A. B. C. D. :} Rule on return of Habeas corpus. On motion of &c. ORDERED, That the defendant in this cause put in bail to the Habeas corpus, issued therein, within twenty days, or that a procedendo issue; and that he plead in twenty days after service of a copy of the declaration or judgment. Procedendo on Habeas corpus. THE PEOPLE of &c. to &c. GREETING: Although we lately by our writ commanded you that you should have the body of C.D.detained in our prison un der your custody, as it was said, under safe and secure conduct, together with the day and cause of his being taken and detained, by whatsoever name the said C. D- might be called in the same, before the honorableSmith Thompson, Esquire,one of our justices of &c. at &c, immediately after the receipt of that writ, [or "before our Justices of our Supreme Court of Judicature at &c. on &c. to answer to J. D. in &c. and further" [to do and receive all and singular those things which our said Justice [or "our said Justices"] should then & there consider of him in that behalf : yet we being now moved with certain causes in our court before our said justices of our said Supreme Court of Judicature, command you & every of you, that in all plaints & suits against the said C.D. at the suit of A.B. in our court before you or any of you,levied or affirmed, or before you or any of you now depending undetermined, you proceed with what speed you can, in such manner,according to the laws and customs of our said state of New-York,as you shall see proper,our said writ to you thereupon before directed to the contrary thereof in any wise notwithstanding. Witness, James Kent, Esquire, &c. B. Att'y. Fairlie & Bloodgood. Certiorari to a Justice of the Peace, or an Alderman to remove his judgment, &c. THE PEOPLE of &c, to Esquire, one of our Justices, our peace, in and for our county of &c. to keep ; and also, divers felonies, trespasses and otlier misdemeanours in the said county done and committed, to hear and deter. mine,assigned, [or "To A. B. one of our Justices, our Peace in and for the city and county of New-York,to keep,assigned,] GREETING: We being willing for certain causes to be certified of a certain plaint lately levied in our court before you, without our writ, against at the suit of in a plea of trespass on the case,as is said, and of the process,proceedings, judgment and execution thereon, do command you that the plaint aforesaid,and also the proceedings & judgment aforesaid, with all things touching the same,as fully and amply as the same before you remain, by whatever names the parties may be called therein, before our Justices of our supreme court of judicature, at the city-hall of &c. on &c. you send openly and distinctly, under your seal, together with this writ,that we may further cause to be done thereupon, what it may appear of right ought to be done. Witness Morgan Lewis, Esq. &c. Fairlie & Bloodgood. Certiorari to remove an indictment from the Quarter-sessions. THE PEOPLE of &c. to the Justices of our General Sessions of the Peace for the city and county of GREETING: We being willing for certain causes, to be certified of a certain indictment before you, or either of you, ip our General Sessions, for the keeping of the peace, held in and for our said city and county of lately found against R. F. for an assault and battery,and of a certain recognizance entered into by the said R. F. for his appearance before you at the said general sessions of the peace ;-We command you, that the indictment and recognizance aforesaid, and also the orders,process,judgment and proceedings thereon, with all things touching the same, as fully & amply as the same remain before you,by whatsoever names the parties in the same are called, you do send distinctly and openly,before our Justices of our Supreme Court of Judicature, at the City-Hall of the city of on the day of next, together with this writ,that our said Justices may further thereupon cause to be done what of right ought to be done. Witness, &c. H. M. Att'y, B. Clk. Return, &c. SS. By virtue of a writ of the people of the State of New-York, hereunto annexed, and delivered unto me E. F. one of the Justices of the said people in the said writ named, this bill of indictment, whereof mention is made within the same writ, with all things unto the same bill of indictmen belonging, to the people of the State of New-York, on at the day in the writ annexed mentioned, distinctly and openly, under my seal, I do hereby certify. In testimony whereof, I, the said E. F. to these presents have affixed my seal. Dated the day of year of our independence. in the Procedendo on Certiorari. THE PEOPLE of &c. To &c. GREETING: Whereas we, being willing, for certain causes, to be certified, as well of a certain plaint levied or affirmed in our court before you against C. D. at the suit of &c. of a plea of &c. as of the process and proceedings thereon, lately by our writ commanded you and every you, that you should send the plaint aforesaid, with all things touching the of same as fully and entirely as they remained in our court before you, by whatsoe ver names the parties might be called therein,before our Justices of our Supreme Court of Judicature at &c. on &c. together with that writ, that we might further cause to be done thereupon what should appear to our said Justices,of right, ought to be done: Nevertheless for certain causes,now specially moving us,in our said court, before our said Justices of our said supreme Court of Judicature, we command you, and every of you, that as well in the plaint aforesaid, in our said court before you, levied or affirmed, against the said C. D. at the suit of the said &c. in the plea aforesaid, as in the process and proceedings aforesaid thereupon, with what speed you can, you proceed,in such manner,according to the law and custom of our said state of New-York, as you shall see proper, our writ of certiorari aforesaid to you thereupon before directed, to the contrary thereof in any wise notwithstanding. Witness, James Kent, Esquire, &c. Certiorari to remove a cause from an Inferior Court. THE PEOPLE, of &c. to &c. GREETING : We being willing for certain causes, to be certified of a plaint levied in our court before you against C. D. at the suit of E. F. of a plea of &c, command you that you send to our Justices of our Supreme Court of Judicature, at the City-Hall of &c. on &c. the plaint, aforesaid, with all things touching the same as fully and entirely as it remains in our court before you, by whatsoever names the parties may be called therein, together with this writ, that our said justices may further cause to be done thereupon what it may appear of right, ought to be done. Witness, James Kent, Esquire, &c. F. & B. Justite's return to a Certiorari. in the SS. I, E. W. Esquire, one of the justices of the peace of the people of the state of New-York, the peace of the said people in and for the county of to keep, and also divers felonies, trespasses and other misdemeanors in the said county done and committed, to hear and determine, assigned, in the writ of the said people hereunto annexed,to me directed,named, to the people of the state of New-York, do certify, that before the coming to me of the said writ, to wit, on &c. in the year of our Lord at the town of in the county of S. C. in the said writ named, came into the court of the said people, before me the said E. W. then being one of the justices of the peace for the said county of and then and there affirmed his plaint against S. T. in the said writ also named, in a plea of to his damages of twenty-five dollars or under, and prayed of me process against the said S. T. by whereupon at the prayer of the said S. C. and in pursuance of the act of the legislature of the state of New-York, entitled, "an act for the more speedy recovery of debts to the value of twenty-five dollars," passed the seventh day of April, one thousand eight hundred and one, I the said E. W, did issue a directed to any of the constables of the town of where the said S. T. then dwelt, thereby requiring the said constable to summon the said S. T. to appear before me at the dwelling house of H. S. in the town of aforesaid, on the day of then next, at o'clock in the noon of the same day, to answer the said S. C. in a plea of to his damage of twenty-five dollars or under, which said was then delivered to J. T. one of the constables of the said town of county aforesaid, who afterwards to wit, on the said in the said year of our Lord returned thereto that the same was duly & personally served on the said S. T. by reading the same in his hearing. On which said day of the said S. C. and the said S. T. appeared in their proper persons in the court of the said people, before me the said E. W. and thereupon the said S. C. complained against the said S. T. for this, viz. that whereas the said S. C. [ here insert the words of the declaration and plea as made before the justice] and upon this the said S. C. in pursuance of the twelfth section of the said act, did demand of me the said E. W. that the said action should be tried by a jury; and upon such demand, I the said E. W. holding the said court for the trial of the said cause upon the said day of aforesaid, the town and in the county aforesaid, did issue a venire directed to any constable of the town of commanding him to summon twelve good and lawful men, being freeholders of the said town of in the county aforesaid, who should be in no wise of kin either to the said S. C. plaintiff, nor to the said S. T. defendant, and not interested in the said cause, to be & appear in the said court of the said people, before me the said E. W. at the dwelling house of the said H. S. in the town of aforesaid, on the day of then next, at o'clock in the of the same day, to make a jury for the trial of the same cause: which said venire was then and there delivered to J. T. one of the constables for the said town of to be executed according to law. And at the request of the said S.C. and by the consent of the said S. T. I adjourned the said court for the trial of day of noon the said cause to the day of then next, at the dwelling house of the said H. S. in the town of aforesaid, at o'clock in the noon of the same day, and gave the said parties day to appear in the said court of the said people before me until the said day of on which said day of the said S. C. and S. T. appeared in their proper persons in the said court of the said people before me, viz. at the house of the said H. S. in the town of aforesaid. And the said J. T. did then and there make due return of the said venire, & annexed a pannel thereto containing the names of twelve freeholders ; and the names of the persons so impannelled were written on several & distinct pieces of paper, as nearly of one size as could be, and were delivered to me the said E. W. by the said constable, rolled up as nearly as could be in the same manner, and put together in a box, and thereupon I the said E. W. did draw out six of the said papers, one after the other, on which the following persons were named, who did appear and were not challenged, and being approved of by me the said justice as indifferent between the said parties, were sworn well and truly to try the matter in difference between S. C. the plaintiff, and S. T. the defendant, and a true verdict to give according to evidence, viz. [Here insert six jurors.] And after the jury had been so sworn they did sit together, and did hear the proofs and allegations of the said parties,which were delivered in public in their presence. And the several witnesses introduced by the said par ties were also sworn, as is also directed in and by the twelfth section of the said act. And after the said parties had finished their proofs and allegations,the said J. T. there being constable as aforesaid, was then and there sworn to attend the said jury, and to the utmost of his ability, to keep that jury together in some private and convenient place,without meat, &c. as is also directed in and by the said act. And the said jurors were then and there kept together and apart by themselves, in a private and convenient place, attended by the said J. T. the constable, until they had agreed upon their verdict; and when the said jury had agreed upon their verdict, they returned into the said court and delivered their said verdict to me the said justice, whereby they found that [Here insert the verdict agreeably to the nature of the case] And thereupon I the said E. W. did adjudge,consider and determine that the said S. C. should recover against the said S. T. the said sum of dollars by the said jury in form aforesaid assessed, and also costs of suit; the bill of which cost is annexed to the said writ of the said people. Given under my hand and seal at, &c. E. W. (L. s.) Affidavit of delivery of a copy of a declaration against a prisoner. A. B. VS. C. D. day of G. H. Attorney &c. being duly sworn, saith, that he did, on the &c. deliver unto I. K. gaoler or keeper of the gaol of the people of the state of New-York, in and for the county of " a true copy of the declaration hereuntoannexed; and the said gaoler or keeper then acknowledged to this deponent, that the said defendant was a prisoner in the said gaol; and this deponent further saith, that the said defendant was arrested (or charged in custody) at the suit of the said plaintiff, by virtue of a certain writ of capias (or, as case may be) issued out of this honorable court,and returnable before the delivery of the said declaration. G. H. Sworn, &c. Gaoler's certificate for discharge of a Prisoner. İ, A. B. keeper of the common gaol of the county of do certify that C. D. was on the day of &c. committed to the common gaol in and for the said county of &c. by virtue of a writ of capias, issued out of the Supreme Court of Judicature of the people of &c. returnable on &c. at the suit of &c. in a plea of &c. and I do further certify that since the said commitment, there has not been delivered to me, any declaration against him the said C. D. at the suit of the said &c. or any other person whatsoever; and that no writ of habeas corpus has been brought for the removal of the said C. D. Witness my hand &c. Affidavit of Gaoler's signature. G. H. of &c. being duly sworn, saith, that he this deponent did, on the day of &c. see A. B. keeper of the common gaol in and for the county of &c. subscribe his name to the certificate hereunto annexed,and that at the same time he this deponent subscribed his name as a witness to the same, and that I. A. of &c. did then also subscribe his name as a witness to the same in presence of this deponent. G. H. Sworn, &c. Judge's order to shew cause why supersedeas should not issue for discharge of prisoner for want of being charged in execution, Tc. IT being sufficiently proved to me, that after judgment had been obtained against the defendant in the above cause, at the suit of the said plaintiff, he was surrendered by his bail into the custody of &c. sheriff of county, in the common gaol in and for said county,and that he has remained in the said gaol in the custody of the said sheriff for the space of three months next before the date of this order, and that the said defendant has not been charged in execution at the suit of the said plaintiff during the time aforesaid. Therefore, I do hereby order the said plaintiff, or his attorney, to appear before me at my chambers in the town of in the county of on the day of instant, at o'clock in the forenoon of the same day, and shew cause if any he hath, why a writ of supersedeas should not issue to discharge the above defendant from further imprisonment in the above cause, pursuant to the act in such case made and provided. Dated this day of Morgan Lewis. Writ of Supersedeas for not charging the defendant in execution. THE PEOPLE of &c. to the sheriff of &c. GREETING: Whereas A. B. is detained in our prison under your custody, by virtue of a certain writ of capias ad respondendum, issuing out of our supreme court of judicature before our justices of our said court returnable on &c. to answer C. D. of a plea of trespass, and also to a bill of &c. (as in the writ ;) whereupon the said A. B. on the day of &c. was rendered by, and in discharge of his bail in the plea aforesaid: And whereas the said C. D. in term last past,obtained judgment in our said court before our said justices against the said A. B. upon the said writ: And whereas the said A. B. hath remained in your custody as aforesaid, for the space of three months after the said judgment so obtained: And because it appears to us, in our said court before our said justices, that the said C. D. hath not proceeded to charge the said A. B. in execution within the said three months after |