to the terms preferibed in the charter of the faid Bank; which faid certificates, the faid B. W. doth unjustly detain from the faid A. B. as is faid, and unless he thall do fo, and if the faid A. B. fhall make you fecure of profecuting his claim, then fummon by good fummoners, the faid B. W. that he be before our Juftices of our Supreme Court of Judicature, at the City-Hall of the City of New-York, on the day of next, to fhew wherefore he has not done it, and have you there then the fummoners and this writ.

Witnefs, John Lanfing, jun. Efquire, our Chancellor at the City of NewYork, the day of

H. M. Atty.

THE PEOPLE of &c. by the grace of God free and independent, to the fheriff of the county of GREETING: Command John Doe, that he juftly and without delay render unto Richard Roe, two full and equal undivided third parts of one hundred acres of land, with the appurtenances fituate in the township of in the county of which he claims to be his right and inheritance, and whereof, he complains that the faid J. D. unjustly deforces him, and unless he fhall fo do, and if the faid R. R. fhall give you fecurity of profecuting his claim, then fummon by good fummoners the faid J. D. that he appear before our Juftices of our fuprenie court of Judiature, at the City Hall of &c. on &c. to fhew wherefore he has not done it. And have you there then the fummoners and this writ. Witnefs John Lanfing, jun. Efq. Chancellor, &c.

A. B. L

C. D. Pledges, &c.

Return of non eft inventus.

The within named A. B. is not found in my bailiwick.

T. for demandant.

The answer of R. W. fheriff, &c..

Cepi corpus, et paratum habeo.

I have taken the within named A. B. whofe body I have ready, as within I am commanded.

The answer, &c. Cepi corpus as to one defendant and non eft inventus as to another. I have taken the within named C. D. whose body I have ready, as within I am commanded; but the within named E. F. is not found in my bailiwick. The answer, &c.

Refcue.

By virtue of this writ to me directed, I [" made my certain warrant in writ ing under my feal of office to G. H. my bailiff, for this term only, to take and arreft the within named C. D.; by virtue of which warrant the faid G. H."] afterwards, and before the return of the said writ, to wit, on the day of &c. lait, at in my county and within my bailiwick, took and arrefted the with. in named C. D. according to the exigency of the faid writ, and him fafely kept in my cuftody [or if by bailiff in his cuftody"] until E. F. of &c. and divers other perfons to me [or " to my faid bailiff," unknown, on &c. at aforefaid, with force and arms, affaulted and ill-treated me, (or "affaulted &c. my faid bailiff," and the faid C. D. out of my cuftody (or "out of the custody

R

of

of my faid bailiff,") then and there refcued, and the faid C. D. then and there with force and arms refcued himself, and escaped out of my cuftody (or "out of the cuftody of my faid bailiff,") againft the peace, &c. And afterwards the faid C. D. is not found in my bailiwick, The anfwer, &c.

Difcharge on fuperfedeas.

By virtue of &c. I took the within named C. D. and him fafely kepi in the common gaol, in and for the faid county, until afterwards to wit, on &c. by virtue of a certain other writ of the faid people to me directed, and to this writ annexed, I caufed the faid C. D. to be delivered out of the faid gaol; wherefore I cannot have the body of the faid C. D. before the faid Justices of the faid people at the day and place within contained, as within I am comThe answer, &c.

manded.

Languidus in prifona.

By virtue &c. I have taken the within named C. D. who remains in the pri fon of the faid people, in and for the faid county, under my cuftody, fo weak and infirm, that without great peril and danger of his life, I cannot have his body before the faid Juftices of the faid people, at the day and place within contained, as within I am commanded. The anfwer &c.

Notice of motion to fet afide bail-bond and proceedings thereon, &c.

Supreme Court.

A. B.

ads. C. D.

Take notice that this honorable court will be moved to-morrow, er fo foon thereafter as counsel can be heard, to fet afide the bail-bond affigned in this caufe, and the proceedings thereon, on payment of cofts to be taxed, and in the mean time that all proceedings be ftayed. Yours, &c. Dated, &c.

. J. F. Pl's. Att'y,

Appearance.

Form of endorfing appearance.

G. H. Def's. Att'y.

I promise to appear at the return of the within writ, and pray the court to enter my appearance accordingly.

If by Attorney.

A. B.

I promife to appear in behalf of the within named A. B. at the return, &c. and pray the court to enter fuch appearance accordingly.

C. D. Att'y, for &c.

Præcipe for appearance by original.

fs. The fheriff was commanded to take A. B. late of, &c. if &c. and him fafely keep fo that he might have his body before our Juftices of cur fu preme court of Judicature, at the City-Hall, of &c. on the &c. to answer to C D. of a plea, &c. (as in the capias to the words, "as it is faid") and the faid A. B. by E. F. his attorney, prays that his appearance thereupon may be recorded by the court here, and it is recorded, &c.

Special

Supreme Court,

Special bail piece.

Of May term, in the year one thousand eight hundred and four.

fs. A. B. is delivered to bail upon a cepi corpus to C. D. of, &c. farmer, and John Doe, of the fame place, yeoman, at the fuit of G. H. of a plea of &c.

R. S. Attorney for

Defendanty for }

Taken and acknowledged the tenth day of June,

in the year one thousand eight

hundred and four.

Before me,

J. K.

Supreme Court.

Affidavit of juftification of bail.

A. B.
ads.
C. D.

}

E. F. of &c. and G. H. of &c. bail for the defendant in this cause, severally make oath and say; and first, this deponent E. F. for himself faith, that he is a housekeeper in aforefaid, and that he this deponent is worth the fum of dollars (double the fum in the writ) over and above what will pay all his debts; and this deponent, G. H. tor himself faith, that he is a houfekeeper in and is worth the fam of dollars, (fame fum) over and above what will

pay all his debts.

ads. C. D.

Take notice that this honorable court will be moved on or as foon thereafter as counsel can be heard, for a rule to fhew caufe why the defendant in this action fhall not be permitted to file common bail, and in the mean time all proceedings be stayed. Dated, &c.

To &c.

Yours, &c.

Supreme Court,

Common bail piece.

Of May term in the year one thousand eight hundred and four.

-fs, A, B. having been ferved with procefs, is delivered to bail, to John Doe of, &c. gentleman and Richard Roe, of the fame place, yeoman, at the fuit of C. D. of a plea of trefpafs on the cafe.

-1804.

H, W. Attorney,

If common bail be filed according to statute by plaintiff, thefe words to be written, on bail piece.

"Filed according to ftatute."

Notice of bail being put in.

Supreme Court.

A. B.

ads.

C. D.

Take notice that fpecial bail was this day put in for the defendant, in this caufe, before the Honorable, &c. and the names and additions of the bail are of &c. and John Doe, of the fame place, yeoman. Dated, &c.

E. F. Att'y for Defendant;

Entry of exception to bail.

Take notice that I have excepted against the bail put in for the defendant, in this caufe. Dated, &c.

R. S. Plaintiff's Att'y,

Notice

Notice of juftification by fame bail.

Supreme Court.

A. B.

ads. C. D.

Take notice that the bail put in for the defendant, in this caufe, and of whom you have already had notice, will, on next, juftify themselves in open court, at the City Hall of, &c. [or "before the Hon. Mr. Juftice Kent, at &c."] as good bail for the faid defendant, Dated, &c. Yours, &c.

To

Plaintiff's Att'y,

K. S. Defendant's Att'y.

Notice of adding bail and justifying.

Supreme Court.

A. B. ads. C. D.

}

next, be added to the bail already

Take notice that C. F. of &c. will on put in for the defendant, in this caufe, and that he together with G. H. one of the bail already put in for the faid defendant, and of whom you have before had notice, will at the fame time, [or "that E. F. of &c. and J. K. of &c. will, on &c. be added to the bail already put in for the defendant, in this caufe, and at the fame time, will,"] juftify themfelves in open court, at the City-Hall of &c. as good bail for the laid defendant. Dated, &c. Yours, &c.

To

A. B.

ads.

C. D.

Plaintiff's Att'y..

A. B. Defendant's Att'y,

Rule for the allowance of bail.

Upon reading and filing the affidavit of G. H. and on motion of E. F. attorney for the defendant in this caufe, ORDERED, that the bail put in for the faid defendant, who have juftified themselves in court, be allowed.

Recognizance Record.

Supreme Court. PLEAS before the Juftices of the people of the state of
New-York, of the Supreme Court of Judicature of the
fame people, at the City-Hall, of the city of
of May

term, in the year, &c. Witness Morgan Lewis, Efquire
Chief Justice.
Fairlie & Bloodgood.

fs. BE IT REMEMBERED, that on the firft Monday in May, in this
fame term, before the Juftices of the people of the state of New
York, of the Supreme Court of Judicature of the fame people, at the
City-Hall of, &c. comes A. B. by his attorney, and brings into
the faid court, before the faid Juftices at the faid people, now here,
his certain bill against E. L. in cuftody, &c. of a plea of debt (ar as
plea is) and there are pledges for the profecution thereof, to wit, John
Doe, & Richard Roe; which faid bill follows in these words, to wit,
fs, A. B. complains of E. L. &c. (copy the declaration to
the end, omitting the pledges,)

And the faid E, L. by his attorney, comes and defends the wrong and injury when, &c. And thereupon E. F. of, &c. and G.

H. of,