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stances of the case- -as, the character of the party, the nature of the offense charged, the state of the country, &c.1

As no time is prescribed in the warrant within which it is to be executed, it continues in force until fully executed, during the term of office of the magistrate who granted it. And it is said that a person may be twice apprehended under it, if the purposes of justice have not been effected. In case of a negligent escape, the prisoner may be retaken. Otherwise, however, if the escape be voluntary. It is unquestionably the duty of the officer to act according to the exigency of his process, which is, "forthwith to take the person accused," if practicable. If the officer should willfully neglect his duty in this respect, he would doubtless render himself liable to be punished criminally. And should any person having charge of such process, misconduct himself by keeping it back, to be afterwards made use of for vexatious or improper purposes, he may subject himself to an action for a malicious prosecution, at the suit of the party aggrieved.2

(1) 1 Nun. & Walsh, 203.

(2) See Barb. Crim. L. 532.

CHAPTER V.

OF FEES AND COMPENSATIONS ALLOWED TO CONSTABLES IN BOTH CIVIL AND CRIMINAL CASES.

CONSTABLE'S FEES IN CRIMINAL CASES.

Rev. Stat. 247, Sec. 18.

"For serving a warrant on each person

named therein, twenty-five cents.

Mileage, to be computed from the office of the justice who may have issued the same, to the place of service, for each mile, six and a fourth cents.

Serving each subpoena, twelve and a half cents.

Mileage from the justice's office to the residence of the witness, per mile, six and a fourth cents.

Taking each person to jail when committed, twenty-five cents. Mileage from the justice's office to the jail, per mile, six and a fourth

cents.

For summoning jury in case of assault and battery, fifty cents.

But in all cases where the defendant shall be acquitted, or otherwise discharged, without the payment of costs, the constable shall not be entitled to any fees."

CONSTABLE'S FEES IN CIVIL CASES.

Rev. Stat. 247, Sec. 19.

or summons, twenty-five cents.

"Serving and returning each warrant

Serving and returning each subpoena, twelve and a half cents.
Serving and returning execution, fifty cents.

Advertising property for sale, twenty-five cents.

Commission on sales not exceeding ten dollars, ten per centum, and on all sales exceeding that sum, six per centum.

Attending trial before a justice in each jury cause, twenty-five cents. Serving jury warrant in each case, fifty cents.

Each day's attendance on the circuit court, when required to be paid out of the county treasury, one dollar.

Mileage, when serving a warrant, summons or subpoena, from the justice's office to the residence of the defendant or witness, per mile, five cents.

For serving warrant on appraisers in cases of estrays, &c., twenty: five cents."

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Indenture of Apprenticeship of a Minor, with the consent of the father.

THIS INDENTURE, made and entered into this first day of June, A. D. 1855, by and between A. B. a minor, of the age of eighteen years on the eighth day of March last, of his own free will and accord, and by and with the consent of E. B., his father, of the county of McHenry, and State of Illinois, of the one part, and C. D. of Waukegan, in the county of Lake and State aforesaid, of the other part, witnesseth:

That the said A. B. hath placed and bound himself apprentice to the said C. D., to learn the trade of a Painter, and to dwell with the said C. D., continue with and serve him for the term of three years from the date hereof, until the said A. B. shall have attained the age of twentyone years, to wit, until the eighth day of March, A. D. 1858. And the said A. B. on his part, hereby agrees, that during the said term, he

will well and faithfully serve the said C. D., keep his secrets, and obey his lawful commands; that he will do no hurt or damage to his said master in his goods, estate, or otherwise, nor willingly suffer any to be done by others, and whether prevented or not, shall forthwith give notice thereof to his said master; that he will not inordinately embezzle or waste the goods of his said master, nor lend them without his consent, to any person or persons whatsoever; that he will not play at cards, dice, or any other unlawful games; that he will not contract matrimony during said term, or haunt or frequent groceries, tippling houses, or places of gaming; and that he will not at any time, by day or night, depart or absent himself from the service of his said master, without his leave, but will, in all things, as a good and faithful apprentice, demean and behave himself to his said master during said term.

And the said C. D. on his part, hereby agrees, in consideration of one dollar to him paid, the receipt whereof is hereby acknowledged, to teach and instruct the said A. B. in the art of Painting, or otherwise cause him to be well and sufficiently instructed in said art; that he will find and allow unto the said A. B., meat, drink, washing, lodging and apparel, both linen and woolen, and all other things necessary in sickness and in health, meet and convenient for such an apprentice, during the term aforesaid.

And the said C. D. hereby further agrees, in pursuance of the statute in such case made and provided, that he will teach, or cause to be taught, the said A. B., within said term, to read and write, and the ground rules of arithmetic; and at the expiration of said term of service, will give unto the said A. B., a new bible, and two new suits of clothes suitable to his condition in life.

In witness whereof, the said A. B. and the said E. B., father of the said A. B. and the said C. D., have to this and one other indenture of the same tenor and date, set their hands and seals the day and year first above written.

Signed and sealed in

presence of

}

A. B. [SEAL.]

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Form of Indorsement on Indenture of Apprenticeship, when futher covenants for faithful performance of his son.

In consideration of the within mentioned agreements of the said C. D., I do hereby separately covenant and agree with the said C. D.,

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