Form of Mittimus for want of Sureties. STATE OF ILLINOIS, } SS. The People of the State of Illinois to any Constable of the said County, and to the Keeper of the Common Jail of said County: Whereas, A. B. lately appeared before L. M., Esquire, one of the justices of the peace of the said county, and made oath that he is afraid that C. D., of -, in said county, will [beat, wound, and kill him, for that the said C. D. hath lately assaulted him with a large knife, and threatened to plunge it through his heart and to kill him, at any rate,] (or "burn his house, for that the said C. D. hath lately threatened to burn his house, and has actually attempted to set fire to the same," or, if for any other cause, here set it forth,) and the said justice of the peace, being satisfied by the oath of the said A. B., (if there are two witnesses, then say, "oaths of the said A. B. and E. F.,") that the said C. D. has used threats, as aforesaid, has caused the said C. D. this day to be brought before him, and required him, the said C. D., to give good and sufficient security, as well for his personal appearance at the next term of the circuit court, to be held in and for the said county, on the first day thereof, as, also, in the mean time, for his keeping the peace (or "being of good behavior") towards all the people of this State, and particularly towards the said A. B.; and, whereas he, the said C. D., hath refused, and doth now refuse, before the said justice of the peace, to find such security: We, therefore, command you, the said constable, forthwith to convey the said C. D. to the common jail of the said county, and him deliver to the keeper thereof; and you, the said keeper, are hereby required to receive the said C. D. into your custody, in the said jail, for the want of sureties, and him there safely keep until he shall be discharged by due course of law. Witness the said L. M., Esquire, at, in the said county, the day of Form of Liberate, to discharge one committed for want of Sureties. The People of the State of Illinois to the Keeper of the Common Jail of said County: Whereas, C. D., who is now in the common jail, in your custody, at the suit of A. B., of, in said county, for not giving good and sufficient security, as well for his personal appearance at the next term of the circuit court, held in the said county, on the first day thereof, as, also, for his keeping the peace, (or, "being of good behavior,") in the mean time, towards all the people of this State, and particularly towards the said A. B., hath given before L. M., Esquire, one of the justices of the peace in the said county, good and sufficient securities that he will personally appear at the next circuit court, to be held in and for the said county, on the first day thereof, and will well and truly keep the peace, (or, " be of good behavior,") in the mean time, towards all the people of this State, and particularly towards the said A. B.: We, therefore, command you, that if the said C. D. do remain in the said jail, for the said cause, and none other, then you forbear to detain him any longer, but that you deliver him thence, and suffer him to go at large, and that upon the penalty that will fall thereon. Given under the hand and seal of the said justice, at said county, the day of 18-. in the L. M., J. P. [SEAL.] CHAPTER VI. OF FUGITIVES FROM JUSTICE. Rev. Stat. 262, Sec. 4. "Whenever any person within this State shall be charged, upon the oath or affirmation of any credible witness, before any judge or justice of the peace, with the commission of any murder, rape, robbery, burglary, arson, larceny, forgery or counterfeit ing, in any other State or territory of the United States, and that the said person hath fled from justice, it shall be lawful for the said judge or justice to issue his warrant for the apprehension of said person. If, upon examination, it shall appear to the satisfaction of such judge or justice, that the said person is guilty of the offense alleged against him, it shall be the duty of the said judge or justice to commit him to the jail of the county; or, if the offense is bailable, according to the laws of this State, to take bail for his appearance at the next circuit court, to be holden in that county. It shall be the duty of the said judge or justice to reduce the examination of the prisoner, and those who bring him, to writing, and to return the same to the next circuit court of the county where such examination is had, as in other cases; and shall also send a copy of the examination and proceedings to the executive of this State, so soon thereafter as may be. If, in the opinion of the executive of this State, the examination so furnished, contains sufficient evidence to warrant the finding of an indictment against such person, he shall forthwith notify the executive of the State or territory, where the crime is alleged to have been committed, of the proceedings which have been had against such person, and that he will deliver such person on demand, without requiring a copy of an indictment to accompany such demand; when such demand shall be made, the executive of this State shall forthwith issue his warrant, under the seal of the State, to the sheriff of the county where the said person is committed or bailed, commanding him to surrender him to such messenger as shall be therein named, to be conveyed out of this State. If the said person shall be out on bail, it shall be lawful for the sheriff to arrest him forthwith, anywhere within the State, and to surrender him agreeably to said warrant." "Sec. 7. In all cases where complaint shall be made, as aforesaid, against any fugitive from justice, it shall be the duty of the judge or justice to take good and sufficient security for the payment of all costs which may accrue from the arrest and detention of such fugitive; which security shall be by bond, to the clerk of the circuit court, conditioned for the payment of costs as above; which bond, together with a statement of the costs which may have accrued on the examination, shall be returned to the office of the clerk of the circuit court; and, upon the determination of the proceedings against such fugitive within that county, the clerk shall issue a fee bill, as in other cases, to be served on the persons named in the bond, or any of them; which fee bill shall be served and returned by the sheriff, for which he shall be allowed the same fees as are given him for serving notices. If the fees be not paid on or before the first day of the next circuit court, to be holden in and for that county, nor any cause then shown why they should not be paid, the clerk may issue an execution for the same, against those parties on whom the fee bill has been served; and when the said fees are collected, shall pay over the same to the persons respectively entitled thereto. The clerk shall be entitled to fifty cents for his trouble in each case, besides the usual taxed fees which are allowed in other cases for like services: Nothing herein contained shall prevent the clerk from instituting suits on said bonds, in the ordinary mode of judicial proceedings, if he shall deem it proper." Form of Oath to be administered to Witnesses. You do swear that you will true answers make to such questions as may be asked you touching the present complaint against C. D. So help you God. Form of Bond for Costs. Know all men by these presents, that we, A. B., E. F., and G. H., of, in the county of and State of Illinois, are held and firmly bound unto Augustus B. Coates, clerk of the Circuit Court of Lake County, in said State of Illinois, and to his successors in office, in the penal sum of dollars, to be paid to the said clerk as aforesaid, or his successors in office, to which payment well and truly to be made, we jointly and severally bind ourselves, our heirs, executors and administrators firmly, by these presents. Sealed with our seals, dated this day of hundred and fifty Whereas the said A. in the year of our Lord, one thousand eight B. has this day made complaint, on oath, against C. D., before L. M., Esquire, a justice of the peace of the said county of Lake, that the said C. 18-, at in the county of D., on the -day of and State of Wisconsin (set D. hath fled from justice, and out the offense,) and that the said C. has prayed that a warrant issue for the apprehension of the said C. D. Now, therefore, the condition of the obligation is such, that if the said A. B. shall well and truly pay all costs, which may accrue from the arrest and detention of the said C. D., then the obligation to be void, otherwise to be and remain in full force and effect. The People of the State of Illinois to any Constable of said County: Whereas, A. B. hath this day made complaint on oath, (or “affirmation") before L. M., Esquire, one of the justices of the peace of said county, that C. D., on the day of 18-, at in the county of, and State of Wisconsin, (here set out the offense,) and that the said C. D. hath fled from justice: We therefore command you forthwith to take said C. D., and bring him before the said L. M., Esquire, to be dealt with according to law. Hereof fail not at your peril. Witness, the said L. M., Esquire, at, in the said county, the |