Form of warrant for good behavior against a person not of good fame.

State of Illinois,

La Salle county, S ss. The people of the state of Illinois to any constable of the said county:

Whereas, we are given to understand, by the information and testimony of A. B. and G. H., under oath, this day taken before Jabez Fitch, Esquire, one of the justices of the peace in and for the said county, that C. D., of Ottawa, in the said county, is not of good fame, but an evil doer, (or “a rioter, barrator," &c., or any one of these or the like causes,) and a common disturber of the peace, and have demanded that the said C. D. be required to give security for his good behavior, and the said justice of the peace being satisfied, by the oath of the said A. B. and G. H., of the bad character of the said C. D., and that he is not a person of good fame:

Therefore, we command you that, immediately upon receipt. hereof, you bring the said C. D. before the said justice, at his office in the town of Ottawa, in the said county, to give good and sufficient security, as well for his personal appearance at the next circuit court to be held in and for the said county, on the first day thereof, as, also, for his being in good behavior, in the mean time, towards all the people of this state, according to the form of the statute in such case made and provided. Witness, the said Jabez Fitch, Esquire, at Ottawa, in the said county, the day of Jabez Fitch.

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Form of warrant for the peace upon a supplicavit.

State of Illinois,

La Salle County, ss. The people of the state of Illinois to any constable of said county:

Whereas, the writ of the people of the state of Illinois, issued out of, and under the seal of, the circuit court of La Salle county, has lately been directed and sent to Jabez Fitch, Esquire, one of the justices of the peace of the said county, and by him received, to compel C. D., of Ottawa, in the said county, to give good and sufficient security to keep the peace towards all the people of this state, and particularly towards A. B., for that the said A. B. hath made oath in said court, that the said C. D. hath lately threatened to beat [wound, maim, or kill, &c.,] him, and is afraid that the said C. D. will execute said threats, (or the whole writ may be recited.)

Therefore, we command you that, immediately upon receipt hereof, you cause the said C. D. to come before the said justice at his office in the town of Ottawa, in the said county, to give good and sufficient security, as well for his personal appearance at the next term of the circuit court, to be he'd in

and for the said county, on the first day thereof, as, also, for his keeping the peace, in the meantime, towards all the people of the state, and particularly towards the said A. B. Witness, the said Jabez Fitch, Esquire, at Ottawa, in the said county, the day of Jabez Fitch.

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This writ is seldom used, for, when application is made to the superior courts, they usually take the recognizance there.

Form of recognizance for the peace or good behavior.

State of Illinois,

La Salle County, S ss. Be it remembered, that, on this day of 18 C. D. of Ottawa, in the said county, and E. F. and I. J. of in the said county, personally come before me, Jabez Fitch, Esquire, one of the justices of the peace in said county, and severally and respectively acknowledge themselves to owe to the people of the state of Illinois, to wit, the said C. D. the sum of dollars, and the said E. F. the sum of dollars, and the said I. J. the sum of dollars, to be respectively made and levied of their several goods and chattels, lands and tenements, to the use of the said people, if default shall be made in the condition following:

The condition of this recognizance is such, that, if the said C. D. shall personally be and appear at the next circuit court, to be held in and for the said county of La Salle, on the first day thereof, to do and receive what shall then and there be enjoined on him by the court, and, in the mean time, shall keep the peace (or "be of good behavior") towards all the people of this state, and particularly towards A. B., then this recognizance to be void, else to remain in full force. Taken, subscribed, and acknowledged

the day and year first above written, before me

Jabez Fitch.

Form of mittimus for want of sureties.

State of Illinois,

C. D.

E. F.

I. J.

La Salle county, 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 Jabez Fitch, Esquire, one of the justices of the peace of the said county, and made oath that he is afraid that C. D., of Ottawa, 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 Jabez Fitch, Esquire, at Ottawa, in the said county, the day of

State of Illinois,

Form of a supersedeas.

18 Jabez Fitch.

La Salle county, S ss. The people of the state of Illinois to any sheriff, constable, and all other persons in the said county: Whereas, C. D. of Ottawa, in the said county, hath personally, come before Jabez Fitch, Esquire, one of the justices in and for the said county, and hath found good and sufficient security, that is to say, E. F. and I. J., both of Ottawa, in said county, either of whom hath undertaken for the said C. D., under the penalty of dollars, and he, the said C. D., hath undertaken for himself, under the penalty of dollars, that he, the said C. D., shall personally appear at the next term of the circuit court, to be held in and for the said county, on the first day thereof, and, in the mean time, to keep the peace (or "be of good behavior") towards all the people of this state, and particularly towards A. B.

We, therefore, command you, and every of you, that you forbear and surcease to arrest, take, and imprison him, the said C. D., and if you have, for the said occasion, and for none other, taken and imprisoned him, that then him you deliver, or cause to be delivered and set at liberty, without further delay. Given under the hand and seal of the said Jabez Fitch, Esquire, at Ottawa, in the said county, the day of 18 Jabez Fitch. [L. S.]

State of Illinois,

Form of release.

18

La Salle county, S ss. Be it remembered, that A. B., of Ottawa, in the said county, on the day of came before me, Jabez Fitch, one of the justices of the peace of the said county, and then remised and freely released to C. D. of Ottawa, in said county, the security for the peace (or "good behavior") by him, the said A. B., before me demanded against the said C. D. In testimony whereof I, the said Jabez Fitch, Esquire, have hereunto set my hand and seal, this day of Jabez Fitch. [L. S.]

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Or, if the release is given before another justice, then say, "the security for the peace (or 'good behavior') which he has against C. D., of Ottawa, in the said county. In testimony," &c.

The release will not discharge the recognizance or the appearance of the party bound thereby, but that he must appear according to the condition thereof for the safeguard of his recognizance; yet it will be good inducement to the court. into which the recognizance is certified to discharge it.

Form of liberate to discharge one committed for want of sureties.

State of Illinois,

La Salle county, S ss. 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 Ottawa, in said county, for not giving good and sufficient security as well for his personal appearance at the next term of the circuit court to be 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 Jabez Fitch, 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 Ottawa, in the said county, the day

of

18

Jabez Fitch. [L. S.]

OF

CHAPTER X.

FUGITIVES FROM JUSTICE OF OFFENDERS UNDER THE LAWS OF THE UNITED STATES-AND OF THE DELIVERING UP PERSONS HELD TO SERVICE OR LABOR, ESCAPED FROM ONE STATE TO ANOTHER.

1. OF FUGITIVES FROM JUSTICE.

THE duty of one nation to arrest and deliver up to another fugitives from justice who have committed felony or other high crimes in the nation from which they had fled, has been long recognized as resting on plain principles of justice and public utility. Such is the law of nations, which has been frequently declared to be part of the common law of England. 1 Kent's Com., 37. 3 Burr, 1481. 4 Burr, 2016. This law or usage of nations, it seems, extended only to high crimes; but the exact degree of criminality, or the particular crimes, were not defined.

By Art. IV., Sec. 2. of the constitution of the United States, it is declared that "a person charged in any state with treason, felony, or other crime, who shall flee from justice, and be found in another state, shall, on demand of the executive authority of the state from which he fled, be delivered up, to be removed to the state having jurisdiction of the crime."

The offences committed by fugitives from other states over which justices of the peace have cognizance, have been specially defined by the legislature of this state.

By the 4th sec. of an act concerning fugitives from justice, Gale's Stat., 318, it is provided that, "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 counterfeiting, 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 offence 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 offence 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