IX.

#_Orders of the Court_.

And afterwards, to wit, on the same day aforesaid, upon the return of the said writ of habeas corpus, the following orders were made in this cause:--

In the matter of Joseph Smith, on Habeas Corpus.

William F. Elkin and Wilson Law having made return to the writ of habeas corpus issued in this cause, and brought the body of the said Joseph Smith into court, on motion of Justin Butterfield, his attorney, it is ordered that the said Joseph Smith be admitted to bail; and thereupon came the said Joseph Smith in proper person, principal, and James Adams and Wilson Law, sureties, and severally acknowledge themselves to owe and be indebted to the United States of America, in the sum of two thousand dollars each, to be levied of their respective goods and chattels, lands and tenements; but to be void on condition that the said Joseph Smith shall be and appear before the Circuit Court of the United States for the district of Illinois, now sitting from day to day, and shall not depart without leave of the court. And thereupon it is ordered that this cause be set for hearing on Monday next; and it is further ordered that the governor of Illinois and the attorney-general be informed by the marshal that Joseph Smith, arrested on a warrant issued for his apprehension by the governor of Illinois, 31st December, 1842, is before this court on habeas corpus, and that the case will be heard on Monday, January 2nd, 1843, and that a copy of this order be handed to each of those officers.

It is ordered that the governor of Illinois and the attorney-general be informed by the marshal that Joseph Smith, arrested on a warrant issued for his apprehension by the governor of Illinois, 31st December, 1842, is before this court on a writ of habeas corpus, and that the case will be heard on Monday, 2nd January, 1843, and that a copy of this order be handed to each of those officers.

{240} UNITED STATES OF AMERICA,

District of Illinois.

I, James F. Owings, clerk of the Circuit Court of the United States for the district aforesaid, do certify that the foregoing is a true copy of an order passed by said court, the 31st day of December, 1842.

In testimony whereof I have hereunto subscribed my name and affixed the seal of said court at Springfield, this 31st day of December, A. D., 1842.

[Seal.] JAMES F. OWINGS, Clerk.

Delivered a copy of the within order to Thomas Ford, governor, and Josiah Lamborn, attorney-general of the state of Illinois, December 31st, 1842.

WM. PRENTISS, Marshal.

In the matter of Joseph Smith on habeas corpus; copy of order, marshal's fees for serving on two, $4.00; returning twelve, $4.12.