dis-
ability; in which case,thefirstaffidavit will besufficient.
3. The diflcreut degrees of disability, as defined by
the acts of congress, are to be ascertained in the follow-
ing manner.
1st. Total disability, is, where the person is wholly
unable
to support himself by labor, at his usual occupa-
tion.
AJPrteKDiK.
6S
2(1. One-fourth, one-lialf, or
three-fourihs disability,
is, wlien the person is prevented iii that
degree, fronii
pursuing his usual occupation, in consequence of the
effects 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 discbarge of the ap-
plicant, as well as the reception of the wounds produ-
cing his disability, should m all cases, where it is possi-
i)Ie, 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,and acknowledged A. B. [L. S.]
'in the prsence of
G. H.) .,
T R i
witnesses.
Subscribed, and acknowledged, before me the iinder-
sigîed, an acting justice of the peace, in, and for the
county of
,
and state of Illinois, this day of
5
A. D. 18 . [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
peusioa a^rent,
the orig-inal certificate given to
the pensioner,
entitling
him to a pension, and an affidavit made
by him in the following
form.
State of Illinois,-
/ >
set.
COM
>ois,>
'Ay
4
This
day, personally
came before me, the under-
34 appeSdik.
signed, an acting justice of the peace^ in, and for the
county and state aforesaid, A. B* who being first dulj
s\^'orn according to law, deposes^ and says, that he is
the same A. B. to whom the original certificate in his
possession was given, of which the following is a copy;
to wit: (here copy the certificate.) That he served in
the company commanded
by captain
,
in the
regiment of United States infantry, commanded by col.
,
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.
Bj
ibis day of A. D. 18
(L. S.] L. M.
Justice of the
peace, county of
Btate of Illinoisr
Of
the jnrisdidion
of
a justice ofthepearc^ in cases whcr^
offences
are committed in violation
of
ike laws
of
the U
States,
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 Umits prescribed for this work;
I shall, therefore, content myself by inserting- that part of the
act of congress of the 24th of September, 1789, which confers
jurisdiction; with the forms adapted to a sinjrie case; with the
aid of which, precedents can be easily framed in all other casOS
in which a justice of the peace may he called upon to act.
. Jurisdiction, 4'C.
For any crime or offence, agaii^st the United Stafes,
the ofFersder may, by any justice, or judge of the United
Spates, or by any justice of the peace, or other magis-
trate of any of the United States, where he may be
fo'i >d, agreeably to the usual mode of process against
ofi^^r.rlers in such sfate, and ht the expense of the U.
States, be arrested, and imprisoned, or bailed^
as the
iti PENJDiX, ^
33
case may be, for trial
before such
court of the United
States, as by this act has cogni:5ance 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 whom the examination shall bcj
may require on pain ofimprisonment. And ifsuchconr>-
mitmentof 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 cither of them, as the case may be, to the disr.
trict in which the trial is to be h^d. And upon al!
arrests in criminal cases, bail sh:ill be admitted, except
where the punishment may be death, in which cases it
shall not be admitted, but by the supreme, or a circuit
cotirt, orby 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
court, 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; where
no other punishment than whipping, not exceeding
thirty stripes, a fine not exceeding one hundred dollars,
or a term of imprisonment not exceeding six months
is
to be inflicted.
The circuit courts of the United States have exclu-i
îve cognizance of all crimes and offences, cognizably
3Q afpenCix.
under the authority of the United States, (except
whert
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.
United
States of America,) .
Stateof IlUnois, county.)
Whereas A. B. of the
county
of
,
and state of
IlUnois, has this day given information, on oath, to me
the undersigned, an acting
justice of the peace in, and
for the county and state aforesaid; that
C. D. also of
the same county and state, laborer, did, on the
day of ,A. D. 18 ,
at
,
in the county
and state aforesaid, knowingly, wickedly, and wilfully,
pass to the said A. B.
one counterfeit dollar ofthe form
and similitude of the silver coin, of that denomination,
which has been heretofore coined at the mint of the
United
States, w ith 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.
,
in
the county and state aforesaid, this day of
^
[L.
S.]
,A. D. 18
; andof theindependeoce
of
the United States, the
E. F. Justice of the peace for the county Qf^
,
and state
of lUiuois,
To any
sworn constable)
of
said county to execute.
J
APPENDIX. 37
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 ai:d state
a cotmterfeit dollar, of the form and similitude of
the silver coin of that denomination,
which hris 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 np-
wise to omit; and hereof make return, as well as the
5
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.
To any swora constable)
of said county to execute.
J
3. Recognizance of Bail,
United
Spates of America,) .
State ofIllinois, county.^
Be it remembered, that on the day
of
in the year of oitr Lord, one thousand
eight hundred
and
,
and of
rhft independence
of the United
States the
,
C. D. of the county of
,
and
4
38
APPENDIX.
state of
Illinois, laborer, and J. R. and L. M. also
ofthe
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
of America, that is to say, the said C. D. in the sum of
dollars, and the said J. R. and L. M. in the sum
of
dollars each, of good and 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, tliat 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 the said United States of America, for and 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-
b}' to defraud the said A. B., in violation of the laws of
the United States, with which said crime, the said C.
D.
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 of the said
court; then this recognizance shall be void, or else to
remain in full force and virtue.
Taken, subscribed, and acknowledged C. D. [l. s.]
before me, at
,
in the county and J. R. [l. s.]
state aforesaid, this day of
,
L. M. [l. s.]
A. D. 18
,'
.
E. F.
Justice of the peace, for the county of ,
and state oflllinoia.
ArrENDix. 39
4. Recognizance of the witness.
'^''1
set.
United States of America
State of Illinois, county,
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 {or circuit) of
;
and shall then,
and there give vSuch testimony, as he shall know con-
cerning (here state the oiTence, as in the recognizance
of bail)
wherev>'ith the said C. D. stands charged be-
fore me,
at the suit of the United States, and doth not
depart hence, without leave of fhe said court, then tht'
above recognizance to be void, otherwise to remain in
full force and virtue. G. H. [l. s.]
'
"'
Taken, subscribed, and acknowledged
before me, at
,in the county and
state aforesaid, this day of
,
A. D.18 .
E. F. Justice of the peace, for the county of
,
and state of Illinois,
40 APPENDIX.
5. Mittimus
United Stales of America,
State of IlliDoisf, cou
' ''
lica,)
To the keeper of tiiejail in, and for the county of
,
acd state of Illinois.
I send you lieiewith the bodj of C. D. laborer, ap-
preher.ded by m^ warrant, aiid brought before me for
(here describe ti;e offence particularly) in violation
of
the laws of
the United States, with which said crime,
the said C. D. stai ds charged before me; and jou the
said keeper, of the said jail, are hereby required to re-
ceive I lie said C. D. into your custody as such jailer,
and him safely keep, until he shall be Iher ce discharged
by duG course of the laws of tlic United States. And
for so doing this shall be your sufficient warrant.*
,
in the county and state aforesaid, this
[L. S.]
day of
,
A. D. 18 ,
and of the inde-
pcîdence of the United States, the
E. F.
Justice of the peace, for the county of ,
and
slate of Illinois.
1. Formofan Advertisement of a lost certificate, according
to the instructions of the commissioner of the general land
office.
Lest 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 re-
*
In
consequence of the resolution of congress of the 23d of
September, 1709,
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,
'2
1
,
(see acts ofthat session, page
30,)
passed such a law; upon the express condition, hoveever,
that
the jailer's fees, and all other expenses should be paid by the
United States.
APPENDIX.
41
newal ofa 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 mj hand at
,
this
day of
,
A.D. 18
2. Form of the deposition,
set.
State of Illinois,
County of
This day, personally appeared before me, the under-
signed, a justiceof the peace, in, and for the said coun-
ty and state, A. B. also of said county, who being first
duly sworn according to law, deposes, and says, that a
certain land certificate which 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 ofthe pre-
siding judge of that court, that he is clerk, in the usual form.]
3. Form ofa general power of attorney, to relinquish lands,
purchased under the credit system, prior to the Istday 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-
4*
42 APPENDIX.
torney, for me, and in
my name, to sign, and tile vvitii
the register of the laud oilice 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 suhdivision ofany fractional sec-
tion of land, the
payment of
which has not been com-
pleted, held by me, and purchased at the said land
oflice; and to make, and execute all acts of relinquish-
ment,
which may be required of me to make and exe-
cute, to entitle me to the benefit ofthe provisions of the
several acts of congress passed for the relief ol the pur-
chasers of the public
lands, prior to the first day oi July,
in the
year of our
Lord, one thousand eight hundred
and
twenty; with
power to the said attorney, to sub-
stitute
an attorise}
or attorneys uiider him, for the pur-
poses aforesaid; and to do all lawlul acts for eflfecting
the premises: hereby ratifying.and confirming whatever
C D. tiê said attorney, substitute, or substitutes, shall,
or tn-ay 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 athxed my seal, this
day of
,
in the year of our Lord, one thou-
sand eight hundred and . A. B. [l. s.]
Signed, sM.led, and delivered in the presence of,
p'
tt'v
wîtnesses.
[Here follows the certificate of acknowledgement before a
justice of the peace, the certificate of magistracy by the clerk
of the county conin:issioDers* court, aud the certilicate of the
presiding judge of that court, that he is clerk, &c.]
*
The relinquishment may be made by the original parties,
their
assignees, heirs, or guardians of such heirs, or executors,
or administrators, or by
attorney duly authorised by such
persons
APPENDIX. 43
Regulations
for
Miners^ rexised the 1st
of
Jv.Iy,
1827, to
go into operation the \st
of
August^
1 827.
[Prepared by the Department of War.]
1. Persons
desirous of mining will, on their
arrival
in the
coiuitry,
apply at the superinteiident's cftce,
where they
will be hirnished with a permit upon sign-
ing the
follow irg regulations: first. \^ e, the subscri-
bers, do
voluntarily agree to deliver, at least once
a
month, to a
liceiscd smelter, all lead ore which
inav
come into
our possession at the United States'
lead
mines,
upon receiving 350 pounds cf pure lead, or an
equivalent
it meney, for each 1000 pounds oi clean
ore,
if paid
within twenty-five days from the dale of deliv-
ering the
ore at the diggings,
Vve agree not to deliver any lead ore to any other
person than a licensed smelter, and net to deliver ore
to one
smelter when we are indebted to another, with-
out the
consent of such creditor.
We agree further, that we will forfeit to the United
States, 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 having
violated
either of the above regulations.
2.
Should persons mine, or dig, without first obtain-
ing a permit, they \vill forfeit the mineral they may ob-
tain;
and be liable to a prosecution for a trespass, and
damages. Ary miner who gives false testimony in any
dispute or arbitration, or before any
magistrate, cr
who is convicted of stealing lead ore, or any other thing,
setting fire to the prairie grass, or woods,
cutting tim-
ber where it is prohibited, shall forfeit his permit to
mine
or dig; and no
smelter shall purchase his ore,
or
give him employment.
3. In order to prevent mistakes or disputes,
two or
more men must work together, who will
previously
measure off two hundred
vard square, the lines
run-
ning east, west, Qorth and south, at each
corner a
44 APPENDIX.
Stake at least six feet high, must he placed, markctl
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 offas above provided, will be work-
ed everj day, (weather permitting) Saturdays and Sun-
days excepted; unless the ground should be under ar-
bitration. Not more than four days'^ will be allowed
to
arbitrale, 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 rnay be held,
provided it is worked agreeably lo the
fourth
regulatdon,
A neglect, or evasion by trifling work, such as throw-
ing out a few shovels full of earth, &c. or the occupan-
cy of 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, when removed from the
place where it is dug, must be sold to a licensed smelt-
er, and 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
work 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 di'îputes between miners respecting lots, &c.
the matter must be referred to disinterested persons.
'
The parly aggrieved will apply at the superintendent's
office, where an order to arbitrate will be furnished.
*
Seven days are now allowed.
AlTENDIX.
45
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 fake
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 arid witnesses shall be sworn. Should

a majority of the arbitrators not agree, the case will be
referred to the superintendent, or assistant, whose 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 wjritten decision will be given; a copy of
which may be obtained by both parties.
lit
is necessary to observe that ail quibbliug 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 eTil
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
A. B.
Having signed the regulations for the govern-
ment of the U. S. Lead Mines on the east bank of the
Upper Mississippi,
is hereby permitted to mine and dig
for lead ore,
agreeably to those
regulations.
Signed by the
Superintendent, U.
S. L. M.
4
fJ
A^PE^DIX.
Form of a bond to be giveo, to obtain a license for smelting.
Know all men by these presents, that we are
holden, atid 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, wê, the said
d hereby jointly and severally bind 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 thousand eight hundred and
The condition of the above oblisjation is such, that
whereas the said has obtained from the agent of
the United States, a license, bearing dale 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, the'9, and in that case, this obligation to be void
and of no effect, otherwise to remain in full force and
virtue. R. C. [l. s.]
VTitnesses present:
T. B, [l. s.}
J. B. [l. s.]
Form of a license for smelting.
This indenture, made and entered into
this
day 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
preside; ;t of the United States, to pur-
chase and smelt lead ore at the United
States' lead
mines, on the Upper
Mississippi, for the period of one
year from and after the date hereof, upon the
follow-
ing conditions, viz:
APPENBIX, 4 <
1. All
purchases, or other acquisitions of ore, ashes,
zane, or lead, to be from persons authorised to work the
mines, either as lessees, smelters or diggers; aiid from
no others; and no ore to be purciuised from tlie
leased
premises of any person, without his permission.
2. To commence smelting as soon as one
hundrc4
thousand pounds of ore are obtained, and to cojitinue
it
so long as any is on hand ; to weigh a charge of ore for
the log furnace, and the lend produced from it, when
re-
quired to do it by the said tlrst party, or his assistant*
3. To keep a book containing an accurate account
of
all ore, ashes or zane, purchased, or otherwise acquir-
ed, and of all lead manufactured; which bock shall,
at
all times, be open to the iispection of the said first
party, or his assistant; and to furnish a transcript or
return, at the end of every month (agreeably to a form
to be furnished by the said first party) \vhich book and
returns, to be verified on oath, if required.
4. The said second party hereby agrees to pay the
first party, for the use of the United States, the one-
tenth part of all the lead smelted by him, under this in-
denture, to be paid monthly, in clean pure lead, at the
ware-house on Fever River, or at such^ ot'er place,
near the mines, as the said first party shall direct, aiid
free of expense to the United States. And the said se-
cond party is not to sell, or remove from the places
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
fuel as will suffice, without waste, for the purpose of this
indenture, and to cultivate as much land as will suffice
to
furnish his teams, &c. with 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 who is at the mines without the authority ofsaid
first
party ; and said second party agrees not to employ or har-
bor the laborers or workmen otânother smelter.
7 It is further understood and agreed between the
4 8
APPENDIX.
parties, that all lead which shall be made by the said se-
cond partj under this indenture, shall be naanufacturcd
into
pigs of the following shape and weight each, viz:
Sixty days are allowed after the expiration of this
license, to close 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
perfornriance o{ the contract is to be in full
force
a;id virtue, until a written settlement is made.
It is distinctly u.iderstood by the said parties, that,
upon proof being aSbrded to the first party, that either
of
the
foregoing stipulations have been violated, or not
complied with, he may declare his indenture null and
void, and re-enter, and take possession of all tiie premi-
ses, as if no such agreement existed.
Witnesses present: T. L. [l. s.]
R. C. [l. 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
monev 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 jointly and severally bind ourselves, our
heirs,execators,
and administrators, and each and every
of them,
jointly, severally and (irmly, 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 fronn the United
States, a lea.ê,
bearing date the day of
,
18 ,
of a certain tract of land, containing about
acre?,
as therein more particularly described, which is
suppjspd
to contain lead ore. Now, if the said
shall faithfully and fully execute and comply with the
APPENDIX.
49
terms
and
conditions
set forth in said Lease, then, and
in that case, this
obligation to be void and of no effect,
otherwise to renaain in full force and virtue.
Form of a lease
for mining and smelting purposes.
This indenture, made and entered into, this day
of ,
18 ,
between
,
of the army of the United
States, acting under the direction of the Hon.
Se-
cretary of War,of the first part, and
,
of
,
of the
second part, VVitnesseth, that the said party, of the
first
part, for and in consideration of the rents, covenants,
and agreements hereinafter mentioned, doth, by these
presents, and by and 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 jears, 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 ofsurvey
:
containing about acres, to have and to hold the

same, from and 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:
First. That the said party of the second part, here-
by binds and obliges himself to commence mining, and
(if there is wood upon the premises,) manufacturing lead
upon the said land, withir! iico months after the date
hereof, and to continue such mining and
manufacturing
with a force which shall at no time be less than twen-
ty men, weather and season permitting,
without cessa-
tion or intermittance. Shonld the said second
party
not have twenty laborers in his employ, it is
understood
and agreed, that any miner may go upon the
above pre-
mises and work, provided he will deliver to the said se-
cond party all the ore he may dig, upon his pricing,
or
securing to be paid, to him the usual quantity of lead"
(or an equivalent,) for each 1000 pounds of ore; and the
said second party admitting the premises to be so occu-
5
.70
APPENDIX.
pied,
will
be
considered
the same as keeping twenty
men
in his
employ.
Second.
Tiiat
the said party of the seeond part, at
the
eud
of every
month, shall pay to the said party of
the
lirst
part,
one
of the product of said mining
and
manufacturing
operations, in clean pure lead, as a
real,
for the use of the United States, and deposit the
same
in a store house near (which shall be
designated
by the said first party,) free of expense to the
United
States.
Tliird.
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
fuililmentof this indenture on his part, for which pur-
pose
he is allowed and permitted tiie 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, w^hich said
book or books sball 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 ofevery month,
a2;reeably to a form to be furnished by the first party,
w^hich shall contain a list of all the miners or laborers
at work at said m.ine, and which said books and returns
the said second party shall, at any time when required
by the said first party, verify on oath or affirmation.
Fifth. It is further understood and agreed
between
the said parties, that tlie 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, sliall
the said pariy, or any one by or under his authority, con-
vey away, or remove the whole, or any part of the mi-
ArPENDliX.
1
iieral, or lead, from said land, or places of manufacture,
witl:out the
coijS'jiit and approbatiou of the said party
of
tiK^ tirst part, until all arrerages of rent which shall be
due and owiîg by the said second partj, shall be set-
tled up and paid.
Sixth. Tiie 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
whic'; shall be, "not to remove, sell, or otherwise dis-
pose of, any ore or mineral he may dig, to any other
than the said second party," nor to allow any persoi; to
continue working, after he lias broke;, said regulation.
Seventh. The said secoiid party furthermore l;ereby
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 lus
non-compliance with any ofits 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 asireement had been entered into.
In testimony whereof. We, the said parties to these
presents, have liereunto 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 foilowing 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
thf^
superintendence
of the mines; and we hereby bind,
a?.d obhgate
ourselves to quit said
premises,
upon
one
m t-i's
notice
to ihut effect being given by
said
agent,
o"^ other agent; it beingj understood
that those
persons
who have licenses or leases,
are not included in
this ar
52 APPEXDIX.
rangement, but are
to occupy agreeably
to their
con-
tracts. No transfer
of said grounds or improvements,
will be made without the
conseiU of the agent, and v.
ill
be suHjt^ct to
the aforesaid
regulation. That we will a-
bide
by
all regulations
which may be made with respect
to directions ofstreets, &c. Also to commence to build
upon said ground within sixty days from the date of our
permits to occupy, and not to sell or transfer the lot, or
piece of ground, vvithout
consent, and through the otiice
of tlie said superintc-r^dent.
Galena, June, 1827.
Permit.
~
is permitted to occupy lot No.,
on the prai-
.rie, u'ider the usual reslrictions."^
Galena, day of , 18 .
Note.No permits are now granted to occupy town lots.
Miners have been permitted to cultivate gardens, upon sign-
ing the following conditions:
That we will not claim any right, title, or interest in
the said land, other than as tenants at the will of said
agent, or sucli other agent as may be appointed for the
superintendence of the mines; and wê hereby bind and
obligate ourselves to quit said premises upon one
Kionth's notice to that etject, being given by said agerit.
It being understood, tliat those persons, wlio have licen-
ses or leases, are not included iii this arrangement, but
are to occupy agreeably to their contracts.
No trai.sfer ofsaid ground, or improvements, will be
made without tlie consent of the agent, and will be sub-
ject to the aforesaid regulation.
Note.No permits are given, or grants made for farming
purposes.
*To commence building within sixty days, to deliver up
pos-
session upon days notice,
and not to transfer, without
per-
mission of the superintendent.
I
INDEX.
ACCOUNT Page
or notice of auditors, to the parties 20
Report of auditors 21
ACJ^NOWLEDGEMENT OF DEEDS, &c.
141
See appendix 33
AGREEMENTS & CO-PARTNERSHIPSArticles of 154
AD QUOD DAMNUMWrit of 113
Notice to owner of opposite land 114
Oath ofjury, inquisition,
& notice thereof
114-15
ADMINISTRATIONLetters of, to collect 126
Letters of, and testamentary
128-9
AD vlINISTRATOR(See Executor)
AFFIDAVITS
By
creditor, to obtain dom. &for. attachments 33
To require defendant to give special bail 42
Of non-residence of defendant, in chancery 49
To be admitted to sue as a poor person 55
For continuance 5B
For capias in detinue 66
To obtain writ of hab. corp. ad testificandum 79
Of witnesses to obtain fees 98
To obtain attachment from J. P. 146
APPEALS
Supersedeas tojustice, &c. n execution ofbond
9^
ADMISSION OF ATTORNEYS AT LAW
License, oath, &:c.
2
ADVERTISEMENTTo the public
"
Certificate f, by printer
22
Of estrays, by clerk of county court
113
APPRAISERSOf deceased's estate, and oath
131-3
Of estrays
(See Estray)
APPRENTICESHIP
Indenture of, with consent offather, &;c.
135
Do. by
judge of probate
13^^
ARBITRATIONS AND REFERENCES
Submission, to be made rule of court
27
Bond and
aârd 28-9
Umpirage
and general release 31
Notice to adverse party 32
ASSUMPSIT
Summons in an action of 100
ATTACHMENTS
Writ of in circuit court
34
Notice to be
published 38-9
Against
person for disobeying decree
51
Do.
witness
for contempt
107
To compel
production of will
124
By
justice,
for juror or witness
4 39
Writ of, by justice, in debt 146
ATTORNEY
Power of
161
Wrirrant of, to defend a suit 162
(See
appendix)
33
41
BAILBond in civil and criminal actions
43.
RecognizaiiCe of, in do.
44-5
Scire facias against 47
Special, on capias from justice 136
Summons
vs., from
justice
140
BILL OF
EXCEPTIONS
Form
of 76
BILLS OF
EXCHANGE 162-3
BILL OF SALE 161
BON DS
Upon appeals, from circuit to supreme court 22
Do. from
court of probate to circuit court 20
Do. from J. P. in civil &
crimitml cases to do.
24-5
In case of trial of right of property 26
Upon
arbitration 28
Do.
attachments 35
Forthcoming
and replevy 36-7-94
Upon
special
bail in civil actions
43
To
replevy fine and costs
46
Of
clerk of circuit court
54
For co-ts
in do.
55
In
case of certiorari
59
Taken of
defendant in detinue
67
Given in behalfofapplicant for writofhab.corp.
77
To
obtain injunction to slay proceedh.gs at law
80
Do. do. to stay waste, tresspass,
&:c.
82
Givei", by
complainant to obtain writ of ne
exeat 87
Given to sheriff by defendant, on the above 8B
INDEX.
-^
BO'S
DSContinued,
In replevin, by plaiiTtiffto
sherifT 93
By person intending to move to quash fee bill 95
Given by free negro 1
17
Of executor or administrator 125-6
130-1.
Of public administrator
127
Of guardian
135
For costs, before justice 141
CAPIASWrit of, in detinue
66
Ad respondendum in debt
98
In criminal cases,
in circuit couri 99
Ad satisfaciendum
100
Pro fine
104
Ad respondendum from justice 137
Ad satisfaciendum from do, 140
CEHTIFIC A.TEOf redemption ofland sold for taxes 116
Of magistracy, by clerk 117
Of county ccmmissioners, to clerk
"
CERTIORARIWrit of, in the supreme court 13
Do, in circuit court 57
Do. when part of the papers only, are sent un 59
CLERK OF CIRCUIT COURT
Oath of, to be taken, and bond given 53-4
CHANCERYForiu of subposna in, and publication 48-9
Decree or bill, answer, &c. 50
Order to defendant to prepare a decree 51
Writ of attachment in, for disobeying decree
"
Process of sequestration in . 52
CONSTABLESReturns and notices 154-5
CONTINUANCE(See affidavit for)
56
CONTRACTFor building, by agt.of-eounty com. court 112
CONVEYANCING
155
COPY RIGHTSecured
2
CORONERInquest of, &c.
-
153
COSTSBond for, to be given
55_14i
COURTSCircuit
20
Of county
commissioners 112
Of probate
119
Supreme
5
DAMAGESAssessment of, by clerk
60
Writ of enquiry of, after judgment
84
DEBTORInsolvent, discharge of
136
DECREEForm of, bill and answer
50
PEDIMUSOr com.m-issioDj in circuit court
6?i
'4
IHDEX,
PAGE.
DEDIMUS
Con/mwetZ.
By
judge of probate 122
DEEDS
Acknowledgment of, before J. P. 141
Ofsherilf
151
Of conveyance and quitclaim 155-6
Of trust and trustees' deed 157-8
DEPOSITIONS
Notices of, to adverse party 61
Form o{^ certified 65
DE
FEASANCE
160
DETIN UEAffidavit and capias,in
60
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
EJECTMENTProceeding's in an action of trespass and 72
Rule of court thereon 74
Habere facias possessionem, with fi. fa. &c. 75
ENTRY & DETAINER(See Forcible Entry, &c.)
Notice, &c. and complaint, &c. 142-3
ERRORWrit of 10
Reiurn to writ, by clerk of circuit court 1
1
Subpoena therein
Returns thereto, by sheriff 12-13
Assignment of, in supreme court 15
ESCAPE
Form of warrant 99
ES'IRAYSAdvertisement of, &c. 113
Appraisement of, &c.
-
145
liiXCEPTlONS
Bill of 76
EXCHA NGEBills of
.
1
62-3
EXECUTION
(See Sp. Writs &. Executions) 98-102-3,
4,
5
Writ of, on judgm't ofconvictioncapital pun, 106
EXHONERETURForm of, in circuit court
"
48
EXECUTOR, &c.Oath of, and bond 124-5
Ncsv bond of, or of administrator 131
FEESOfwitnesses, affidavit to obtain

98
FIERI
FACIASExecution 102
Aoâinst
administrators de bonis testatoris
'^
Do. principal &
bail on recognizance for fine
103
For tine and costs in criminal cases
*'
For costs in civil cases
'
104
For residue,
on venditioni exponas 105
From justice
of peace
139
3?
INDEX, 6
PAGE,
FORCIBLE
ENTRY AND DETAINER
(See justices of peace.) 142
FORTH COMING BOND(See bonds) .
FUGITIVES
FROM JUSTICE
Executive of another state demanding fugi-) -
live, &LC,
(See
appendix)
^
Agent appointed to receive &
transport fu->
^
gitive, Slc.
"
S
^
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 vparrant) .
upon
5
Affidavit do. to prevent imposition
4-5
Warrant to claimant to remove fugitive
5
GUARDIANBond of
135
Letters of guardianship
136
GALENARegulations of town lots. (See appendix)
51-2
HABERE FACIAS SEISINAM 71
HABEAS CORPUSWrit of, issued in term time
76
Issued in vacation 78
Bond, given in behalf of applicant 77
Writ of, testificandum 79
INQUISITIONOfjury, under writ of ad quod 1 14
INTERROGATORIESForm of, to Le put to witness 64
INJ UNCTIONWrit of, to stay proceedings, and bond 80
Do. to stay waste, trespass, &c. 82
INDENTURE OF APPRENTICESHIP
Of minor, by consent of, &c. 1 32
By judge of probate, &e. to learn trade 1 33
JURIES AND JURORSOath of grand jurors, &c. 82-3
Summons vs. juror, for iailing to attend 85
Oath and inquisition of, upon writ of ad quod 114
Jury warrant 115
JUDGE OF PROBATE(See court of probate)
JUSTICES
OF THE PEACE
Summons and capias from, in civil cases 137
Subpoena, and subpoena duces tecum 138
6*
6
'
INDEX,
PAGE
JUSTICES OF
THE
PEACECon/inned
Venire for jurj 138
Atlachfhent
for juror or witness 139
Fieri iacias
'*
Oath to
procure ca. sa.
"
Writofca.
sa. 140
Summons vs. hail
'-
Proofof a deed, and acknowledgment 141
Forcible entry and detainer 142
Notice to person in possession
"
Complaint,
&:c. 142-3
SumHnons to defendant, oath of jury and"^
judgment
5
Proceedings
on attachment before 146
Do.
against runaway slaves 147
Criminal proceedings before
148-9
15
Jurisdiction
of, under the laws of the Unit-)
ed States (see appendix))
Act of Congress, SepL 1789
"
34
Warrant to apprehend oifenders
" 36
Subpoena for witness
"
37
Recognizance of bail. Do. witness
"
37-9
Mittimus to jailer
"
40
LANDCertificate of redemption ofland sold for (axes 116
LEASEForm of 160
See mining regulations
(appendix) 49
LETTERS
OF ADMINISTRATIONTo colleet 126
TESTAMENTARY
*
128
OF GUARDIANSHIP 136
LICENSEOf attorney at law . 5
For marriage 116
To smelters (see appendix) 46
LOST CERTIFICATE
Advertisement of, and deposition
"
41
LOTSRegulations concerning, in Galena
"
51-2
MA N DA MUSAVrit of, and return
16-17
MAHKIAGELicensG for 115
MEABURES
(See weights and measures)

MINORSNotice to, by judge of probate 135
MITTi:vIUSIn the circuit court 107
From justice, i- criminal cases 149
Do. u'^^der ttie laws
of the U.S.
(appendix) 40
MORTGAGES 156
INREX.
*'i
PAGE.
NA.TUUALIZATION
(see appendix-
Power
of
coiigiess to establish uniform rule of 6
CoLiditions
on which mirior alien is admitted 7
Alien
dyiiig
before naturalization, widow)
.,
and
children of,- considered citizens
y
Oath
&c. of
alienfive years residence required 8
Additional
oath declaration dispensed)
,.,
with,
and
proof
\
Children
of
naturalized persons, citizens
9
Residence
required in
1795, &, declaratory oath 10
Declaration
and oath of naturalization
11-12
Affidavit of
witness to prove residence
13
Older of court admitting alien
"
Atfidavlton
previous declaration 14
Certificate
of naturalization
15
Do. ofjudge of court
1
9
I>fE
EXEAT
RESPUBLIC AWrit of
86
Bond given by complainant
87
Do, to sherift^, by defendant
88
NEGRO,
FREEBond to be given by
1 17
NOTARY PUBLICProtest of
163
NOTICES
By
auditors, to parties litigant
..
^^
To be servêd
on adverse party in circuit
court 32
To
be published in case of domestic attachm't 38
Publication
of, vs. defendant in chancery
49
To take depositions 61
Piiblication of, when deft resides out ofcounty 69
To owners of opposite lawd, on writ of ad quod 1 14
Same after inquisition 115
To heirs, &c. of issuing letters testamen-) g
tary on nuncupative will
)
To be given on qualification of executors, &c. 1 32
To minors, by judge of probate 135
NOTESPromissory, with and without seal, &c. 164
GATHSOf attorneys at law 6
Of clerk of circuit court 53
Of commissioners to make assignment of dower 70
Of grand and petit jurors
82-3
Ofjury upon writ of ad quod
damnum 114
Of
executor or administrator 124
Of administrator to collect 1 21
8 laroEX.
PAGE.
OATHSContinued.
Of public administrator
127
Of appraisers of estate
of deceased
132
'
To procure ca. sa. from justice
139
Ofjury, in forcible entry aiid detainer
144
Of takerup of estraj, before justice
145
ORDERSOf publication to non-resident defendant
49
Directing a defendant to prepare a decree
51
On affidavit to be
admitted tosueasa poor
person
5G
AppointingagHofcounty court,tobuild jail
&c.
1 12
PARTITION OF LANDSSum. vs. joint tenants,
&c. 90
Report of commissioners appointed to make
91
PENSIONS FOR
REVOLUTIONARY SERVICES
(See
appendix)
Original claimdeclaration
"
20
Proof of service and discharge
"
22
Schedule and value of propertycertifi-)
,,
cate of clerk
5
^^
Certuicate ofjudge of court
"
24
Noses on requisites for making out decla-)
^
.
ration, &c.
^
^
Statement where change is made
"
26
Proceedings where property has been sold^
,,
by execution
5
Person unable to attend court, take
oath)

before judge, &G.
5
Pay
of pensioners per month
"
28
PENSIONERS OE ARMY AND NAVY, IN LATE WAR.
(See appendijf.)
Declaration, proofofserviee&
disabilities
"
29-30
Certificate of surgeons
&l rate
ofdisability
"
31
Instructions, &c. how to proceed
"
32
Power of attorney. Sic, to receive pension
"
33
PLEAOf interpleader and replication
thereto 40
PERMITS
To mineoccupy town lotscultivate)
AKcq
gardens
(appendix)
)
POO R PERSONAffidavit of, to be admitted to sue as
such 55
POWER OF ATTORNEYTo collect, &c.
161
To defend suit ^
162
To rt'coive p'. sion
(see
appendix)
33
To relinquish lands
**
4t
INDEX*

PAGE.
PROCEDENDO
Writ of 89
PROTESTOf
notary
public 163
PUBLIC
ADVIINISTRATOR
Oath and bond of 127
PUBLICATION
Order of, in case of foreign attachm't 39

Do. notice to
non-resident
defend't in chancery 49
QUIETUSTo
sheriff from county
treasurer 1 16
QUIT CLAIM
Deed of
156
RECOGNIZANCE
In cases ofspecial bail 44-5
To replevy tine, &c.
after judgment 46
Taken by justice, of criminal 149
RECORDEREndorsement of certificate of recording 157
REGULATIONS FOR MINERS,
&g.(see appendix)
Permit to mine
"
45
Smelter's bond and license
"
46
Bond for a leaseand lease
"
48-9
Concerning town lots in Galena
"
51-2
RELEASEGeneral(see arbitrations, &c.)
27-31
RENUNCIATIONOf widow n1
REPLEVINAffidavit to obtain writ of, and writ 9^
Bond given by plaintiff, and
"
Writ of retorno habendo
"93
REPLEVY BONDSOr forthcoming 94
Given before moving to quash fee bill 95
REPORTS(see account)
Ofcommissioners to assign dower
70
Of do. to make partition of land 91
RESTITUTIONWrit of, with fi. fa. in circuit court 18
Do. by justice of peace 145
RETURNS(see sheriffs and constables)
RULES OF PRACTICEÎn the sup. court, & motions 6
Supersedeas, writs of error, process, &c.
7
Docketing suits for hearing, & assignm't
of error 8
Rehearing 9
SALEBill of 161
SCIIiE FACIASAgainst a garnishee
41
Against bail, in criminal cases 47'
To revive a judgmant after a year, &c. 97
SCHEDULEOfjustice, to writ of certiorari 58
SEQUESTRATIONf see chancery)
SHERIFFSReturns of 108-9-10-11
Notice of sale by, under execution 151
Certificate of purchase, and deed, by
SL WESRunaway, proceedings against 14
SUBMISSIONS(see arbitrations)
2
5?
i^
-10
LVDEX
PAGE.
SUBPCENAAgainst defendant in error
1
1
For witness to appearand give
deposition
63
Do. do. at circuit court
100
Duces tecum
101-138
For witness, hy justice of the peace
138
SUMMONS
Against defendant, on petition for assign-)
ment of dower
^
Original writ of, in ejectment
72
Against a juror for failing to attend 85
Against joint tenants,
&c. 90
Or writ of replevin
92
In an action of assumpsit 100
By justice of peace, in civil cases 137
To appraisers of estrays 145
SUPERSEDEASTo issue to justice, Sic. in appeals 96
TAXESCertificate of redemption for 116
TRUSTEE'S DEED 158
UMPIRAGE(see arbitrations, &c.)
VENDITIONI EXPONASExecution for pare, &fi, fa. 105
TENIRE FACIASIn circuit court 83
From justice of the peace 138
VERDICTSpecial, form of
85
WARRANl'SEscape warrant 99
From justice, to apprehend offenders 148
Search warrant
150
Of attorney, to defend a suit 162
WEIGHTS AND MEASURES 1 18
W'LLS
Form of, and proof 1 1
9-20-21
SuHpoena for witness, to prove dedimus to) .
â
o
take deposition
y
Noncupative. notice of, to heirs, &c. 123
Attachment io
compel production of 1 24
WITNESSES-^Fees
ofaffidavit to obtain 91
Southern Illinois University Library
Carbondale, Illinois
/
t

Practical Forms of Writs

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Practical Forms of Writs

Uploaded by

Copyright:

Available Formats

'^

ilTdependence of the United States,

to be read in suits at law, on giving the lilie notice, when the

[>. 164, sec.

11 "ith proper variationsy accordiv.g^lflKsiihjcct

(Coroners have the same powers, duties and

covenant to and with the said party of the second part,

The acknowledgfmejit ({/Deeds

days .^fter date, I promise to pay C. D., or

The arbitrators arid witnesses shall be sworn. Should

containing about acres, to have and to hold the

(See weights and measures)

Order of, in case of foreign attachm't 39

You might also like