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sureties, all of, in the county of - personally appeared before me, J. S. H., esquire, a trial justice in and for the county of —, and acknowledged themselves to be jointly and 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 said State, if default be made in the performance of the condition hereunder written.

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The condition of this recognizance is such, that, whereas, on day of ; A. D. -, one J. C. was brought before me, a trial justice in and for the county of, at -, in said county of -, by virtue of a warrant in due form issued under the hand and seal of me, the said justice, on complaint under oath of one J. B., wherein the said J. B. complained that [here recite the substantive allegations in the complaint], and having been arraigned on said complaint was convicted of the offense therein set forth and ordered by me, the said justice, to pay the sum of dollars, to and for the use of this State, and costs of prosecution taxed at dollars, and that he stand committed until said sentence be performed, from which sentence the said J. C. appealed to the supreme judicial court next to be holden at -, in and for said county of on the , day of, A. D. -, and was thereupon ordered by me, the said justice, to recognize, with sufficient sureties, to appear at said court and there prosecute his appeal.

And whereas the said A. B. was duly sworn as a witness for said State, before me, the said justice, in the trial of said complaint, and his testimony deemed by me material therein, and was then and there ordered by me, the said justice, to recognize, with sufficient sureties, in said sum to appear at a supreme judicial court next to be holden at -, in the county of -, on the day of , A. D., then and there to give evidence in behalf of said State touching the matters contained in said complaint. Now, therefore, if the said A. B. shall personally appear at the court aforesaid, then and there to give evidence relative to the matters contained in said complaint and not depart thence without license, then this recognizance to be void; otherwise to remain in full force. J. S. H., Trial Justice.

18. Mittimus to State Reform School.

STATE OF MAINE.

[Name of county]. ss. To the sheriff of the county of -, or his deputies, the constables of, in said county, and to the superintendent of the State Reform School, situated in Cape Elizabeth, in the county of Cumberland, and to the keeper of the jail in the county of GREETING.

[L. S.] You, the said sheriff, deputies, and constables, are hereby commanded, in the name of the State of Maine, forthwith to convey and deliver into the custody of the superintendent of said State Reform School, J. C., of, in the county of, a minor between the ages of eight and sixteen years, not deaf and dumb, non compos, or insane, brought before me, a trial justice in and for the county of —, at —, in said county of -, on the ― day of by virtue of a warrant in due form of law, issued

-, A. D.

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under the hand and seal of me, the said justice, on the complaint under oath of J. B., of in the county of yeoman, who therein complains that [here recite the substantive allegations in the complaint]; upon which complaint the said J. C., having been then and there arraigned by me, the said justice, pleaded thereto that he was not guilty; and, whereas, after hearing the testimony of divers witnesses in relation thereto, and fully understanding the defense of the said J. C., it then and there appeared to me, the said justice, that the said J. C. was guilty. Whereupon it was then and there considered and ordered by me, the said justice, that the said J. C. be sentenced to said State Reform School, there to be kept, disciplined, instructed, employed, and governed, under the direction of the board of trustees thereof, during the minority of the said J. C.; or if the said J. C. is not received or kept there for the full term of his said sentence, unless sooner discharged by the trustees of said State Reform School in accordance with the provisions of section seven of chapter one hundred and forty-two of the Revised Statutes, to imprisonment in the jail at —, in said county of for the term of months, and pay the costs of prosecution taxed at dollars.

And if the trustees of said Reform School or the superintend ent thereof deems it inexpedient to receive the said J. C., or if the said J. C. is found incorrigible, or his continuance in said school is deemed injurious to its management and discipline, and if the said trustees shall certify the same upon this mittimus, and the said mittimus, together with said J. C., shall be delivered to the sheriff or his deputy of the county of -, to the constables of the town of -, in said county, you, the said sheriff, deputies, and constables, to whom the same shall be delivered, are hereby commanded thereupon to convey and deliver the said J. C. into the custody of the keeper of said jail, in pursuance of said alternative sentence.

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And you, the said keeper of said jail, are hereby required, in the name of the State of Maine, to receive the said J. C. into your custody in said jail, and him there safely keep until the expiration of said term, or until he be otherwise discharged by due course of law. Hereof fail not at your peril. Given under my hand and seal, at day of, in the year, &c.

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19. Bill of costs.

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in the county of -> on J. S. H., Trial Justice.

STATE OF MAINE.

on the

[Name of county], ss. State, on complaint of J. B., of, v. J. Č., of Before J. S. H., esquire, a trial justice in and for said county of, on the day of, A. D., for the crime of At a court holden by me at in said county of day of, A. D., J. C., of - in the county of, was tried by me for the crime of and was by me, the said justice, -, esquire.

Complaint received by

COSTS.

Receiving complaint and issuing warrant, .50

Subpoena,

Travel (1 mile),

.10

.12

Entry, swearing witnesses, &c.,

Mittimus,

Copies (4 pages),

.75

.25

.48

Travel in return'g papers to court (10 miles), 1.20

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4 copies (1 page each),

Summoning (4 witnesses),

.50

.40

1.00

.48

Travel for summoning witnesses (4 miles), .32
Conveyance of prisoner (5 miles),

Attending court (24 hours),

Aid (1 day),

Travel of aid (5 miles),

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1.00

1.50

1.00

.40

.98

.86

J. S. H., Trial Justice.

PROCEEDINGS IN EXAMINATION.

The general form of the complaint, the warrant, the officer's return, the warrant to recognize for further examination, subpoena for witnesses, and recognizance of witnesses, are equally adapted to cases where the justice has. jurisdiction only to bind over for trial, as to those which he has authority to try.

The record of examination, recognizance for appearance at court, and mittimus, are different.

20. Record of examination.

STATE OF MAINE.

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[Name of county], ss. Be it remembered, that before me, a trial justice, in and for said county of, on the day of —, A. D. —, J. C., of —, in the county of -, laborer, is brought at in, in said county, by virtue of a warrant in due form of law, issued under the hand and seal of me, the said justice, at - in said county, on the day of, A. D., on the complaint under oath of J. B., of, in the county of, yeoman, wherein the said J. B. complains as aforesaid, that [here recite the substantive allegations in the complaint], upon which complaint the said J. C., being arraigned, and being asked by me, the said justice, if he is guilty or not guilty in manner and form as is alleged in said complaint, saith that he is not guilty. But after hearing the testimony of divers witnesses, duly sworn, and fully hearing and understanding the defense of the said J. C., it appears to me, in the whole examination, that the offense set out in said complaint is committed, and that there is probable cause to charge

the accused of the commission of said offense, and that the said offense is not within the jurisdiction of me, the said justice, to try.

It is therefore considered and ordered by me, the said justice, that the said J. C. shall personally appear at the supreme judicial court, to be holden at, in and for the county of -, on the day of A. D. —, then and there to answer to said accusation, and abide the order of said court thereon, and to recognize with sufficient sureties, in the sum of dollars, agreeably to said order, to personally appear at said court, to be holden as aforesaid, then and there to answer to said accusation, and abide the order of the said court thereon; and the said C. enters into such recognizance [or not offering sufficient bail is committed to prison for trial].

Attest,

J. S. H., Trial Justice.

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21. Recognizance for appearance at supreme judicial court. [Same as No. 13 to *, then] The condition of this recognizance is such, that, whereas, on the day of, A. D., the said J. C., of, in the county of laborer, was brought before me, a trial justice, in and for the county of -, at -, in said county of by virtue of a warrant in due form of law, issued under the hand and seal of me, the said justice, at in the county of -, upon the complaint, under oath, of J. B., of in the county of -, yeoman, wherein the said J. B. complains that [here insert the substantive allegations of the complaint]; upon which complaint the said J. C. having been then and there arraigned by me, the said justice, pleaded thereto that he was not guilty; and whereas, after hearing the testimony of divers witnesses in relation thereto, and hearing and fully understanding the defense of the said J. C., it then and there appeared to me, the said justice, on the whole examination, that the offense charged in said complaint was committed, and that there is probable cause to charge the said J. C. with the commission of said offense; whereupon, the said offense not being within the jurisdiction of me, the said justice, to try and punish, the said J. C. was then and there by me, the said justice, ordered to personally appear at the supreme judicial court, to be holden at, in and for the county of ; on the day of —, A. D. —, then and there in said court to answer to said accusation, and abide the order of said court thereon, and to recognize with sufficient sureties, in the sum of dollars, that he, the said J. C., shall, agreeably to said order, personally appear at said court, to be holden as aforesaid, then and there to answer to said accusation, and abide the order of the said court thereon. Now, therefore, if the said J. C. shall personally appear at the said court, to be holden as aforesaid, and then and there in said court answer to said accusation, and abide the order of said court thereon, then this recognizance shall be void; otherwise shall remain in full force.

J. S. H., Trial Justice.

22. Mittimus for not recognizing.

STATE OF MAINE.

[Name of county], ss.

To the sheriff of the county of, his deputies, or to the constables of the town of —, and to the keeper of the jail in the said county of GREETING. [L. S.] You the said sheriff, deputies, and constables, are hereby commanded, in the name of the State of Maine, forthwith to convey and deliver into the custody of the keeper of said jail, J. C., of, in the county of -, [addition] brought before me, a trial justice, în and for said county of, at, in said county of -, on this day of, A. D., by virtue of a warrant in due form issued under the hand and seal of me, the said justice, on the complaint under oath of J. B., of, in the county of, [addition] who therein complained that [here recite the substantive allegations in the complaint] upon which complaint, after being arraigned the said J. C. pleaded that he was not guilty, and, after hearing the testimony of divers witnesses and fully understanding the defense of the said J. C., it then and there appeared to me, the said justice, on the whole examination, that the offense charged in said complaint was committed, and that there was probable cause to charge the said J. C. with the commission of said offense; * whereupon, the said offense not being within the jurisdiction of me, the said justice, to try and punish, the said J. C. was then and there by me, the said justice, ordered to personally appear at the supreme judicial court, to be holden at, in and for the county of, on the day of, A. D., then and there in said court, to answer to the accusation set forth in said complaint and abide the order of said court thereon and recognize with sufficient sureties in the sum of dollars, agreeably to said order, to personally appear at said court, to be holden as aforesaid, then and there to answer and abide as aforesaid. And the said J. C. has neglected and refused to recognize for his appearance as aforesaid.

And you, the keeper of said jail, in the name of the State of Maine, are hereby commanded to receive the said J. C. into your custody in said jail, and him there safely keep until he shall comply with said order or be otherwise discharged by due course of law.

the

Hereof fail not at your peril.

Given under my hand and seal at -, day of, in the year, &c.

Return.

in the county of —, on J. S. H., Trial Justice.

[Name of county], ss., [date]. By virtue of the within precept, I have committed the within-named J. C. to the jail in county of

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- in said L. D. S., Sheriff.

23. Recognizance taken before two justices of the peace and quorum after commitment, under R. S. c. 133, § 16.

[Same as No. 13 to *, substituting "us, A. B. and W. K. K., esquires, two justices of the peace and quorum" for “me, J. S. H., esquire, a trial justice," then]

The condition of this recognizance is such that, whereas, on

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