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Form 225.-Commitment after Judgment.
[BANCROFT'S BLANK, No. 718.] In the Justice's Court of Reno Township, of the County of
Washoe, and State of Nevada.
The State of Nevada.
vs. John Doe.
State of Nevada, County of Washoe, ss.
greeting: Whereas, John Doe, having been duly convicted in the Justice's Court of Reno Township, of the County of Washoe, State of Nevada, of the crime of assault and battery as charged in the complaint, upon oath, in the above-entitled criminal action, and by said Court sentenced and adjudged, as a punishment for said crime, to pay a fine of three hundred dollars, and in default of payment of said fine to be imprisoned in the County Jail of the County of Washoe, State of Nevada, for the period of one hundred and fifty days, or until said fine shall be paid at the rate of two dollars per day for each day of such imprisonment, as appears by the following full, true and correct copy of the judgment rendered by said Court and entered in the minutes and docket of said Court in the above-entitled criminal action.
In the Justice's Court of Reno Township, County of Washoe,
State of Nevada. State of Nevada, County of Washoe, Court-room of said Court, ss.
18– In open Court. Present presiding: Wm. H. Young, Justice of
the Peace of Reno Township.
In this action the defendant personally appears for sentence. The Court renders its judgment: That whereas the said John Doe having been duly convicted in this Court of the crime assault and battery; It is ordered and adjudged, as a punishment therefor, that the said John Doe pay a fine of three hundred dollars, and in default of payment thereof, that said John Doe be imprisoned in the County Jail of the County of Washoe, State of Nevada, for the period of one hundred and fifty days, or until said fine shall be paid at the rate of two dollars per day for each day of such imprisonment; and whereas said fine has not been paid, these are, therefore, in the name of the State of Nevada, to command you, the said Sheriff of the County of Washoe, forthwith to take, arrest, and safely keep and imprison the said John Doe in the County Jail of the said County of Washoe, State of Nevada, for the period of one hundred and fifty days, or until said fine be paid or satisfied; and these presents shall be your authority for the same. Witness my hand this fifth day of January, 1880.
WM. H. YOUNG, Justice of the Peace of the Township of Reno, County of Washoe. State of Nevada, County of Washoe, ss.
I hereby certify that the within and foregoing is a true copy of the judgment entered in the within entitled case.
WM. H. YOUNG, Justice of the Peace, Township of Reno, County of Washoe. [The style of all legal process in California is, “The People of the State of California."]
The writ of Habeas Corpus has for many generations been considered one of the most efficient safeguards to human liberty, and, ever since the great Magna Charta was forced by a determined people from their unwilling king, has been jealously guarded by Englishmen, and by all people where the common law prevails. Where it exists no man can long be restrained of his liberty, except by due process of law and the judgment of Courts legally constituted.
Form 226.-Petition for a Writ of Habeas Corpus.
[BANCROFT's BLANK, No. 256.] In the District Court of the Judicial District (or in the
Superior Court) of the State of —, in and for the County
of In the matter of the application of John Doe for a writ of Habeas Corpus. To the Hon.
Judge of the District (or Superior Court of the Judicial District of the State of -, in and for the County of
The petition of John Doe respectfully shows: That your petitioner is unlawfully imprisoned, detained, confined, and restrained of his liberty, by one —, at —, in the County of
- State of —; That the said imprisonment, detention, confinement and restraint, are illegal; and that the illegality thereof consists in this, to wit:
[Here state the legal reasons why the petitioner should not be confined, or restrained of liberty.] Wherefore your petitioner prays that a writ of Habeas Corpus may be granted, directed to the said
commanding him to have the body of your petitioner before your Honor, at a time and place therein to be specified, to do and receive what shall then and there be considered by your Honor concerning your petitioner, together with the time and cause of his detention, and the said writ, and that your petitioner may be restored to liberty.
JOHN DOE. Dated
County of John Doe, being duly sworn, says that he is the petitioner named in the foregoing petition; that he has heard the said petition read and knows the contents thereof, and that the same is true of his own knowledge, except as to the matters which are therein stated on his information and belief, and as to those matters, that he believes it to be true.
JOHN DOE. Subscribed and sworn to before me, this day of
- A. D. 1884
Notary Public (or any one who can legally administer an oath).
Any person can procure the issuance of a writ of habeas corpus in behalf of any other person who is illegally restrained of liberty.
Marriage is a civil contract, but many unwise parties to the contract, soon after making it, forget or neglect the civilities which led them to form the alliance, and commit some act which the laws make a legal cause for annulling the contract; and, as divorces in these days are quite ordinary occurrences, after stating that the statutes enumerate many causes for divorce, among which are impotency, adultery unforgiven, willful desertion, willful neglect, habitual drunkenness, extreme cruelty, and conviction of a felony; and, for the purpose of illustrating to the non-professional reader the manner of proceeding in such cases, omitting the service of summons, etc., we will suppose that some man has forgotten bis duty to his truest friend and abused her, and she brings her bill for a divorce.
Form 227.-Bill for a Divorce.
In the Superior Court of the State of California, in and for the
County of Margaret Quarrel,
Defendant. Margaret Quarrel, the plaintiff in this action, complains of William Quarrel, the defendant above named, and for cause of action avers:
That plaintiff is now, and for more than six months last past has been, a resident of County, and State of
-; That the plaintiff and defendant in this action intermarried at the town or city) of State of
day of A. D. 18—, and cohabited together as husband and wife until on or about the
-, A. D. 188—; That, during said time, plaintiff was a true, faithful, and loving wife to her said husband, and in all things performed toward him her marital vows;
That, on divers days and times during the said time, said defendant treated this plaintiff with great and extreme cruelty without any just cause or provocation therefor on the part of plaintiff; That, on or about the
188—, said defendant, without just cause or provocation therefor, violently and rudely pushed plaintiff out of her bed and did, then and there, beat and bruise plaintiff about her head and shoulders, and did, then and there, falsely and maliciously call plaintiff" a damned
and a damned -" and other vile and opprobrious epithets and names grievous to be borne, and did, then and there, falsely and maliciously accuse plaintiff of having committed divers adulteries with divers persons, and did, then and there, greatly and cruelly injure and wound the feelings of plaintiff, and other wrongs and cruelties did said defendant, then and there and at divers other times, commit against plaintiff, to plaintiff's great injury;
And plaintiff avers that she is of a sensitive and affectionate nature and disposition, and that she is unable to bear the cruelties above named and other cruelties inflicted on her by said defendant:
[If the wife has property, or if any property has been acquired since the marriage, the fact should be set out here, together with its value; so of chil. dren, the issue of the marriage.] Wherefore, plaintiff prays the decree of the Court that the bonds of matrimony heretofore existing between plaintiff and defendant be dissolved and forever annulled [that she be awarded the property above described, if there be any, and if there were children of the marriage, it should be alleged in the complaint, their names and ages given, and their custody prayed for here), and for costs against defendant, and for such other and general relief in equity in the premises as to the Court may seem fit.
MARGARET QUARREL, The bill should be verified. By A-B- her Attorney.