FORM OF ORDER THEREON WHEN SUCH WARRANT IS TO BE EXECUTED Ordered, That John Boe, named in the within warrant, be hereby authorized to execute the same. In the name and by the authority of the Territory of Dakota. Given under my hand this day of ―, 18-. A- B- Justice of the Peace of said county. Form of commitment. FORM OF AN ORDER TO BRING UP A PRISONER FOR EXAM In the name and by the authority of the Territory of Dakota. Given under my hand this day of, 18-. A B Justice of the Peace. Form of an order to bring up prisoner for exination. FORM OF SUBPOENA FOR WITNESSES TO ATTEND AN EXAMINING COURT. THE TERRITORY OF DAKOTA, county, SS. Form of sub to attend. In the name and by the authority of the Territory of Dakota. To any sheriff or constable of said county: You are commanded to summon A, E, I, O, and U, to be poena for witness and appear before me at my office at , in said county, forthwith (or on the day of -, instant, at o'clock, in the noon), to testify the truth in behalf of the plaintiff 20 (or defendant), on the examination of the charge against E A—— B- Justice of the Peace of said county. Form of oath of witnesses on examination. FORM OF OATH OF WITNESSES ON THE EXAMINATION. You do solemnly swear that the evidence you shall give between the Territory of Dakota and E F, touching the charge exhibited against him, now in hearing, shall be the truth, the whole truth, and nothing but the truth; so help you God. Form of affir mation. FORM OF AN AFFIRMATION. You do solemnly, sincerely, and truly declare and affirm that the evidence you shall give between the Territory of Dakota and E F, touching the charge exhibited against him, now on trial, shall be the truth, the whole truth, and nothing but the truth; and this you do under the pains and penalties that may ensue thereon. Form of recognizance of bail. FORM OF RECOGNIZANCE OF BAIL. THE TERRITORY OF DAKOTA, For the offence of larceny. of } Be it remembered that on the day of 18—, A—————, county, Dakota, and B- of county, Dakota, appeared personally before me, A B, a justice of the peace of county, and severally acknowledged themselves jointly indebted to the Territory of Dakota, in the sum of dollars, to be made and levied of their respective goods, chattels, lands, and tenements, to be void, however, if the said E F, shall personally appear at the next (October) term of the district court of county, on the first day thereof, or if the recognizance be taken in term time, then it must require the party to appear on some day of the term to be herein designated to answer to an indictment preferred against him for the offence of (larceny) and to do and receive what shall be by said court, then and there enjoined upon him, and shall not depart the said court without leave. Witness our hands, this day of Taken, subscribed, and acknowledged, 18-. A B B, Justice of the Peace. RECOGNIZANCE OF A WITNESS. THE TERRITORY OF DAKOTA For the offence of larceny. nizance of wit against E F Be it remembered that on the day of 18-, that Form of recogG H, of the county aforesaid, appeared before me, a justice ness. of the peace of said county, and acknowledged himself indebted to the Territory of Dakota, in the sum of — dollars, to be levied on his goods, chattels, lands, and tenements, to be void, however, upon his appearing in the district court of said county of on the first day of its next (October) term (or if the recognizance is taken in term time, then it must require the witness to appear on some day of the term, to be herein designated), to testify on behalf of the plaintiff (or defendant) in the above-named prosecution, and not depart without leave of said court. Taken, subscribed, and acknowledged, the day and year above written. G. H. Justice of the Peace. FORM OF MITTIMUS IN OFFENCES NOT BAILABLE. THE TERRITORY OF DAKOTA, county, SS. In the name and by the authority of the Territory of Dakota. after first having inquired into the truth and probability of said charge exhibited against him by the oath of all the witnesses attending such examination. Given under my hand, as justice of the peace of county, this day of 18-. A- B- Justice of the Peace. 9 Form of mittimus in offences not bailable. FORM OF MITTIMUS IN BAILABLE CASES. THE TERRITORY OF DAKOTA, OF } county, SS. In the name and by the authority of the Territory of Dakota. Form of mittimus in bailable cases. due course of law, he having been held by me as an examining court for trial, in the district court of county, on the charge of (larceny), after having first inquired into the truth. and probability of said charge exhibited against him by the oath of all the witnesses in attendance on such examination, and allowed to give bail in the sum of dollars, for default of which he is committed to jail. Given under my hand, as justice of the peace of county, this day of .18-. -B, Justice of the Peace. FORM OF AN INDORSEMENT ON THE FOREGOING. Bail ought to be taken in the sum of A B dollars. Justice of the Peace. Form of bail after commitment. FORM OF BAIL AFTER COMMITMENT. THE TERRITORY OF DAKOTA, county, SS. Be it remembered, that on the day of 18-, E F, of county, Dakota, and G H and I J, of county, Dakota, appeared personally before the undersigned, two justices of the peace of -county, and severally and jointly acknowledged themselves indebted to the Territory of Dakota, in the sum of dollars, to be made and levied on their respective goods, chattels, lands, and tenements, to be void, however, if the said E F, who has been committed to the common jail of county, shall personally be and appear at the next term of the district court of. county, on the first day thereof, to answer an indictment to be preferred against him, for the offence of (larceny), and to do and receive what shall be by said court enjoined upon him, and shall not depart the said court without leave. Witness our hands, this day of 18-. Taken, subscribed, and acknowledged the day and year first FORM OF COMMITMENT OF WITNESS FOR REFUSING TO In the name and by the authority of the Territory of Dakota. To any constable of said county, and to the keeper of the Form of comcommon jail thereof: mitment of witness for refusing to enter into We command you, the said constable, forthwith to convey recognizance. and deliver into the custody of the said keeper, the body of C D, it appearing, by the examination of the said C D, on oath, before me, one of the justices of the peace of said county, that he is a material witness against the said E F, on a charge of (larceny), and it having been adjudged by me that the said offence has been committed, and that there is probable cause to believe the said E F to be guilty thereof, and the said C D, having been required to enter into recognizance in the sum of dollars for his personal appearance at the next term of the district court of - county, on the first day thereof, to give evidence on behalf of the territory against the said E F for the offence aforesaid, with which requisition the said C D has refused to comply, and you, the said keeper of the said jail are hereby required to receive the said CD into your custody, in the said jail, and him safely keep, until he shall enter into such recognizance, or be otherwise discharged according to law. Given under my hand, this A- — B day of 18-. Justice of the Peace. FORM OF A WARRANT TO DISCHARGE A PRISONER UPON HIS Form of war rant to dis In the name and by the authority of the Territory of Dakota. To the keeper of the common jail of said county: Discharge from imprisonment E F, if detained in your cus- charge prisoner tody for no other cause than what is mentioned in the warrant upon finding for his commitment, under the hand of A B, justice of the commitment. peace for said county, dated the day of, 18-. hand as justice of the peace of said sureties after Given under county, this day of 18-. |