To A. B., of, Esq., one of the justices of the peace in and for the county of C: C. D., of, in said county, on the day of in the year of our Lord one thousand eight hundred and fifty-, in behalf of said State, on oath complains, that [on, &c. at, &c. the following goods to wit; one silver watch of the value of twenty dollars, of the goods and chattels of the said C. D. then and there in the possession of the said C. D. being found, were feloniously taken, stolen and carried away, against the peace of the State, and contrary to the form of the statute in such cases made and provided; and the said C. D. hath probable cause to suspect and doth suspect that E. F. of, &c. did feloniously take, steal and carry away the goods and chattels aforesaid.] [If the offence be within the final jurisdiction of the magistrate, instead of that between the brackets, insert as follows:] That E. F. &c. heretofore, to wit; on, &c. at, &c. one silver watch of the value of five dollars of the goods and chattels of him the said C. D. then and there in the possession of said C. D. being found, feloniously did steal, &c. against the peace of the State and contrary to the form of the statute in such cases made and provided. C. D. day of aforesaid, the said C. D. makes oath, that the above complaint, by him signed, is true. A. B., justice of the peace. C-, ss. On the Before me, [L. S.] C-, ss. To the sheriff of our county of C-, or either of his deputies, or to any constable of the town of county, within said Greeting. Whereas C. D., of, in said county, on the day of A. D. 185—, in behalf of said State, on oath complained before me, one of the justices within and for said county, that [here describe as in the complaint.] 1 Therefore, in the name of said State, you are commanded to apprehend, forthwith, the said E. F., if he may be found in your precinct, and him bring before me, A. B., one of the justices of the peace for said county, or some other justice of the peace within and for said county, to answer to the complaint aforesaid. You are also alike commanded to summon the complainant and G. H. and J. S., as witnesses to appear and give evidence touching the matter of said complaint, when and where you have the said E. F. Given under my aforesaid, this day of A. B., justice of the peace. 3. Recognizance of a Party for further Examination. STATE OF MAINE. C-, ss. Be it remembered that on the day of, &c. E. F. of, &c. as principal, and J. M. and R. S. as sureties, personally appeared before me, A. B., Esquire, one of the justices of the peace for the said county of C, and acknowledged themselves to be severally indebted to the State of Maine, in the sum of dollars, to be levied on their goods or chattels, lands or tenements, and in want thereof upon their bodies, to the use of the said State, if default be made in the performance of the condition here under written. The condition of the above written recognizance is such, that whereas, C. D. hath complained against said E. F., for that, &c. and a warrant has been duly issued thereon, and the said E. F., hath been brought before me on said warrant to answer said complaint, and I have this day adjourned the examination [or trial] of the said E. F., to, &c. at, &c.; now if the said E. F., shall personally appear before me at, &c. on, &c., then and there to answer to such matters and things as shall be objected against him on the behalf of said State, then the above written recognizance to be void and of none effect otherwise to abide in full force, power and virtue. 4. Attest. A. B. justice of the peace. Mittimus for not so Recognizing. STATE OF MAINE. C-, ss. To the sheriff of the county of C-, his deputies, and the constables of the town of in said county, and the keeper [L. S.] of the common jail at, in the county of C-, Greeting. Whereas, E. F. of, &c. has been this day brought before me, A. B., one of the justices of the peace in and for said county, by virtue of a warrant issued against him on the complaint of C. D., who therein, upon oath, says, that, &c. [setting out the complaint] and whereas I have adjourned the said examination of the said E. F. to, &c. at, &c. and have ordered the said E. F. to recognize in the sum of, &c. for his appearance at such time and place; and the said E. F. hath not so recognized. You, the said sheriffs and constables, are, therefore, hereby required, in the name of the State of Maine, to take the said E. F. and him carry to the jail for said county, and him deliver to the keeper thereof, together with this warrant. And the said keeper is alike required to receive the said E. F. into his custody in said jail, for want of sureties until the said day, &c. or until he be otherwise discharged by due course of law. Given under my hand and seal at in the year, &c. &c. this day of A. B. justice of the peace. If the same officer who committed the party is required to bring him up, the order may be given verbally. If not, it should be in writing. 5. Order for bringing the Prisoner up for further Examina tion. C-, ss. To the keeper of the State's jail in the said county of CGreeting. You are hereby required, forthwith, to bring E. F., a prisoner in your custody, before me, the subscriber, one of the justices of the peace for the said county of C-, at my dwelling house, in said ——; for at my office, &c.] for further examination. A. B. justice of the peace. 6. Subpœna for Defendant's Witnesses. C-, ss. To J. K., of, &c. Greeting. E. F., &c. brought before me on the complaint of C. D. having requested me to grant a summons for your attendance at his examination on said complaint : You are hereby required, in the name of the State of Maine, upon payment of your legal fees, to make your appearance before me A. B., a justice, &c. at my office in, in said county, forthwith, to give evidence of what you know relating to said complaint. Hereof, fail not, as you will answer your default under the pains and penalties by law in that behalf made and provided. Dated at Lord, &c. aforesaid the day of in the year of our A. B. justice of the peace. 7. Capias for a Witness. STATE OF MAINE. C—, ss. To the sheriff, &c. or to any constable, &c. Greeting. [L. s.] Whereas E. F. has been brought before me, A. B., a justice &c. on the complaint of C. D., &c.; and whereas, at the request of said C. D., I granted a summons to J. K. of, &c. requiring him to appear, &c.; and it has been made to appear to me that due service. thereof has been made, and the fees of the said J. K. paid (or tendered) and the said J. K. hath not appeared, and hath thereby committed a contempt of this court. You are hereby required to take the body of the said J. K. (if he may be found in your precinct) and forthwith bring him before me, the said justice, to answer to the said charge of contempt, and to give evidence of what he knows relating to said complaint. Hereof fail not, and make due return, &c. A. B. justice of the peace. 8. Commitment of Witness for refusing to give Evidence. STATE OF MAINE. C-, ss. To the keeper of the State's jail in last Greeting. [L. S.] Receive into your custody the body of J. K. herewith sent you, brought before me. A. B. Esquire, one of the justices, &c. For that he, the said J. K. having knowledge that a certain larceny was committed of the property of one C. D. on the day of past, at, &c. and touching which the said J. K. can give material evidence, hath refused to be examined on oath respecting the same, the said J. K. therefore, you are safely to keep in your said custody, until he shall submit to be examined touching the said larceny, or shall be discharged by due course of law; and for so doing this shall be your sufficient warrant. Given under my hand and seal this our Lord one thousand, &c. the day of in the year of A. B. justice of the peace. 9. Examination of the Complainant. in the said county, C-, ss. to wit. The information of C. D. of taken upon oath before me, A. B. Esquire, one of the justices &c. on day of in the year, &c. in the presence and hearing of E. F., charged before me by C. D. of [state the offence as contained in the information or complaint] which said C. D. on his oath aforesaid, before me the said justice, in the presence and hearing of the said E. F. saith that [here state the evidence fully.] Taken before me the day and year above mentioned. 10. A. B. justice of the peace. Examination of the Prisoner. C-, ss. to wit. The examination of E. F. of ▬▬▬▬▬▬▬▬ taken before me one of the justices &c. on the in the year, &c. the said E. F. being charged before me by C. D. of &c. he the said E. F. upon his exam ination now taken before me saith, that, [set forth the substance of prisoner's statement] E. F. [Prisoner's signature.] Taken before me the day and year above mentioned. A. B., justice of the peace. 11. Record of an Order to Recognize. STATE OF MAINE. day of C-, ss. At a court held before me, A. B., Esquire, one of the justices, &c. at my office in in said county, on this in the year of our Lord one thousand eight hundred and State, on complaint of C. D. vs. E. F. The complaint, under oath, of C. D., shows that heretofore, to wit: on the day of -, the following goods, to wit: one silver watch of the value of twenty dollars of the goods and chattels of the said C. D., then and there in the possession of the said C. D. being found, was feloniously taken, stolen, and carried away, against the peace of the State, and contrary to the form of the statute in such case made and provided, and the said C. D. had probable cause to suspect, and did suspect that E. F. of, &c. did feloniously take, steal, and carry away the goods and chattels aforesaid, as by complaint on file, dated, &c. more fully appears: Whereupon, it appearing that such an offence had been committed, a warrant was duly issued by me, the said justice, according to law. On the -day of the said E. F. was brought before me, and said complaint was read to him, and, being asked whether he was guilty or not guilty, he then said he was not guilty, and the examination was thereupon adjourned to, &c. And the said E. F. recognized with sureties for such further examination (or was committed to prison for want of recognizance for, &c.) On the day of, &c. after hearing divers witnesses duly sworn to testify the whole truth, and fully understanding the defence of the respondent, and it thereupon appearing to me that there is probable ground to believe that the said E. F. is guilty of the offence charged upon him in said complaint, it is therefore considered and ordered by me the said justice that the said E. F. recognize to the State in the sum of with sureties in the like sum, for the appearance of the said E. F. at the district court next to be held, &c. And the said E. F. enters into such recognizance (or the said E. F. not offering sufficient bail, is committed to prison for trial.) the C—, ss. A. B., justice of the peace. 12. Bill of Costs. State, on complaint of C. D. vs. E. F. Before A. B., Esquire, a justice of the peace in and for said county, day of, A. D., 185-. |