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APPENDIX,

CONTAINING,

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

PROCEEDINGS IN DISTRESS FOR RENT.

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

Form of Warrant for Bailiff to difirain.

To Mr. A. B. my Bailiff, GREETING :-Diftrain the goods and chattles of C. D. in the house he now dwells in, (or on the premifes 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 fo doing this hall be your fufficient warrant and authority. Dated the day of &c.

E. F.

In order to diftrain you enter upon the premises, and make a feizure of the diftrefs. If it be made in a houfe, you take a chair or other article and fay, "I feize this chair, &c. in the name of all the goods in this houfe, for the fum "of 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 purpofe," if you diftrain as bailiff.)

You then take an inventory of fo many goods as you judge will be fufficient to difcharge the rent due, and alíp the charges of diftraining, as follows,

Form of the Inventory.

An inventory of the feveral goods and chattles diftrained by me, A. B. (52) "by me E. F. " the landlord) this day of &c. in the houfes, out-houses and lands, (as the cafe may be) of C. D. fituate in &c. 1 by the authority and on the behalf of E.F." provided you diftrain 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 busfe.... Two tables, fix chairs, &c. &c.

In the barn....Two cow, one waggon, &c. &c.

At

At the bottom of the inventory fubfcribe the following,

To Mr. C. D.

Notice to the Tenant.

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

dollars, being one quarter's rent due to me, (or "to the faid E. F." if by bailiff) on the first day of May inftant, for the faid premifes: and that unless you pay the faid rent, with the charges of diftraining for the fame, within five days from the date hereof, the faid goods and chattles will be appraised and fold according to law. Given under my hand and feal the

day of &c.

A.B.

A true copy of the above inventory and notice, muft either be given to the tenant himself, or left at the chief manfion houfe, or fet up on the most notorious part of the premifes, if there be no house thereon. And it is proper to have a witnefs prefent who may examine the inventory &c. and atteft to the fervice and regularity of all the proceedings, particularly, where the landlord himself, diftrains.

The goods may be removed immediately, if it fhould be deemed unfafe to leave them on the premifes, and in that cafe it will be proper in the notice to acquaint the tenant where they are removed. Or if the fecurity of the landlord will admit of it, they may be left on the premiles till the day of fale.

If, after the feizure, any agreement fhould 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 purpofe of giving the tenant further time to pay his rent, it will be beft that a memorandum fhould be made, in writing, ftating the particu. lars of fuch agreement.

If there be no agreement for further time, and the goods diftrained fhall not be replevied according to law, nor the rent paid, within five days after fuch dif trefs taken and notice thereof as above directed, you then apply to the fheriff or under theriff of the county, or a conftable, or other like officer of the town of place where the diftrefs is taken, and procure the goods to he appraised by two fworn appraisers, who are are to be fummoned by fuch conftable or other officer for that purpofe, and are to be, by him, fworn well and truly to appraise the fame, according to the beft of their understanding, in the following manner.

མoེ་ མ་ཟླ་

Form of the oath to be administered to the appraifers.

You, and each of you, fhall well and truly appraife 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 folemn. ly, fincerely and truly, declare and affirm that you will well and truly," &c.)

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

Memorandum.

MEMORANDUM :-That on the

day of &c. A. B. of &c. and C. D. of &c. fworn for "affirmed") appraisers, were feverally fworn 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 beit of their understanding.. D. E. Cantable.

As Witness my hand.

The appraisers will next proceed to appraife 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 bej by D. E. the Conftable above named, well and truly to appraife the goods and chatties mentioned in this inventory, according to the heft of our understanding; and, having viewed the faid goods and chattles, do appraise and value the fame at the fum of lars. As witness our hands the

day of &c.

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After fuch appraisement, the goods may be fold at public auction or vendue to the highest bidder, firft giving three days public notice, by advertisement, of the time and place of fuch fale; and the money arifing therefrom is to be applied to the payment of the rent and the charges of fuch diftrefs, appraisment and fale, leaving the overplus, if any, in the hands of the officer for the ufe of the owner. But if the goods diftrained fhould not amount to fufficient to difcharge 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 Legiflature of the State of New York, 11th Sefs. Chap. 6th, it is enacted,

"That at all times when any forcible entry fhall be made into any lands, "tenements or other poffeffions, and complaint thereof cometh to the Juf "tices of the peace of the fame county, or to any of them, the fame Juftices or "Juftice, fhall take fufficient power of the county, and go to the place where fuch force is made, and if they find any that hold fuch place forcibly, after "fuch entry made, the fame Juftices or Justice, fhall record fuch force, and fet "and impofe 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 "caufe every of them fo 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 Juftice, until they fhall have respectively paid fuch fine to the people "of this state."

And by the fame at it is made the duty of all perfons to go and affift the Juf. tices to arreft fuch offender.

Such Juftices or Juftice are required to make a record of fuch force by them or him viewed, as follows: "

Record of a forcible detainer upon view.

DUTCHESS COUNTY, fs. BE IT REMEMBERED, that on the day of 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. Efquires, three of the Juftices of the People of the ftate of New-York, affigned to keep the peace, in the said county, and alfo to hear and determine divers felonies, trefpaffes and

other

other misdemeanors, in the said county committed, that C. D.& E.F. late of &c, into the meffuage of him the faid A. B. being the dwelling houfe of him the faid A. B. fituate within the town of Washington, aforefaid, did enter, and him the faid A. B. from the meffuage aforefaid, whereof the faid A. B. at the time of the entry aforefaid, was feized as of the freehold of him the faid A. B. for the term of his life, [or" was feized in his demefne as of fee," or if it is not a freehold fay "was poffeffed,"] unlawfully ejected, expelled and amoved, and the faid mef fuage from him, the faid A. B. unlawfully, with frong hand and armed pow. er, doth yet hoid and from him detain, againft the form of the act in fuch case made and provided; whereupon the faid A. B. then, to wit, on the faid day of at the town of Washington aforefaid, prayeth of us, fo as aforefaid being Justices, to him in this behalf, that a due remedy be provided, according to the form of the act aforefaid: Which complaint and prayer by us, the afore faid Juftices, being heard, we, the aforefaid E. H. J. T. and S. T. Efquires, Juftices aforefaid, to the meffuage aforefaid perfonally have come, and do then and there find and fee the aforefaid C.D.& E.F. the aforefaid meffuage with force and arms, unlawfully, with ftrong hand and armed power, detaining, against the form of the act in fuch cafe made and provided, according as he the fame A. B. fo as aforelaid bath unto us complained: Therefore it is confidered by us, the faid Jaflices, that the aforefaid C. D. and E. F. of the detaining aforesaid with Arong hand, by our own proper view, then and there as aforefaid had, are con victed, and every of them is convicted, according to the form of the act aforefaid: Whereupon, we the Juftices aforefaid, upon every of the aforefaid C. D. and E. F. do fet and impofe, feverally, a fine of dollars of good and lawful money of &c. to be paid by them and every of them feverally to the faid people of the faid ftate of New-York, for the faid 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 aforefaid, with ftrong hand as aforefaid, by us the aforefaid Juftices, are committed, and every of them is committed, to the common gaol of the faid people in the town of Poughkeepsie, in the county of Dutchefs afore. faid, being the next gaol to the meffuage aforefaid, there to abide refpectively, until they hall have paid their feveral fines refpectively to the people aforesaid. Concerning which the premifes aforefaid we do make this our record. In witness whereof, we, the aforefaid E. H. J. T. and S. T. Efquires, the Juftices afore. faid, to this record our hands and feals do fet at the town of Washington aforefaid, in the county of Dutchefs aforefaid, on the day of in the aforefaid year of &c.

This record being made by the Juftices or Juftice may be retained in their hands as a matter of record.

The offenders having been arrelled, are to be committed to the next gaol, for which purpofe the juttices will make out their mittimus.

Mittimus for a forcible detainer.

DUTCHESS COUNTY f. E. H. J. T. and S. T. Efquires, three of the Justices of the People of the fate of New-York, affigned to keep the peace within the faid county of Dutchefs and alfo to hear and determine divers felonies trcfpaties and other misdemeanors in the faid county committed; to the keeper of the co.amon gaol at Poughkeepfie, in and for the faid county of Dutchefs and to his deputy and deputies there, and to every of them,GREETING: Whereas,apon com

plaint

plaint made unto us, this prefent day, by A. B. of &c. in the faid county, yeoman, we went immediately to the dwelling houfe of the faid A.B. at aforefaid, in the faid county, and there found C. D. late of &c.labourer, and E. F. late of &c. blackfmith, forcibly, with strong hand and armed power, holding the faid house against the peace of the faid People, and against the form of the act, in such case made and provided: Therefore we fend you, by the bringers hereof, the bodies of the faid C. D. and E. F. convicted of the faid 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 fafely to keep them, and every of them refpectively, until they fhall have refpeftively paid the feveral fum of dollars, of good and lawful money of &c. to the faid People, which we have fet and impofed upon every of them feperately, for a fine and ranfom for their faid trefpaffes refpectively. Herein fail you not, at the peril that may follow thereof. Given at aforefaid, in the county aforefaid, under our feals refpectively, the day of &c.

It is faid that the Juftices or Juftice, 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 fuch offenders, being in the houfe &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 fuch view.-Dalt. c. 44. This, however, will not preclude him from iffuing his warrant for a jury to inquire of the force: And if any force be found afterwards by a jury, the Juftice may bind the offenders to the peace...16. The fine must be affeffed upon the offenders feverally and not jointly; and the Justice ought to eftreat the fine and fend the eftreat into the exchequer. But upon payment, or fureties by recognizance, the Juftice may deliver the offender from prifon at his pleasure.-16.

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

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To that end, it is provided by the 2nd Sec. of the aforefaid act, "that where any perfon doth make any forcible entry into any lands" &c. "or them hold forcibly, after complaint thereof made within the fame county where such entry is made, to the Juftices of the peace of the fame county, or to any one of "them, by the party grieved; the fame Juftices or Juftice, fo warned, within ❝ a convenient time, fhall go to the place where fuch force is made, taking the power of the county with him or them, if need be, and remove fuch force, if any there be," and whether the perfons making fuch entries be prefent, or "departed before the coming of the fame Justices or Justice, the fame Juftices or "Justice,in fome good town in the fame county next to the tenements fo entered, "or in fome other convenient place, according to their difcretion, fhall 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 thofe which the fame hold with force."

In order to which it is enacted by the 3d Sec. of the fame a, “That when "the faid Juftices or Justice make fuch inquiries as atarefaid, they, or one of "them, fhall 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 fate of "New-York, to caufe to come before the fame Juftices or juitice, at a certain "time and place, therein to be specified, not let than two days tom the time “of issuing thereof, twenty four good and lawful men of the fate commis, duly,

qualified