APPENDIX,

CONTAINING,

A VARIETY OF PRECEDENTS FOR THE USE OF CORONERS, JUSTICES OF THE PEACE, OVERSEERS OF THE POOR, AND OTHER TOWN OFFICERS, PROCEEDINGS IN DISTRESS FOR RENT, &C. &c.

PROCEEDINGS IN DISTRESS FOR RENT.

The Landlord himself, may distrain, or he may employ any other perfon for that purpose, by a warrant in writing, as his bailift.

Form of Warrant for Bailiff to disirain.

To Mr. A. B. my Bailiff, GREETING:-Distrain the goods and chattles of C. D. in the house he now dwells in, (or " on the premises in his poffeffion,") fituate in &c. for dollars, being one quarter's (or "one year's") rent due to me for the fame, on the first day of May, inftant. And for your so doing this hall be your sufficient warrant and authority. Dated the day of &c.

E. F.

In order to distrain you enter upon the premises, and make a seizure of the distress. If it be made in a house, you take a chair or other article and say, " I seize this chair, &c. in the name of all the goods in this house, for the sum dollars, being one quarter's (or "one year's") rent, due to me (or to E.F. "the landlord) on the first day of May, inftant," (" by virtue of an authority " from the faid E. F. for that purpose," if you diftrain as bailiff.)

"of

5.

You then take an inventory of fo many goods as you judge will be fufficient to discharge the rent due, and also the charges of distraining, as follows,

Form of the Inventory.

An inventory of the feveral goods and chattles distraiged by me, A. B. ( " by me E. F." the landlord) this day of &c. in the houses, out-houses and lands, (as the cafe may be) of C. D. fituate in &c. ( by the authority and on the behalf of E.F." provided you distrain as bailiff) for the fum of dollars, being one quarter's rent due to the faid E. F. (or to me," as the cafe is) on the first day of May inftant,

In the dwelling bowse.... Two tables, fix chairs, &c. &c.
In the barn.... Two cows, one waggon, &c. &c.

At

At the bottom of the inventory subscribe the following,

To Mr. C. D.

Notice to the Tenant.

Take notice, that I have this day distrained, (or " as bailiff to E. F. your landlord, I have this day distrained,") on the premises above mentioned, the several goods and chattles specified in the above inventory, for the sum of

dollars, being one quarter's rent due to me, (or " to the said E. F." if by bailiff) on the first day of May instant, for the faid premises: and that unless you pay the faid rent, with the charges of distraining for the same, within five days from the date hereof, the said goods and chattles will be appraised and fold according to law. Given under my hand and seal the day of &c. Α.Β.

A true copy of the above inventory and notice, must either be given to the tenant himself, or left at the chief manfion house, or fet up on the most notorious part of the premises, if there be no house thereon. And it is proper to have a witness present who may examine the inventory &c. and attest to the service and regularity of all the proceedings, particularly, where the landlord himself, distrains.

The goods may be removed immediately, if it should be deemed unsafe to leave them on the premises, and in that case it will be proper in the notice to acquaint the tenant where they are removed. Or if the security of the landlord will admit of it, they may be left on the premises till the day of fale.

If, after the feizure, any agreement should be made between the landlord and tenant, refpecting the fale of the property, taking it out of the regular operation of the law, for the purpose of giving the tenant further time to pay his rent, it will be best that a memorandum should be made, in writing, ftating the particu. lars of fuch agreement.

If there be no agreement for further time, and the goods distrained shall not be replevied according to law, nor the rent paid, within five days after fuch diftress taken and notice thereof as above directed, you then apply to the sheriff or under theriff of the county, or à conftable, or other like officer of the town of place where the distress is taken, and procure the goods to he appraised by two fworn appraisers, who are are to be fummoned by such conftable or other officer for that purpose, and are to be, by him, fworn well and truly to appraise the fame, according to the best of their understanding, in the following manner.

Form of the oath to be administered to the appraisers.

You, and each of you, shall well and truly appraise the goods and chattles, mentioned in this inventory, (holding it in his hand) according to the best of your understanding. So help you God-(or "You, and each of you, do folemnly, fincerely and truly, declare and affirm, that you will well and truly," &c.)

The officer is then to indorse on the inventory, the following

Memorandum.

MEMORANDUM: - That on the day of &c. A. B. of &c. and C. D. of &c. fworn (or "affirmed") appraisers, wore severally sworn on the Holy Evangelifts, (or "were folemnly and in due form of law affirmed,") by me, D. E. a conftable

a conftable of the town of &c. well and truly to appraise the goods and chattles, mentioned in this inventory, according to the best of their understandingo. D. E. Conftable.

As Witness my hand.

The appraisers will next proceed to appraise the goods, which having done, you continue the indorsement on the inventory as follows:

Form of the appraifment to be indorsed on the Inventory.

We, the above named A. B. and C.D. being fworn upon the Holy Evangelifts, (or "duly affirmed," as the cafe may be) by D. E. the Conftable above named, well and truly to appraise the goods and chattles mentioned in this inventory, according to the best of our understanding; and, having viewed the faid goods and chattles, do appraise and value the same at the sum of

lars. As witness our hands the

day of &c.

A. B.
C. D.

}

Sworn Appraisers.

dol

After such appraisement, the goods may be fold at public auction or vendue to the highest bidder, first giving three days public notice, by advertisement, of the time and place of fuch sale; and the money arifing therefrom is to be ap. plied to the payment of the rent and the charges of fuch distress, appraisment and fale, leaving the overplus, if any, in the hands of the officer for the use of the owner. But if the goods distrained should not amount to sufficient to dif. charge the rent and charges, you may distrain again.

PROCEEDINGS BEFORE A JUSTICE OF THE PEACE IN FORCIBLE ENTRY AND DETAINER.

By an act of the Legislature of the State of New York, 11th Sess. Chap. 6th, it is enacted,

"That at all times when any forcible entry shall be made into any lands, "tenements or other possessions, and complaint thereof cometh to the Juf. "tices of the peace of the fame county, or to any of them, the fame Juftices or "Justice, shall take fufficient power of the county, and go to the place where "fuch torce is made, and if they find any that hold "fuch place forcibly, after "such entry made, the same Justices or Justice, shall record fuch force, and fet "and impose a fine, not exceeding five pounds, upon every of the faid offend. "ers, to be paid by them, for their faid offences, to the people of this state, and "cause every of them to holding by force, to be taken and put into the next "gaol of the fame county, there to abide convict by the record of the fame Juf"tices or Justice, until they shall have respectively paid such fine to the people " of this state."

And by the fame act it is made the duty of all persons to go and assist the Juftices to arrest such offender.

Such Justices or Justice are required to make a record of such force by them of him viewed, as follows :

of

Record of a forcible detainer upon view.

DUTCHESS COUNTY, IS. BE IT REMEMBERED, that on the

day

in the year at the town of Washington, in the county of Dutchefs, aforefaid, A. B. complaineth to us E. H. J. T. and S. T. Esquires, three of the Justices of the People of the state of New. York, assigned to keep the peace, in the faid county, and alfo to hear and determine divers felonies, trefspasses and other misdemeanors, in the said county committed, that C. D.& E.F. late of &c, into the messuage of him the faid A. B. being the dwelling house of him the said A. B. fituate within the town of Washington, aforesaid, did enter, and him the faid A. B. from the meffuage aforesaid, whereof the faid A. B. at the time of the entry aforesaid, was seized as of the freehold of him the faid A. B. for the term of his life, [or "was seized in his demesne as of tee," or if it is not a freehold fay " was possessed,"] unlawfully ejected, expelled and amoved, and the said mes. fuage from him, the said A. B. unlawfully, with strong hand and armed pow. er, doth yet hoid and from him detain, against the form of the act in such cafe made and provided; whereupon the faid A. B. then, to wit, on the faid day of at the town of Washington aforesaid, prayeth of us, so as aforefaid being Justices, to him in this behalf, that a due remedy be provided, according to the form of the act aforesaid: Which complaint and prayer by us, the afore. faid Juftices, being heard, we, the aforesaid E. H. J. T. and S. T. Esquires, Justices aforesaid, to the messuage aforesaid personally have come, and do then and there find and see the aforesaid C.D.& E.F. the aforesaid messuage with force and arms, unlawfully, with strong hand and armed power, detaining, against the form of the act in such cafe made and provided, according as he the fame A. B. so as aforelaid hath unto us complained: Therefore it is confidered by us, the faid Jastices, that the aforesaid C. D. and E. F. of the detaining aforesaid with Arong hand, by our own proper view, then and there as aforesaid had, are con. victed, and every of them is convicted, according to the form of the act aforesaid: Whereupon, we the Justices aforesaid, upon every of the aforesaid C. D. and E. F. do set and impose, severally, a fine of dollars of good and lawful money of &c. to be paid by them and every of them severally to the faid people of the faid state of New-York, for the said offences; and do cause them, and every of them, then and there to be taken and arrested; and the fame C. D. and E.F being convicted, and every of them being convicted, upon our own proper view of the detaining aforesaid, with strong hand as aforesaid, by us the aforesaid Juftices, are committed, and every of them is committed, to the common gaol of the said people in the town of Poughkeepsie, in the county of Dutchess afore. faid, being the next gaol to the messuage aforesaid, there to abide respectively, until they shall have paid their several fines respectively to the people aforesaid. Concerning which the premises aforesaid we do make this our record. In witness whereof, we, the aforesaid E. H. J. T. and S. T. Esquires, the Justices afore. faid, to this record our hands and feals do fet at the town of Washington aforefaid, in the county of Dutchess aforefaid, on the day of in the aforefaid year of &c.

This record being made by the Justices or Justice may be retained in their hands as a matter of record. The offenders having been arrested, are to be committed to the next gaol, for which purpose the juttices will make out their mittimus.

Mittimus for a forcible detainer.

DUTCHESS COUNTY f. E. H. J. T. and S. T. Esquires, three of the Lattices of the People of the state of New-York, assigned to keep the peace within the faid county of Dutchess and also to hear and determine divers felonies trefpafles and other misdemeanors in the faid county committed; to the keeper of the co.amon gaol at Poughkeepsie, in and for the faid county of Dutchers and to his deputy and deputies there, and to every of them, GREETING: Whereas, upon complaint

plaint made unto us, this present day, by A. B. of &c. in the faid county, yeoman, we went immediately to the dwelling house of the said A.B. at aforefaid, in the faid county, and there found C. D. late of &c.labourer, and E. F. late of &c. blacksmith, forcibly, with strong hand and armed power, holding the faid house against the peace of the said People, and against the form of the act, in such cafe made and provided: Therefore we send you, by the bringers hereof, the bodies of the faid C. D. and E. F. convicted of the said forcible holding by our own view, testimony and record; commanding you in the name of the faid People to receive them the faid C. D. and E. F. into your faid gaol, and there safely to keep them, and every of them respectively, until they shall have respectively paid the feveral fum of dollars, of good and lawful money of &c. to the faid People, which we have set and imposed upon every of them seperately, for a fine and ransom for their faid trespasses respectively. Herein fail you not, at the peril that may follow thereof. Given at aforefaid, in the county aforesaid, under our seals respectively, the day of &c.

It is faid that the Justices or Justice, have no power to commit the offender except upon their own view of the fact and not upon the finding of the Jury.

Dalt. c. 44.

But if such offenders, being in the house &c. at the coming of the Justice, make no resistance, nor make show of any force, then the Juftice cannot arreft or remove them upon such view. -Dalt. c. 44. This, however, will not preclude him from issuing his warrant for a jury to inquire of the force: And if any force be found afterwards by a jury, the Justice may bind the offenders to the peace...Ib.

The fine must be affeffed upon the offenders severally and not jointly; and the Justice ought to estreat the fine and send the estreat into the exchequer. But upon payment, or fureties by recognizance, the Juftice may deliver the offender from prifon at his pleafure.-1b.

Thus far with refpect to removing the force; but the party oused cannot be restored to his poffeffion by the Justice's view of the force; nor unless the force be found by the inquiry of a jury.

To that end, it is provided by the 2nd Sec. of the aforesaid act, "that where "any person doth make any forcible entry into any lands" &c. " or them hold "forcibly, after complaint thereof made within the fame county where such en"try is made, to the Justices of the peace of the fame county, or to any one of "them, by the party grieved; the fame Justices or Justice, so warned, within " a convenient time, shall go to the place where such force is made, taking the power of the county with him or them, if need be, and remove such force, if any there be," and whether the perfons making such entries be prefent, or "departed before the coming of the fame Justices or Justice, the fame Justices or "Justice, in fome good town in the fame county next to the tenements so entered, " or in fome other convenient place, according to their difcretion, shall have, " and either of them shall have authority and power to inquire, by the people of "the fame county, as well of them that make fuch forcible entries into lands or " tenements, as of those which the fame hold with force."

"

In order to which it is enacted by the 3d Sec. of the fame ad, "That when "the faid Justices or Justice make fuch inquiries as atorefaid, they, or one of "them, shall make a warrant or precept, to be directed to the theriff of the "fame county, commanding him in the name of the people of the state of "New-York, to cause to come before the fame Justices or Justice, at a certain time and place, therein to be specified, " of ifssuing thereof, twenty four good and lawful men of the fame county, doly.

not

lec than tw()

days tñom the time