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APPELLATE FORM XXX.—JUDGMENT UPON MANDATE.

[Title in District Court.]

Judgment having been entered on the 7th day of April, 1921, in favor of the plaintiff, Annie S. Simons, and against the defendants, William Nelson Cromwell and Louis H. Cramer as executors under the last will and testament of Frank Leslie, deceased, for fifty-three thousand eight hundred and ninety-eight ($53,898.84) dollars and eighty-four cents and said cause having been taken by writ of error to the United States Circuit Court of Appeals and said court having affirmed said judgment with interest thereupon, and with costs taxed at the sum of thirty-seven ($37.00) dollars, and the mandate of the United States Circuit Court of Appeals dated February 3, 1922, having been filed herein.

Now, on motion of Roger Foster, attorney for Annie S. Simons, the plaintiff, it is ORDERED and ADJUDGED that said mandate be and the same hereby is made the order and judgment of this court and that said judg ment of the 7th day of April, 1921, be and the same hereby is affirmed with interest thereupon, and with the costs of said writ of error taxed as aforesaid and with the costs in this Court after the receipt of said mandate and upon the entry of this judgment which amounts to one and 05/100 dollars ($1.05), and that the plaintiff, Annie S. Simons recover of the defendants, William Nelson Cromwell and Louis M. Cramer as executors under the last will and testament of Frank Leslie, deceased, said costs in both courts in the aggregate the sum of thirty-eight and 05/100 dollars ($38.05) and have execution therefor.

LEARNED HAND,

United States District Judge.

FORMS IN CRIMINAL PROCEDURE

UNITED STATES COMMISSIONER'S FORMS.

[From Roe's Criminal Procedure in United States courts.]

FORM I.-COMPLAINT FOR WARRANT.

UNITED STATES OF AMERICA, Į

of

Before

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District of

SS.

a United States commissioner for the

district

to take bail, etc. of, in the county of and state of , on oath, deposes and says that late of the district aforesaid, heretofore, to wit, on the day of A. D. 19—, at said district, did [here insert the ground of complaint, stating facts necessary to constitute an offense against United States] contrary to the form of the statute in such case made and provided, and against the peace and dignity of the United States.

Wherefore, the said deponent prays that the said apprehended and dealt with according to law.

And furthermore, the said deponent prays that

may be

whom he

has reason to believe and does believe are material witnesses to the subject-matter of this complaint, may be duly summoned to appear and give evidence thereto.

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The United States of America to the Marshal of the

District of

GREETING:

Whereas,

has made complaint in writing under oath to me,

the undersigned, a commissioner appointed by the [District] Court of the United States for the

district of

to take bail, charging that

did, on, to wit, the

day of

A. D. 19-, at

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[here set forth the offense charged in the complaint] contrary to the form of the statute in such case made and provided and against the peace and dignity of the United States of America.

Now, therefore, you are hereby commanded, in the name of the United States of America, to apprehend the said wherever found in

your district, and bring his body forthwith before [any proper officer having jurisdiction in the district] at office in, that he may then and there be dealt with according to law for said offense.

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The United States of America to the Marshal of said District and to the
Keeper of the Jail of the County of in said District, GREETING:
Whereas,
has been arrested and brought before me,

a United States commissioner for said district, to take bail, for examination, by virtue of a warrant issued by me, upon the complaint of made before me in writing, on oath, charging the said with having on the A. D. 19, at said district

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day of

[here state the offense charged] and said examination having been by me continued until the day of —, A. D. 19—, at for

the races that

you receive the said

o'clock

you the said marshal are hereby commanded that and commit him to the custody of the

jailer of said county, and you the keeper of the said jail of said county, are hereby commanded to receive the said

into your custody,

there to remain until discharged by due course of law. In witness whereof, I have hereunto set my hand and seal at my office in said district this

day of

A. D. 19-.

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The United States of America, to the Marshal of the

and to the keeper of the jail of the county of
GREETING:

Whereas,

District in said District,

has been charged in writing, on oath, before me,

the undersigned, a United States commissioner of said district, to take

day of

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bail, with having committed an offense against the United States, in this: that on the A. D. 19-, at in said district, did and after an examination being this day had by me, it appearing to me that said offense had been committed, and probably cause being shown to believe that said committed said offense as charged, I have

directed that the said

appear at the first day of the

the United States for the

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term, A. D. 19-, of the district court of district of —, and he having failed to give

the required bail, now you, the said marshal, are commanded to commit him, the said to the custody of the keeper of said jail of the said county of -—, and you the keeper of said jail of the said county of are hereby commanded to receive the said and him safely keep

until discharged by due course of law.

In witness whereof, I have hereunto set my hand and seal, at my office in said district, this

day of

A. D. 19-.

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Before me,

SS.

a United States commissioner for the of, to take bail, personally appeared recognizance as follows:

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district and entered into

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and state of —, acknowledge ourselves to owe and be indebted to the United States of America in the penal sum of $- -, subject, however, to the following condition, to wit: Whereas, the said

has been charged on oath, in writing before me, commissioner as aforesaid, with having committed an offense against the United States, in this, that on the

in the

district of

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day of

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A. D. did and commissioner as

19—, at the said upon said charge being made as aforesaid, the said aforesaid, did issue his warrant for the arrest of the said And whereas, the said one of the parties above named, has been brought before me, the said commissioner as aforesaid, to answer to the said charge, and the examination of the said has

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day thereafter until discharged by the order of said commissioner, then and there to answer to the United States of America on said charge, abide the order of said commissioner and not depart from his presence without

leave, then this recognizance to be void, otherwise to remain in full force and effect.

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of

We,

as principal, and

as sureties, of the county

and state of -, acknowledge ourselves to owe and be indebted to the United States of America, in the penal sum of $, to be levied of our respective goods and chattels, lands and tenants subject, however, to the following condition, to wit:

Whereas the said

fore the said

has been charged on oath, in writing, becommissioner as aforesaid, with having committed

an offense against the United States, in this, that on the A. D. 19-, at in the district of -the said

day of
did

commis

and upon said charge being made as aforesaid, the said
sioner as aforesaid did issue his warrant for the arrest of the said

And whereas, the said

one of the parties above named, has commissioner as aforesaid, to

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and

been brought before the said answer to the said charge, and witnesses have been duly sworn and examined in relation to said charge, in presence of said upon such examination, it appearing to the said commissioner that the offense with which the said stood charged as aforesaid, had been committed, and that there was probable cause to believe the said to be guilty thereof [or, the said having waived the

examination] the said commissioner thereupon ordered the said to find sufficient bail in the sum of $-, for his appearance at term of the district court of the United States for the to be holden at the city of, on the day of

the

district of A. D. 19-, to answer all such matters and things pertaining to said charge as should be objected against him, and that in default of finding such bail the said should stand committed for trial. shall personally be and appear before the said district court of the United States for the said district, at the

Now, therefore, if the said

term thereof, on the

day of

A. D. 19-, to answer

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