JUSTICE COURT.
I. Civil Suit.
SUMMONS.
State of _____, }ss.
County of ____ }
[Footnote: This brace of lines, giving the state and county as introductory to a process, certificate, affidavit or other paper, is called a "venue," and should be inserted wherever the word (Venue) is expressed in forms given hereafter.]
The state of _______ to the sheriff or any constable of said county:
You are hereby commanded to summon A.M., if he shall be found in your county, to be and appear before the undersigned, one of the justices of the peace in and for said county, on the ___ day of _____ 18_____, at ___ o'clock in the ____noon, at my office in the ____, in said county, to answer to J.T. in a civil action; and have you then and there this writ.
Given under my hand this ___ day of ___, A.D. 18_____.
W.D.D., Justice of the Peace.
CONSTABLE'S RETURN.
(Venue as in Summons.)
I hereby certify that I personally served the within summons upon the within named defendant, by reading the same to him, in said county, on the __ day of _________, 18_____.
Fees—Mileage, 8 miles, - - .80
Service, - - - - - - - - - .15
—
.95
G.M.G., Constable.
COMPLAINT.
State of ______} ss. In Justice Court,
County of ____} Before W.D.D., Justice of the Peace.
J.T., plaintiff,
against
A.M., defendant.
[Footnote: All the affidavits, pleadings, and other papers filed by parties in an action should be "entitled," that is to say, should begin with a caption similar to the above, giving the state and county, name of justice, and the names of the parties, plaintiff and defendant, to the action. This caption (title of cause) is to be inserted in every form given hereafter, wherever it is so expressed.]
The complaint of the plaintiff shows to this court that at ___, in the state of ___, on the _____ day of ____, 18___, the defendant made his promissory note in writing, dated on that day, and thereby promised to pay to the plaintiff (one year after date) the sum of (eighty) dollars, for value received, with interest thereon from the said date at the rate of (ten) per cent, per annum until fully paid, and delivered the same to the plaintiff.
That the plaintiff is now the holder and owner of said note; that the same has not been paid, nor any part thereof; but the defendant is now justly indebted to the plaintiff thereon in the sum of (eighty) dollars, with interest as aforesaid.
Wherefore, the plaintiff demands judgment against the defendant for the sum of (eighty-nine) dollars and (sixty) cents, with costs of suit.
J.T. (Venue.)
J.T., the plaintiff (or defendant) in this action, being duly sworn, says that the foregoing complaint (or answer, or reply,) is true, to his own knowledge, except as to those matters stated on his information and belief, and as to those matters, that he believes it to be true.
J.T. (Jurat.)
ANSWER.
(Title of cause.)
The answer of the defendant to the complaint herein, shows to this court:
1. That he admits the making and delivering of the note therein stated, but denies each and every other allegation therein contained.
2. And for a further defense this defendant shows that on the _____ day of _________, 18_____, he bought (a horse) of the plaintiff for the sum of (one hundred and thirty) dollars, and paid him (fifty) dollars in money, and the note of (eighty) dollars described in the complaint; which (horse), by the contract of sale, the plaintiff warranted to the defendant to be sound; and the defendant further states that the said (horse) was unsound at the time, whereby the defendant sustained damage in the sum of (one hundred) dollars.
Wherefore he asks that said amount of damage be set off against the amount of said note, and demands judgment for the balance of (twenty) dollars, besides costs of suit.
A.M. (Verified.)
REPLY.
(Title of cause.)
The reply of the plaintiff to the facts set forth in the answer of the defendant, denies each and every allegation therein contained.
J.T. (Verified.)
ADJOURNMENT.
(Title of cause.)
(Venue.) A.M., being duly sworn, says, that he is the defendant in this action; that J.C.S., who resides in the town of _________, in said county, is a material witness for this defendant, without whose testimony he cannot safely proceed to the trial of this action; that the said J.C.S., if examined as a witness on the trial, will testify that he was present at the time the horse mentioned in the answer was purchased, and heard the plaintiff say to the defendant, "the horse is sound, and I warrant him so;" that he heard this defendant reply, "well, I shall rely entirely upon your warranty;" and that thereupon defendant gave his note for the balance of the purchase money of the horse.
That on the _____ day of _________, 18_____, he procured a subpoena for the said J.C.S., and went with the same to his residence to serve the same, when he there learned for the first time that said J.C.S. had unexpectedly left home the day before and had gone to _________, in the state of _________, to be absent (three) weeks. That he knows of no other person by whom he can prove these facts; and that he expects to be able to procure the attendance of said J.C.S. as a witness on the trial, if this cause is adjourned for (thirty) days.
A.M.
(Jurat.)
SUBPOENA.
State of ____, } ss.
County of ___}
The State of _________ to J.K., J.L. and G.G.:
You are hereby required to appear before the undersigned, one of the justices of the peace in and for said county, at my office in the town of _________, on the _____ day of _________, 18_____, at _____ o'clock in the _________ noon of said day, to give evidence in a certain cause then and there to be tried between J.T., plaintiff, and A.M., defendant, on the part of the plaintiff (or defendant.)
Given under my hand this _____ day of _________, 18_____.
W.D.D., Justice of the Peace.
ATTACHMENT AGAINST WITNESS.
(Venue.)
The State of _________ to the sheriff or any constable of said county:
You are hereby commanded to attach the body of S.K.B., if he shall be found in your county, and bring him forthwith before the undersigned, one of the justices of the peace in and for said county, at my office in the town of _________, in said county, to give evidence in a certain cause now pending before me, between J.T., plaintiff, and A.M., defendant, on the part of the defendant (or plaintiff); and also to answer all such matters as shall be objected against him, for that the said S.K.B., having been duly subpoenaed to attend at the trial of said action, had refused (or failed without just cause) to attend, in conformity to said subpoena; and have you then and there this writ.
Given under my hand, etc. W.B.D., Justice of the Peace.
CONSTABLE'S JURY LIST.
(Title of cause.)
List of names of (twenty-four) inhabitants of the county of _________, qualified to serve as jurors in the district court of said county, made by me as directed by said justice of the peace, from which to impanel a jury in the above entitled cause.
G.W., Constable.
Dated, etc.
John J. Cooke, X
Allan K. Ware,
X Jared S. Benson,
Walter G. Brown,
George W. Jones,
Elias Bedall,
Erick Peterson,
Patrick Kelly, X
X Thomas O. Jones,
Julius Graetz,
John Shannon, X
X David F. Lamb,
Wm. W. Wertsel,
X Daniel G Pratt,
Horace S Roberts, X
J.W. Everstine,
Aaron M Ozmun,
X Ole T. Ruhd,
Lars Anderson,
Conrad Schacht,
O.P. Whitcomb,
X J.Q. Leonard,
Zera Fairman, X
Russell Blakely. X
** Names struck off by plaintiff checked on the right; by defendant checked on the left.
W.D.D., Justice of the Peace.
VENIRE.
State of __________,}
County of _________}ss.
The State of __________ to the sheriff or any constable of said county:
You are hereby commanded to summon (here insert the names in full), to be and appear before the undersigned, one of the justices of the peace in and for said county, on the ______ day of __________, 18______, at ______ o'clock in the ______noon of said day, in the (town) of __________, in said county, to make a jury for the trial of a civil action between J.T., plaintiff, and A.M., defendant, and have you then and there this writ.
Given under my hand this ______ day of __________, A.D. 18______.
W.D.D., Justice of the Peace.
RETURN.
(Venue.)
I hereby certify that, by virtue of the within writ, I have personally summoned as jurors the several persons named therein, viz. (give the list served; and if any are not served, add): and that the following named persons could not be found (giving their names.)
Dated this ______ day of __________, 18______. G.W., Constable. Fees, etc.
WARRANT FOR JUROR.
State of __________,}
County of _________}ss.
The State of __________ to the sheriff or any constable of said county:
Whereas, on the ______ day of __________, A. D. 18______, a venire was duly issued by the undersigned, one of the justices of the peace of the said county, in the case of J.T. vs A. M., then pending before me as such justice; and, whereas, one E.F. was duly named as juror therein, and said venire was duly served upon said E.F. by G.H., a constable of said county; and, whereas, the said E.F. failed to appear as such juror, or to render any reasonable excuse for his default, as appears from the return of said constable, and from my docket; now, therefore, you are hereby commanded forthwith to apprehend the said E.F. and bring him before me to show cause why he should not be fined for contempt in not obeying said writ, and to be further dealt with according to law.
Given under my hand, etc.
W.D.D., Justice of the Peace.
DOCKET.
(With oral pleadings, jury trial, execution, etc.)
State of _________,}
County of _______,}ss.
In Justice Court.
Before W.D.D., Justice of the Peace.
J.T., Plaintiff,
against
A.M., Defendant.
PLAINTIFF'S COSTS.
Justice's Fees.
Summons……………$ 25
Complaint…………. 15
Answer……………. 15
Reply…………….. 15
Adjournment……….. 15
Oath, 2d adjt……… 15
2d adjournment…….. 15
Filing two papers….. 10
3d adjournment…….. 15
Swearing jury……… 25
Oath, nine witnesses.. 1 35
Oath, officer……… 15
Judgment………….. 25
Taxing costs………. 15
$3 55
Constable's Fees.
On summons…………$1 10
Jury list…………. 15
Summoning jury…….. 1 00
1 day's att. court…. 1 00
Attending jury…….. 50
$3 75
Plaintiff's Witnesses.
W.A.,att. and mil…..$1 48
L.D., " " ….. 1 24
Z.S., " " ….. 1 12
J.B., " " ….. 1 36
$5 20
$12 50
August l, 1887.—Summons issued, returnable August 9,1887, at 1 o'clock
P.M.
August 5.—Summons returned by Constable S. (Here give the return of the officer.)
August 9, 1 P.M.—Parties appeared and joined issue. Plaintiff complained orally upon a promissory note, and delivered the same to the court, and stated that there was due him $80 and interest thereon, which he claimed to recover Of defendant; verified the same. Defendant answered orally, alleging that said note was given for a horse, which horse was warranted to be sound, whereas, in fact, it was unsound, claiming $100 damages thereby; verified. Plaintiff replied orally, denying the warranty; verified. Plaintiff then applied for an adjournment, and the suit was adjourned to August 16, 1887, at 1 P.M., at my office.
August 16, 1 P.M.—Parties appeared, and defendant applied for an adjournment of thirty days, to obtain material witness, and having shown cause therefor, upon oath, the suit was adjourned to September 16, 1887, at 1 P.M., at my office.
September 16, 1887, 1 P.M.—Parties appeared, and defendant demanded a jury of twelve persons, paying their fees. Venire issued and delivered to Constable G.W. Cause adjourned to September 17, 1887, at 1 P.M., at my office, to give time to summon the jury, and for them to appear.
September 17, 1 P.M.—Parties appear. Two of the jurors not appearing, G.D. and E.F. were summoned as talesmen. The following jurors were sworn: (Give the list.) The following witnesses were sworn for the plaintiff: (Note in order in the docket all exceptions taken to any testimony.) The following witnesses were sworn for the defendant, etc. The following witnesses were sworn in rebuttal, etc. (All exceptions to rulings of the court are to be noted in the docket in order whenever they occur.)
September 17, 5 P.M.—After hearing the testimony, the jury retire, under charge of Constable G.W., sworn for that purpose.
6 P.M.—Jury returned into court, and say that they find for the plaintiff for the sum of $86.00.
Judgment rendered thereupon against the defendant for $86.00 and costs of suit, taxed at $12.50, on this 17th day of September, 1887.
W.D.D., Justice of the Peace.
September 29, 1887.—Execution issued for $86.00, and interest from September 17, and for $12.50 costs, and delivered to Constable G.W. to collect.
W.D.D., Justice of the Peace.
October 11.—Execution returned satisfied.
W.D.D., Justice of the Peace.
October 15,1887.—Received the above judgment and costs in full.
J.T., Plaintiff.
OATH TO JURORS.
"You do solemnly swear that you will well and truly try the matters in difference between the parties in this cause, and a true verdict give, according to the evidence given you in court and the laws of this state. So help you God."
OATH TO WITNESS.
"You do solemnly swear that the evidence you shall give relative to the cause now under consideration shall be the whole truth, and nothing but the truth. So help you God."
OATH TO OFFICER.
"You do solemnly swear that you will keep this jury together in some suitable place, without food or drink, unless ordered by the court; that you will suffer no person to speak to them upon the matters submitted to their charge until they are agreed, nor will you speak to them yourself about the cause, except to ask them whether they are agreed; that you will permit no person to listen to, or overhear, any conversation or discussion they may have while deliberating on their verdict; that you will not disclose their verdict nor any conversation they may have respecting the cause, until they have delivered their verdict in court, or been discharged by order of the court. So help you God."
EXECUTION.
State of __________,}
County of _________}ss.
The state of _________ to the sheriff or any constable of said county:
Whereas, judgment against A.M. for the sum of (eighty-six) dollars, lawful money of the United States, and for (twelve) dollars and (fifty) cents, costs of suit, was recovered the _____ day of _________, 18_____, before me, at the suit of J.T.; these are therefore to command you to levy distress on the goods and chattels of the said A.M. (excepting as the law exempts), and make sale thereof according to law, in such case made and provided, to the amount of the said sum, together with twenty-five cents for this execution, and the same return to me within thirty days, to be rendered to the said J.T. for his said judgment and costs. Hereof fail not, under penalty of the law.
W.D.D., Justice of the Peace
ENDORSEMENTS ON EXECUTION.
IN JUSTICE COURT
COUNTY OF…………………………………..
J.T., plaintiff
against
A.M., defendant
EXECUTION.
Collect Judgment……..$86 00
Costs………………. 12 00
______
$98 50
Interest thereon at seven per cent, from Sept. 17, 1887, and your fees.
W.D.D., Justice of the Peace
Received the within execution Sept. 29, 1887.
G.W., Constable.
(See constable's return.)
RETURN OF EXECUTION.
(Venue.)
By virtue of the within execution, on this first day of October, 1887, I have levied on one bay horse about seven years old, one single harness, and one single buggy, the property of the said A.M.
G.W., Constable.
CONSTABLE'S SALE.
(Venue.)
By virtue of an execution issued by E.M., justice of the peace, against the goods and chattels of A.M., I have seized and taken the following described property, to-wit: (describing it), which I shall expose for sale at public vendue to the highest bidder, on Tuesday, the eleventh day of October, 1887, at ten o'clock A.M. (in front of the postoffice), at _____, in said county.
G. W., Constable.
Dated Oct. 1, 1887.
FINAL RETURN.
(Venue.)
I hereby certify that, by virtue of the within execution, on the first day of October, 1887, I levied on the goods and chattels in the annexed inventory named, the property of said A.M., and on the first day of October, 1887, I advertised the said property for sale by posting up in three public places in the election district where it was to be sold, to-wit, in the town of _________, three notices describing said property, and giving notice of the time and place, when and where the same would be exposed for sale; that at the time so appointed (naming it), I attended at the place mentioned in said notice (naming the place), and then and there exposed the said goods and chattels to sale at public vendue to the highest bidder; and sold the said horse to John Smith, for $76; the harness to Edward White, for $13.50; and the buggy to Samuel Jones, for $23.40, they being the highest bidders therefor; that I have retained $4.16, my fees and disbursements, from said amount, and have applied $86.40 in payment of the within execution, Which is hereby returned fully satisfied.
G. W., Constable.
(Dated and signed.)
II. Criminal Prosecutions.
OATH TO COMPLAINANT.
"You do solemnly swear that you will true answers make to such questions as shall be put to you touching this complaint against R.F. So help you God."
CRIMINAL COMPLAINT.
State of _________,}
County of _______,}ss.
The complaint of J.D., of said county, made before A.J.S., Esq., one of the justices of the peace in and for said county, who, being duly sworn, on his oath says, that on the _____ day of _________, 18_____, at the _____ of _________, in said county, one R.F. did * threaten to beat (or wound, or maim, or as the case may be) him, the said J.D., and to do him great bodily harm; (or to burn his dwelling-house; or as the case may be); and that he has great cause for fear the said R.F. will beat, etc., (as above.) The said J.D., therefore, prays surety of the peace to be granted him against the said R.F., and this he does, not from any private malice or ill-will towards the said R.F., but simply because he is afraid, and has good cause to fear, that the said R.F. will beat, etc., (as above), against the form of the statute in such case made and provided, and against the peace and dignity of the state of Minnesota, * and prays that the said R.F. may be arrested and dealt with according to law.
J.D.
(Jurat.)
A.J.S., Justice of the Peace.
WARRANT.
State of _________,}
County of _______,}ss.
The State of _________ to the sheriff or any constable of said county:
Whereas, J.D. has this day complained in writing to me, on oath, that R.F., on the _____ day of _________, 18_____, at _________ in said county, did (insert the statement of the offense, as in the complaint); and prayed that the said R.F. might be arrested and dealt with according to law; Now, therefore, you are commanded forthwith to apprehend the said R.F., and bring him before me, to be dealt with according to law; and you are also commanded to summon A.B., C.D., and E.F., material witnesses in said complaint, to appear and testify concerning the same.
Given under my hand this day of, A.D. 18_____.
A.J.S., Justice of the Peace.
RETURN ON WARRANT.
(Venue.)
I hereby certify that by virtue of the within warrant I have arrested the within named defendant, and have him now before the court in custody.
(Fees, etc.)
(Dated.)
J.N., Constable.
RECOGNIZANCE.
State of _________,}
County of _______,}ss.
We, R.F., as principal, and J.B. and L.O., as sureties, of _________, in said county, acknowledge ourselves to owe and be indebted unto the state of Minnesota in the sum of (two hundred) dollars, to be levied of our several goods and chattels, lands and tenements, to the use of said state, if default be made in the condition following, to-wit:
The condition of this recognizance is such, that if the above bounden R.F. shall and does keep the peace, and be of good behavior, for the period of (three months) from the date hereof, towards all the people of this state, and particularly towards J.D., then this recognizance to be void; otherwise of force.
R.F.
J.B.
L.O.
Taken and acknowledged before me, etc.
A.J.S., Justice of the Peace.
COMMITMENT.
State of _________,}
County of _______,}ss.
The State of _________ to the sheriff or any constable, and to the keeper of the common jail of said county:
Whereas, B.F. was, on the _____ day of _________, 18_____, brought before the undersigned, one of the justices of the peace in and for said county, charged, on the oath of J.D., with having, on the _____ day of _________, 18_____, at _____, in the said county (here state the offense as charged in the warrant), and upon examination of the said charge, it appearing to me that there is just cause to fear that such offense will be committed by the said R.F., he was ordered to enter into a recognizance, with sufficient sureties in the sum of ($200), to keep the peace toward all the people of this state, and especially toward the said J.D., for the term of (three) months; and the said R.F. having refused (or failed, or neglected,) to comply with such order: Now, therefore, you, the said constable, are commanded forthwith to convey and deliver into the custody of the said keeper the body of the said R.F., and you, the said keeper, are hereby commanded to receive the said R.F. into your custody in the said jail, and him there safely kept for the term of (three) months from the date hereof, or until he so recognizes as aforesaid, or until he shall thence be discharged by due course of law.
Given under my hand this _____ day of _________, A.D. 18_____.
J.P., Justice of the Peace.
JAILER'S RECEIPT.
(Venue.)
I hereby certify that I have received into my custody the within named R.F., and have lodged him in the common jail of said county, as within commanded.
Dated, etc.
L.S.P., Sheriff, by G.S., Deputy.
CONSTABLE'S RETURN.
(Venue.)
I hereby certify that by virtue of the within warrant I have delivered the within named R.F. to the keeper of the common jail of the said county, as appears by his receipt indorsed hereon.
Dated, etc. T.R., Constable.
Fees, etc.
III. Miscellaneous.
COMPLAINT FOR SEARCH WARRANT.
(Follow form "Criminal Complaint" to the *, then say): Divers goods and chattels, viz.: (describing them particularly, and their value,) were feloniously stolen, taken and carried away; and that the said C.W. has good reason to believe, and does believe, that the said goods and chattels are concealed in the (dwelling-house) of one J.S., situated in the (town) of _________, in said county (particularly describing the place), and that the grounds of his said belief are as follows: (here state the facts and circumstances on which his belief is founded.) He, therefore, prays that a warrant may issue to make search for said goods and chattels in said (dwelling-house) of the said J.S., according to the statute in such case made and provided.
C.W.
(Jurat.)
SEARCH WARRANT.
(Use the general form of warrant, except in the concluding sentence say): Now, therefore, you are commanded forthwith to enter the (dwelling-house) of one J.S., situated, etc., (particularly describing the place), and there make search for the above described property (or, as the case may be); and if the same, or any part thereof, shall there be found, you are hereby commanded to bring the same, together with the person(s) in whose possession the same may be found, before me, to be dealt with according to law.
Given under my hand, etc.
A.J.S., Justice of the Peace.
Probate Court.
PETITION FOR ADMISSION OF WILL.
State of _________,}
County of _______,}ss.
In Probate Court.
To the Judge of said Court:
The petition of _________ of said _________, respectfully represents that _________ late of _________, deceased the _____ day of _________, at _____, died testate, as petitioner believe; that the instrument in writing herewith presented to this court, is the last will and testament of said deceased as petitioner believe; and that _________ the said petitioner _________ the identical _________ named and appointed in and by said last will and testament as executor thereof; that the heirs at law of said deceased are _________.
Your petitioner would further represent, that the goods, chattels and personal estate of said deceased amount to about _____ dollars; and that the said deceased left debts due and unpaid to the probable amount of _____ dollars.
Your petitioner would pray that a day be appointed for hearing the proofs of said last will and testament, and that public notice thereof be given to all persons interested, as this court shall direct; and that upon the proof and allowance of said will, and the approval of the bond of your petitioner _________, letters testamentary be to _________ issued thereon, and appraisers and commissioners appointed, according to the rules and practices of this court.
Dated at _____, this _____ day of _____, A.D. 18_____.
State of _________,}
County of _______,}ss.
On this day of _____, A.D. 18_____, before me personally appeared the above named _____ and made oath that _____ he heard read the above and foregoing petition, subscribed by _____ and know the contents thereof, and that the same is true of _____ own knowledge, except as to the matters which are therein stated to be on _____ information and belief, and as to those matters he believe it to be true.
ORDER ADMITTING WILL.
State of _________,}
County of _______,}ss.
In Probate Court. Term _____, 18_____
In the matter of the estate of _____, deceased.
Pursuant to an order of this court made in the above entitled matter, on the _____ day of _____, 18_____, the hearing of the proofs of that certain instrument bearing date the _____ day of _____, 18_____, purporting to be the last will and testament of _____, deceased, came on this day; and it appearing to the satisfaction of the court that the notice directed in the order aforesaid to be given, has been given; thereupon _____ and _____, the subscribing witnesses to said instrument, were duly sworn and examined on behalf of the proponent thereof, their testimony reduced to writing, subscribed by them, and filed. And it appearing to the court after a full hearing and examination of the testimony in said matter, that said _____ died on the _____ day of _____, 18_____, testate, in the said county of _____, and that he was at the time of his death a resident of said county, and left assets therein; that said instrument offered for probate as and for the last will and testament of said deceased, was duly executed as his last will and testament by said testator according to law; that said testator, at the time of executing the same, was of sound mind, of lawful age and under no restraint, and that the same is valid and genuine; and no adverse appearance or objection being made:
Now, therefore, it is ordered, adjudged, and decreed, that said instrument be and hereby is established and allowed as the last will and testament of said _____, deceased, and that the same hereby is admitted to probate. Ordered, further, that said last will and testament, with a certificate of the probate thereof, be recorded.
Judge of Probate.
CERTIFICATE OF PROOF OF WILL.
State of _______,}
County of ______}
In Probate Court.
In the matter of the estate of _____, deceased:
Be it remembered, that on the day of the date hereof, at a _____ term of said probate court, pursuant to notice duly given, the last will and testament of _____, late of said county of _____, deceased, bearing date the _____ day of_____, 18_____, and being the annexed written instrument, was duly proved before the probate court in and for the county of aforesaid; and was duly allowed and admitted to probate by said court according to law, as and for the last will and testament of said _________, deceased, which said last will and testament is recorded and the examination taken thereon filed in this office.
In testimony whereof, the judge of the probate court of said county hath hereunto set his hand and affixed the seal of the said court, at _____ in said county, this _____ day of _________, A.D. 18_____
Judge of Probate.
LETTERS TESTAMENTARY.
State of _______,}
County of ______}ss
The State of _______, to all to whom these presents shall come or may concern, and especially to _______ of the county of _______ and state of _______, greeting:
Know ye, that whereas, _______ late of the county of _______ and state of _______, lately died testate, and being at the time of his decease a _______ of said county, by means whereof the proving and recording his last will and testament, and granting administration of all and singular the goods, chattels, rights, credits and estate whereof he died possessed, and also the auditing, allowing and finally discharging the account thereof, is within the jurisdiction of the probate court of said county of _______.
And whereas, on the _____ day of _______, A.D. 18_____, at _______ in said county, before the Hon. _______, probate judge of said county, the last will and testament of the said _______ (a copy whereof is hereunto annexed) was proved, allowed and admitted to probate: And, whereas, _______, executor named and appointed in and by said last will and testament, has given bond, as required by law, for the faithful execution of said trust, which said bond has been approved by said judge, and filed in the aforesaid probate court; we therefore, reposing full confidence in your integrity and ability, have granted and by these presents do grant the administration of all and singular the goods, chattels, rights, credits and estate of the said deceased, and any way concerning his said last will and testament, unto you, the said _______ executor aforesaid: Hereby authorizing and empowering you to take and have possession of all the real and personal estate of said deceased, and to receive the rents, issues and profits thereof, until said estate shall have been settled, or until delivered over by order of said court, to the heirs or devisees of said deceased; and to demand, collect, recover and receive all and singular, the debts, claims, demands, rights, and chooses in action, which to the said deceased while living and at the time of his death did belong; and requiring you to keep in good tenantable repair, all houses, buildings and fences on said real estate, which may and shall be under your control, and in accordance with your bond approved and filed as aforesaid, to make and return into the probate court of said county of _______ within three months, a true and perfect inventory of all the goods, chattels, rights, credits and estate of said deceased, which shall come to your possession or knowledge, or to the possession of any other person for you; to administer, according to law, and to said last will and testament, all the goods, chattels, rights, credits and estate of the said deceased, which shall at any time come to your possession or to the possession of any other person for you, and out of the same to pay and discharge all debts, legacies and charges chargeable on the same, or such dividends thereon as shall be ordered and decreed by said court; to render a just and true account of your administration to said court within one year, and at any other time when required by said court, and to perform all orders and decrees of said court, by you to be performed in the premises.
In testimony whereof, we have caused the seal of our probate court to be hereunto affixed: Witness the Hon. _______, judge of probate, at _______, in said county, this _____ day of _______, A.D. 18_____.
Judge of Probate Court, County of _______, _______.
FORM OF WILL.
I, (name of testator), of (residence), being of sound mind and memory, do hereby make, publish, and declare this to be my last will and testament, hereby revoking and making void all former wills by me at any time heretofore made.
First.—I order and direct my executors, as soon after my death as possible, to pay off and discharge all debts and liabilities that may exist against me at the time of my decease.
Second.—I give and bequeath unto my wife, (naming her, and specifying property bequeathed.)
Third.—I give and bequeath unto my son, (naming him, and specifying property bequeathed.)
And so on for each legacy.
Fourth.—I hereby nominate and appoint (naming the person or persons) as the executors of this, my last will and testament.
In witness whereof, I have hereunto subscribed my name, this day of _______, A.D. _______ Autograph signature of testator.
The above and foregoing instrument was at the date thereof signed, sealed, published, and declared, by the said (name of testator), as and for his last will and testament, in presence of us, who, at his request, and in his presence, and in the presence of each other, have subscribed our names as witnesses.
Name _______, Residence. Name _______, Residence.
For citations, pupils should watch the newspapers and make clippings.
District Court.
HABEAS CORPUS.
State of _______,}
County of ______}ss
District Court, Judicial District.
The State of ________ to
You are hereby commanded to have the body of ________, by you imprisoned and detained, as it is said, together with the time and cause of such imprisonment and detention, by whatsoever name the said ________ shall be called or charged, before the Honorable ________, judge of the district court, ________ to do and receive what shall then and there be considered concerning the said ________. And have you then and there this writ.
Witness the Honorable ________, judge of said district court, at ________ in said county, this _____ day of ________, A.D. 18_____.
________ Clerk.