H. of, &c. come into the faid court before the faid Juftices, of the faid people, now here, in their proper perfons, and become pledges and bail, and each of them becomes pledge and bail for the faid E. L. that if the faid E. L. fhall happen to be convicted at the suit of the faid A. B. in the plea aforefaid, then the faid bail confent, and each of them confents, that, as well the faid debt, as all fuch damages, (or in cafe, "that all fuch damages") as fhall be adjudged to the faid A. B. in that behalf thall be made of their, and each of their lands and chattels, and levied to the use of the said A. B. if it shall happen that the faid E. L. fhall not pay the faid debt and damages, (or in cafe the faid damages") or render himself to the cuftody of the Theriff of the faid people, for the county of, &c. on that occafion. Proceedings upon a furrender of principal by bail, when the principal is already in cuftody on another fuit.

Supreme Court,

Certified copy of bail piece.

Of May term, in the year of &c. fs. A. V. is delivered to bail on the taking of his body to J. O. of the township of in the county of farmer and J. D. of the fame place, yeoman, at the fuit of J. S. of a plea of trefpafs on the case. knowledged the day of

before &c.

Acknowledgment by Sheriff, &c.

Taken and ac

Fairlie, Clk.

I acknowledge that A. V. the defendant is in my actual cuftody, in the gaol of &c. dated &c. J. M. fheriff of &c.

Witness, J.T. I.

Affidavit, &e.

The fubfcribing witness to the above acknowledgment being duly fworn, maketh oath that W. M. under fheriff, to J. M. Efq. fheriff, of &c. figned the above acknowledgment in this deponent's prefence.

Sworn, &c.

Committitur.

J.T. I.

The defendant is on the prayer, and for the indemnity of his manucaptors committed to the cuftody of the theriff of &c. at the fuit of the plaintiff in the plea above mentioned. Dated &c. R. H. &c.

Acknowledgment by fheriff, &c.

I acknowledge that the defendant was ftill remaining in my cuftody when the committitur of him for the indemnity of his manocaptors, at the fuit of the plaintiff in the plea above mentioned, came to my hands. Dated &c.

Witness, J. T. I.

Affidavit, &c.

J. M. fheriff of &c.

The fubfcribing witnefs to the above acknowledgement being duly fworn, depofeth that he faw J. M. fher of &c. fign the fame.

Sworn, &c.

Order for Notice, &c.

J. T. I.

Let notice be given without delay to the plaintiff that the defendant hath on the prayer and for the indemnity of his manucaptors, been committed to the cuftody of the fheriff of &c. at the fuit of the plaintiff, in the plea above menrioned, and that unless caufe be fhewn to the contrary by the plaintiff, before me &c. at &c. an exoneretur fhall be endorsed on the bail piece accordingly.

Dated &c.

R. H. &c.

Order

Order for enderfing exoneretur.

The plaintiff not having appeared, and due proof having been made of the confent of his attorney there to, as appears by the affidavit hereunto annexed, an exoneretur is to be endorsed on the bail piece accordingly.

Supreme Court.

Confent, &c.

Dated &c. R. H. &c.

A. B.

ads. J. S.

I hereby confent that an exoneretur be entered on the bail piece in this caufe. Dated &c.

Affidavit, &c.

H. B. Att'y for the Plaintiff,

J. T. I. being duly fworn depofeth that he saw H. B. the Att'y for the Plain-◄ tiff, fign the above confent.

Sir,

Sworn, &c.

Notice to fhew caufe, &c.

J. T. I.

【If notice be given to the oppofite Att'y it is in the following form.]

Supreme Court.

V.

By order of R. H. Efq. &c. take notice that the defendant hath on the prayer, and for the indemnity of his manucaptors, been committed to the custo dy of the sheriff of &c. at the fuit of the plaintiff, in the plea above mentioned and that unless cause be shewn to the contrary by the plaintiff, before the faid R. on the day of an exoneretur will be endorfed on the bail piece accordingly. Dated &c. H. M. Att'y for manucaptors.

at

H. B. Att'y for plantiff.

Affidavit, &c.

J. T. I. of &c. being duly fworn, maketh oath, that on the day of he the deponent ferved H. B. Efq. Att'y for the plaintiff, with a copy of the above notice.

Sworn, &c.

Order for endorfing exoneretur.

J.T. I.

The plaintiff not having appeared and due proof having been made of the fervice of the above notice upon the plaintiff's Att'y, as appears by the affidavit hereunto annexed, an exoneretur is to be endorsed on the bail piece accordingly. R. H. &c.

Proceedings for the furrender of principal by bail, when the principal is at large. ift. The bail piece as before,

Committitur.

The defendant is on the prayer, and for the indemnity of his manucaptors committed to the cuftody of the fheriff of &c. at the fuit of the plaintiff, in the plea aforefaid. Dated &c. E. L. &c.

Acknowledgment by fheriff, &c.

I acknowledge that the defendant, in the plea within mentioned, is in my actual cuftody, in the goal of &c. and hath been delivered to, and received by me, by virtue of the foregoing commitment. Witnefs, H. M.

Affidavit, &c.

-fs. H. M. fubfcribing witnefs to the above acknowledgment, and receipt, being duly (worn, maketh oath that he faw P. C. fheriff of Sworn, &c.

fame.

[Subfequent proceedings the fame as above.]
Notice of render in discharge of bail.

Supreme Court.

A. B.

ads.

C. D.

fign the H. M.

Take notice, that the above defendant did this day render himself," (or "was this day rendered") in difcharge of his bail, at the fuit of the above plaintiff, and was thereupon committed, by &c. to the custody of the sheriff of the counthere to remain, &c. Dated, &c.

ty of

Your's &c.

E. F. Att'y for Defendant, for "for bail" as cafe is.)

Affidavit of fervice of notice of render.

Supreme Court.

A. B.

ads.

C. D.

G. H. of &c. maketh oath, and faith, that he this deponant did on, &c. perfonally ferve J. K. Efq. the plaintiff's attorney, with a true copy of the notice hereunto annexed, (if ferved on a clerk or fervant,) by delivering the fame to the clerk, &c. of the faid at his house in &c.

C. D. On motion of E. F. attorney for the plaintiff in this caufe, ORDERED, that R. W. Efq. theriff of the county of fhall within twenty days next after service of notice of this rule, peremptorily return the writ of iffued between the parties; or that an attachment be iffued against him. Affidavit of Service of rule to return writ, &c.

A. B. of &c. maketh oath, and faith, that he did on &c. perfonally ferve R. W. Efq. theriff of the county of (or "I. F. who acts as under fheriff for the county of ") with a certified copy of the rule hereunto annexed: And this deponent further faith, that he, on &c. fearched at the office of &c. at &c. for the return of the writ of iffued in this caufe, but that no fuch writ was then filed there. A. B.

Sworn, &c.

Affidavit of fervice of Rule to bring in the body, &c.

Supreme Court.

A. B.

VS.

C. D.

E. F. of &c. maketh oath, and faith, that he this deponent did on, &c. per fonally ferve R. W. Efq. fheriff of &c. (or "I. F. who acts as under theriff

of,"

of," &c. with a certified copy of the rule hereunto annexed: And this deponent further saith, that no bail above has been put in for the defendant in this cause, (or "that bail above has been put in, but that the same is not perfected.") Sworn, &c. E. F.

Attachment against the Sheriff for not bringing in the body. THE PEOPLE of &c. To the coroner of the county of GREETING: We command you to attach R. W. sheriff of our said county so that you may have him before our Justices of our supreme court ofjudicature, at the City-Hall of &c. on &c. to answer to us for certain trespasses and contempts done and committed in our said court,before our said Justices, and have you there then this writ. Witness, &c. By the court.

diately.

Præcipe for habeas corpus cum causa. -ss. Habeas corpus for C. D. to do and receive, &c. returnable immeE. F. Attorney.

Habeas corpus cum causa, to do and receive, &c. THE PEOPLE of the State of New-York, by the Grace of Cod, Free and Independent ;-To the sheriff of our county of Dutchess, GREETING: We command you that you have the body of L. detained in our prison under your custody, as it is said under safe and secure conduct, together with the day and cause of his being taking and detained, by whatso ever name he may be called in the same, before the Hon. Smith Thompson, Esq. one of our Justices of our supreme court of Judicature, at in the town

of in our said county of Dutchess, immediately after the receipt of this writ, to do and receive all and singular those things which our said justice shall then and there consider of him in this behalf; any have there then this writ. Witness Morgan Lewis, Esq. our chief justice, at the city of New-York, the day of in the year, &c.

Fairlie & Bloodgood.

If prisoner is confined on a charge of a criminal nature, endorse on Habeas corpus after return," By the Statute."

J. A. Attorney.

Habeas corpus ad respondendum.

THE PEOPLE, &c. To &c. GREETING: We command you that you have the body of C. D.detained in our prison under your custody, as it is said,under safe and secure conduct, together with the day and cause of his being taken and detained, by whatsoever name he may be called in the same,before our Justices of our Supreme Court of Judicature,at the city-hall of,&c. on &c. to answer A. B. in a plea of trespass, and also to a bill of the said A. B. against the said C. D. for dollars upon promises, according to the custom of our said court, before our said justices, then and there to be exhibited ; and further to do and receive all and singular those things which our said court,before our said justices,shall then and there consider of him in this behalf. And have you there then this writ. Witness Morgan Lewis, Esq. our chief justice at, &c.

Fairlie and Bloodgood. NOTE. The bail-piece on habeas corpus, and certiorari, differ from that on a capias only in this, that instead of “cepi corpus,” say "delivered to bail upon habeas corpus," &c. or "certiorari."

S

General Habeas corpus to remove a cause from Common Pleas, or Mayor's Court.

THE PEOPLE of &c.-To the Judges and Assistant Justices of our inferior Court of Common Pleas, in and for the county of Dutchess, [or " To the Mayor, Recorder and Aldermen of the city of" &c. ] GREETING: We command you that you have the body of A. B. in our prison under your custody,detained as is said, at the suit of E. F, under safe and secure conduct, together with the day and cause of his being taken and detained, by whatsoever name he may be called in the same, before our Justices of our Supreme Court of Judicature at the City-Hall of the city of &c. on &c, to do and receive all and singular those things which our said Justices thereupon, then and there, in this behalf shall consider and have you there then this writ. Witness, James Kent, Esquire, our Chief Justice, at the city of Albany, the day of in the year &c. A. Att'y. Fairlie & Bloodgood.

Special Habeas Corpus to remove a cause from a Mayor's court, or Common Pleas into the Supreme court.

THE PEOPLE of &c. To the Judges of our court of Common Pleas called the Mayor's court of the city of &c, [or "to our Judges and Assistant Justices of &c. see above,] GREETING: We command you that the body of R.F. in our prison, under your custody detained,as is said,under safe and secure conduct, together with the day and cause of his caption and detention by whatsoever name the said R. F. may be known in the same, you have before our Justices of our Supreme Court of Judicature, at the City-Hall of the city of on the day of &c. to answer to J. D. in a plea of trespass on the case (or whatever the plea may be) and further to do and receive all and singular those things which our said Justices against him then and there shall consider in this behalf, and have you there then this writ. Witness, &c.

H. M. Att'y.

Return to the above Habeas Corpus.

F. & B.

On the back of the writ must be endorsed, "the execution of this writ appears in a certain schedule to this writ annexed." Per Curiam. B. Clk. [Then on a piece of parchment which must be annexed to the writ, write this.] Wr,the Judges of the Court of Common Pleas, called the Mayor's court of the city of [or "we, the Judges and Assistant Justices of the Inferior court of Common Pleas in and for the said county of" ] mentioned in the writ to which this schedule is annexed, to the Justices of the SupremeCourt of Judicature of &c. in the same writ named, do most humbly certify, that before the coming to us of the writ to this schedule annexed, to wit, on the day of [mentioning the day of the return of the writ on which the defendant was arrested in the lower court] in the year, &c. R. F. in the same writ named, was taken at &c. within the jurisdiction of this court, and there in the prison of the people of the state of New-York,under our custody,detained by virtue of a certain plaint against him in the said court, levied at the suit of J.D. in a plea of trespass on the case,to the damage,&c. [pursuing the writ of the court below] and this is the cause of the caption and detention of the aforesaid R.F. the body of which said R.F. and the day and place in the said writ contained, we have ready, as by the same writ to us is commanded. Per Curiam. B. Clk.