"qualified to ferve as jurors in fuch county, on trials in the Supreme Court, to "inquire of fuch entries.”-- The following is the form of the warrant to be iffued by the Juftice for the above purpose. Warrant or Precept to the Sheriff to return a Jury. DUTCHESS COUNTY fs. E. H Efquire one of the Juftices of the people of the state of New-York, affigned to keep the peace in the said county of Dutchefs and alfo to hear and determine divers felonies, trespasses, and other misdemeanors in the faid county committed; to the Sheriff of the faid county GREETING: In the name of the People of the State of New-York I command you, that you caufe to come before me, at &c. in the county aforefaid, on the day of &c. (not less than two days from the time of iffuing the precept) twenty four good and lawful men of your county [or "city and county" if in New York] each of whom shall have in his own name or right, or in truft for him or in his wife's right, a freehold in lands, meffuages or tenements [if in New-York" or a perfonal estate of the value of &c."] or of rents in fee or for life of the value of one hundred and fifty dollars free from all reprises, debts, demands or incumbrances whatfoever, to inquire upon their oaths for the faid peo ple, of a certain entry made with a strong hand (as it is faid) into the meffuage of one A. B. in the town of &c. in the county aforesaid, against the form of the act in fuch cafe made & provided: And you are to return upon every of the Ju rors by you in this behalf to be impanelled twenty fhillings of iffues at the aforefaid day: And have you then there this precept, and this you fhall in no wife amit, upon the peril that fhall thereof enfue. Witnefs the faid E. H. at the county aforefaid, the day of &c. The 3d Sec. of the fame act likewife makes it the duty of fuch Juftices or "Juftice at the time of making fuch warrant or precept, to cause a notice in wri"ting, of the iffaing thereof, and of the time and place of the return thereof to "be affixed up in fome public and fuitable place upon the lands or tenements fo "entered or holden, or delivered to the party against whom fuch complaint is "made if fuch party be on the premises. And further, that the Sheriffshall re"turn iffues upɔn every one of the Jurers, at the day of the return of the firft "precept, twenty fhillings, and at every day after, the double." The Jurors oath. You fhall true inquiry and prefentment make of all fuck things as fhall come before you, concerning a forcible entry (or "detainer" as the cafe may be faid to have been lately committed in the dwelling houfe of A. B. gentleman, in the town of &c. in this county; you thali fpare no one for favour or affection, nor grieve any one for hatred or ill will, but proceed herein according to the belt of your knowledge, and according to the evidence that shall be given to you: So help you God. The oath that B. H. your foreman hath taken on his part, you and every of you fhall truly obferve and keep on your parts: So help you God. The Jere are then to fit together in the manner of a grand Jury, to hear and examine the evidence on the part of the complainant only, as the party against whom complaint is made, may traverse the Ending of this Jury, and a new Jury mult thereupon be impannelled to try the fact, when he is allowed a full opportunity of making his defence. The The finding of the Jury is in the following form. The inquifition, indictment or finding of the Jury. DUTCHESS COUNTY fs. An inquifition for the People of the ftate of New York, indented and taken at &c. in the faid county of &c. the day of in the year &c. by the oaths of (infert the names of the Jurors) good and lawful men of the faid county, before E. H. Esquire, one of the Juftices of the faid People affigned to keep the peace in the faid county, and alfo, to hear and determine divers felonies, trefpaffes, and other mifdemeanors in the fame county committed, who fay, upon their oaths aforefaid, that A. B. of &c. aforefaid, gentleman, long fince lawfully and peaceably was feized in his demefne as of fee, [if not a freehold 'eftate, then fay," was poffeffed," of and in one meffuage with the ap◄ purtenances in aforefaid in the county aforefaid [if not a freehold "for a cer tain term of years then and ftill to come and unexpired"] and his faid poffeffion ("and feifin" if freehold) fo continued until C. D. late of &c. labourer and E. F. late of the fame place blacksmith, and other malefactors unknown, on the day of &c. with ftrong hand and armed power into the meffuage aforefaid, with the appurtenances aforesaid, did enter, and him the faid A. B. thereof diffeized, and with ftrong hand expelled; for if it be not a freehold say " and him the faid A. B from the peaceable poffeffion of the faid meffuage, with the appurtenances aforefaid with ftrong hand unlawfully did expel and put out"] and him the said A. B. fo diffeized and expelled from the faid meffuage with the appurtenances a forefaid [or and him the faid A. B. fo expelled and put out from the pof feffion of the faid meffuage with the appurtenances aforefaid"] from the faid day of &c. until the day of the taking of this inquifition, with like ftrong hand and armed power did keep out and do yet keep out, to the great difturbance of the peace of the faid people and againft the form of the act in fuch cafe made and provided. We whofe names are hereunto fet, being the Jurors abovefaid, do, upon the evidence now produced before us, find the inquifition aforesaid true. O. P. If upon the taking of the above inquifition, the party indicted do not, forth. with, appear and traverse the fame it is then the duty of the Juftices or Justice, be fore whom the fame is taken, immediately, to cause the lands &c. fo entered and holden as aforefaid, to be refeized and to put the party, fo put out, in full poffeffion of the fame. In order to which the Juftice will make out his warrant of refti. tution; for the form of which fee page 227. But if any perfon who fhall be indicted upon this act before fuch Juftices or "Juftice, fhall immediately traverse fuch indictment, then the fame Juftices or "Juftice fhall make a warrant or precept, to be directed to the Sheriff of the "fame county, commanding him in the name of the people of the ftate of New "York, to cause to come before fuch Juftices or Juftice, at a certain day, not "less than four, nor more than eight days from the time of iffuing fuch precept and at a certain place therein to be specified, twelve good and lawful men of "the fame county, who fhall be fuch as are or fhall be qualified to ferve as ju"rors as aforefaid, to try the fame traverfe, and the Sheriff fhall return iffues up"on every of them in the manner aforefaid." L. N. Y. 11th Seff. Chap. "6th Sec. 3d. By the 4th Sec. of the fame act the defendant may alfo plead a quiet poffeffion of the premises, in himself or thofe under whom he claims, for three whole years together, E e together, next before the day of his indictment, and his eftate therein not ended or determined, which being true, no reftitution fhall be made and reftitution must be stayed upon fuch indictment until that fact be tried, if the party com. plaining will traverse or deny the fame; and the Juftices or Juftice, before whom fuch indictment is found, fhall, in that cafe, iffue his warrant for a new Jury and proceed to try the fact as above directed. · The traverse of the force by the defendant, must be tendered in writing, and not by a bare denial of the fact in words; for thereupon procefs for a Jury is to be awarded, by whom the iffue is to be tried, a verdict found, a judgment rendered, and cofts and damages awarded, and upon which verdict, alfo, the award of reftitution must depend. To do all this there muft be a record, which muft be in writing. 2 Burn's Juftice 354. day of And afterwards, to wit, on the aforefaid in the year aforesaid, before the faid E. H. I. T. and S. T. Efquires, Juftices as aforefaid, come the aforefaid C. D. and E. F. in their proper perfons, and having had the hearing of the indictment and inquifition aforefaid, feverally fay, that they are thereof not guilty ; and of this they put themfelves upon the country, &c. Upon the above traverse being tendered, the Juftices, or one of them, as above directed, muft iffue a warrant for a new Jury to try the traverse. Form of a warrant or precept for a new Jury to try the traverse. DUTCHESS COUNTY fs. E. H. Efquire, one of the Juftices of the people of the ftate of New-York, affigned to keep the peace in the faid county of Dutchefs and alfo to hear and determine divers felonies, trefpaffes, and other misdemeanors in the faid county committed, to the Sheriff of the faid county GREETING: In the name of the People of the ftate of New-York I command you, that you cause to come before me at &c. in the county aforesaid on the · day of (not less than four, nor more than eight days from the time of iffuing the precept) twelve good and lawful men of your county [or" city and county" if in N. Y.] cach of whom fhall have in his own name or right, or in truft for him or in his wife's right, a freehold in lands, meffuages or tenements [if in N.Y. "or a perfonal eftate of the value of" &c.] or of rents in fee or for life of the value of one hundred and fifty dollars free from all reprifes, debts, demands or incumbrances whatfoever, by whom the truth of the matter may be the better known, to make a certain, Jury of the country, upon their oath, to try a certain traverse of an indictment found for the faid People of the faid ftate and now pending before me the faid Juf. tice against C. D. of &c. labourer and E. E. of &c. blacksmith, for a certain entry (" and detainer" as the cafe may be) made with a strong hand into themesfuage of one A. B. in the town of &c. in the county aforefaid, against the form of the act in fuch cafe made and provided, and who are in no wife of kin to the faid C. D. and E. F. nor to either of them: And you are to return upon eve ry of the Jurors by you in this behalf to be impannelled twenty fhillings of if.. fues at the aforefaid day: and have you then there this precept: and this you fhall in no wife omit upon the peril that fhall thereof enfue. Witness the faid E. H. at in the county aforefaid, the day of &c. The The Jurors being fummoned, and impannelled &c. are next to be fworn by the Juftices or Juftice as follows: Form of the oath to be adminiftered to the Jury. You do fwear (or "folemnly &c. affirm") that you will well and truly try the iffue of traverse joined between the People of the ftate of New York and C. D. and E. F. the defendants, and a true verdict give according to evidence: So help you God. The Jury, after hearing the evidence, both in fupport of the indictment, and on the part of the traverfers, will then make up their verdict of guilty, or not guilty as the fact may be ; and by the 5th Sec. of the aforefaid act it is provided, "That if the allegation or traverfe, taken or made by the perfon or perfons "indicted, be tried against the perfon or perfons fo indicted, either before the fame "Juftices or Juftice or before the Juftices of the Supreme Court, or either of them, "in cafe the proceedings be removed into the Supreme Court, before fuch trial, "then, and in every such case reftitution shall be awarded by the Juftices or Juftice "before whom the fame fhall be tried, or by the Supreme Court, in the fame man. ner as if no plea or traverfe had been made or put in by fuch perfons fo indicted." In order to put the perfon oufted, into poffeffion of the premises again, the Juftice muft iffue a precept directed to the Sheriff of the county as follows: Warrant or precept to the Sheriff to make reftitution. day of DUTCHESS COUNTY, fs. E. H. Efquire, one of the Juftices of the People of the state of New-York, affigned to keep the peace in the faid county, and alfo to hear and determine divers felonies, trefpaffes, and other misdemeanors in the faid county committed, to the sheriff of the faid county GREETING: Whereas by an inquifition taken before me the Juftice aforefaid at &c. in the county aforesaid, on this prefent day of &c. [or "C on the day of inftant"] in the year &c. upon the oaths of &c. &c. (infert the names of the Jurors) and by virtue of the act made and provided in cafes of forcible entry and detainer it is [or "was"] found that C.D. late of &c. labourer and E. F. late of &c. blacksmith, on the &c.now laft paft,into a certain meffuage with the appurtenances, of A.B. of the town of aforefaid, in the county aforefaid, gentleman, fituate, lying and being in the town of aforefaid in the county aforefaid with force and arms did enter, and him the faid A. B. thereof, then with ftrong hand did disseize and drive out, and him the faid A. B. thus driven out from the aforefaid meffuage, with the appur. tenances, from the aforefaid to this prefent day [or" to the faid day"] of the taking of the faid inquifition, with strong hand and armed force, did keep out, and do yet keep out, as by the inquifition aforefaid more fully ap peareth of record: [" and whereas the faid C. D. and E. F. did thereupon, forthwith, to wit, on the faid day of inftant, in their proper perfons ap pear before me the faid Juftice and after having had a hearing of the inquifition aforefaid, did immediately in due form of law traverse the fame; whereupon I the faid Juftice did then and there forthwith iffue my warrant or precept to the fheriff of the county aforefaid as the law in fuch cafe provided directs, commanding him in the name of the people of the state of New-York to caufe to come before me the faid Juftice at &c. on this present day of twelve good and lawful men of the fame county, qualified to ferve as Jurors in the faid county on trials in the Supreme Court, to try the fame traverse: and the fame day is given to the faid C, D. and E. F. there &c.: And whereas, now at this prefent day, to wit, on day of the day of the faid inftant, at &c. before me the said Juftice come the faid C. D. and E. F. by G. H. their attorney,and the Jurors aforefaid being fummoned alfo come, who to fay the truth concerning the premises, being chofen, tried and fworn, fay, upon their oath, that the aforefaid C. D. and E. F. are guilty and each of them is guilty of the forcible entry and detainer, (or as the cafe may be) aforefaid, in the indictment aforefaid above specified, in manner and form as against them is above fuppofed, as by the record and roceedings thereof now remaining before me the faid Juftice more fully appears :] (If the parties indicted do not traverse the inquifition, then you omit what is contained in crotchets in this form throughout): Therefore in the name and on the behalf of the faid people of the ftate of New-York, I charge and command you, that taking, with you the power of the county, (if it be needful) you go to the faid meffuage and other the premises, and the fame, with the appurtenances, you caufe to be refeized, and that you cause the said A. B. to be reftored and put into his full pos feffion thereof, according as he, before the entry aforefaid, was feized, according to the form of the act aforefaid. And this you fhall, in no wife omit upon the peril that fhall, thereon enfue. Given under my hand and feal at the town of day of &c. in the faid county, the Form of a certiorari to remove into the Supreme Court an indictment for a forcible entry and detainer, from before a Justice of the peace. The People of the ftate of New-York: To E. H. Efquire, one of the Juftices affigned to keep the peace within our county of and alfo to hear and determine divers felonies, trefpaffes and other misdemeanors within our faid county committed, GREETING: We, being willing, for certain caufes, to be certified of a certain indictment against A. B. of &c. &c. for witholding and forcibly detaining a certain meffuage and tenement &c. (as the cafe may be) a gainst the form of the act to prevent forcible entries and detainers, whereof the faid C. D. &c. &c. named in the faid indictment, is indicted before you; we do, therefore command you, that the indictment aforefaid, with all things touch. ing and concerning the fame, with all the names contained in the faid indictment by whatsoever names they may therein be called, before our Juflices of our Supreme Court of Judicature, at the City-Hall of the city of &c. on the day of &c. next, under feal you fend, together with this writ, that our faid Juftices may further do therein what of right, and according to the laws and customs of our faid ftate, ought to be done. Witness &c. Note-The above form will anfwer to remove an indictment or order &c. from the Court of Seffions; only in the direction, instead of faying, "to E. H. Esquire, one of" &c.-Say "to our Juftices, affigned to keep the peace within our county of and alfo to hear and determine divers felonies, trefpaffes and other mif demeanors within our faid county committed, and to each and every of them, GREETING: We being willing &c. PRO |