PROCEEDINGS UNDER THE "ACT FOR THE MORE SPEEDYRECOVERY OF DEBTS TO THE VALUE OF TWENTY. FIVE DOLLARS," AS LATELY AMENDED.

Form of a Summons.

DUTCHESS COUNTY, fs. To any conftable of the town of County, GREETING:

in faid

In the name of the people of the ftate of New-York, you are hereby commanded to fummon C. D. if he may be found within your bailiwick, to be and appear before me at in the town of in the faid county, on the

day of
at o'clock in the afternoon
fwer unto A. B. of a plea of

as is faid. And have you then there this
under my hand the

of faid day, then and there to an. to his damage of

dollars

day of

precept. Hereof fail not. in the year &c.

Given

Form of a Warrant.

E. H. Juftice of the Peace.

DUTCHESS COUNTY, fs. To any conftable of the town of County, GREETING:

in faid

In the name of the people of the ftate of New-York, you are hereby commanded to take the body of C. D. if he may be found within your bailiwick, and him bring forthwith before me, to answer unto A. B. of a plea of to his damage of dollars as is faid: And you are, alfo, by the authority aforefaid, hereby commanded, that upon taking the body of the faid C. D. you give due notice thereof to the faid A. B. : And have you at the fame time before me this precept. Hereof fail not. Given under my hand and feal the day of in the year &c.

J. T. Juftice of the Peace.

Plea of title in an action of trefpafs for breaking plaintiff's clofe and cutting timber, &c.

C. D.

And the faid C. D. in his own person, comes and fays, that the said ads. A. B. ought not to have or maintain his action aforefaid thereof A. B. against him, because he fays, that the clofe aforefaid, in which the

trefpafs aforefaid is fuppofed to have been committed, with the appur tenances, is, and at the faid time when the faid trefpafs is above supposed to have been committed, was the foil and freehold of him the faid C. D. wherefore the faid C. D. in his own right, at the faid time when &c. as the clofe and foil and freehold of the faid C. D. broke and entered, and the trees aforefaid, in the declaration aforefaid above specified, in the faid clofe then growing, cut down, took and carried away as he lawfully might: And this he is ready to verify : Wherefore he prays judgment, if the faid court here will or ought to have fur. ther cognizance of the faid plea againft him the faid C. D. &c.

C. D.

It is required that the above plea fhould be reduced to writing and figned by the defendant in prefence of the juftice, and being counterfigned by the juf tice, is to be delivered to the plaintiff. But before fuch plea can be received by the juftice, the defendant, with one fufficient feurety, must enter into a re. cognizance as follows;

Form

Form of a recognizance to be entered into on tendering a plea of title, before a Juice of the Peace.

DUTCHESS COUNTY, f. BE IT REMEMBERED, That on the

day of in the year of our Lord C. D. of &c. and N. P. of &c. personally came before me, E. H. one of the juftices of the peace in and for the faid county of Dutchefs, and acknowledged themfelves to owe to A. B. the fum of fifty dollars, of lawful money of &c. to be made and levied of their refpective goods and chattels, lands and tenements, or of the goods and chattels, lands and tenements of either of them, to the ufe of the faid A. B, if default fhall be made in the condition following:

WHEREAS the above named A. B. hath commenced an action before me, the faid juftice, against the above bounden C. D. for the recovery of damages for a certain trefpafs, by the faid A. B. alledged to have been committed, by the faid C. D. on the day of in a certain close of him the said A. B. fituate in &c. by cutting down, taking and carrying away the trees &c. of him the faid A. B. there lately growing: AND WHEREAS the faid C. D. in his own perfon, now here in court before me the faid Juftice, by his plea in writing, figned by him the faid C. D. in my prefence, doth juftify the faid trefpafs by alledging that the faid clofe in which the trefpafs aforefaid is fuppofed to have been committed, is, and at the faid time when the fame is fuppofed to have been committed, was the foil and freehold of him the faid C. D. NOW THEREFORE, according to the form of the act in fuch cafe made and provided, the condition of this recognizance is fuch, that if the faid A. B. fhall commence a fuit against the faid C. D. before the next court of common pleas, to be holden at in and for the faid county of for the recovery of damages for the trefpafs aforefaid, that then and in fuch cafe, if the faid C. D. fhall appear and put in (pecial bail in the faid court within twenty days after the first day of the faid next term of the faid Court, then this recognizance to be void, otherwise to be and remain in full force and virtue.

Taken and acknowledged before me the day and year firft above written. E. H. Juftice of the Peace.

Venire for a fury before a Justice of the Peace. DUTCHESS COUNTY, fs. To any Conftable of the town of County, GREETING :

in faid

In the name of the people of the ftate of New-York, you are hereby commanded to fummon twelve good and lawful men, being freeholders of the faid town, by whom the truth of the matter may be the better known, and who are in no wife of kin either to A. B. the plaintiff, or C. D. the defendant, nor interested in this fuir, to be and appear before me, at in the faid town of

the day of

parties aforefaid, of a plea of

to make a certain jury of the country, between the becaufe as well the faid C. D. as the faid A. B. between whom the matter in variance is, have put themfelves upon that jury: And have there then the names of the jurors and this precept. Given under my hand and feal the day of

Juror's Oath.

Hereof fail not.

in the year &c.

T. S. Justice of the Peace..

You do fwear in the prefence of Almighty God, that you will well and truly try the matter in difference between A. B. plaintiff, and C. D. defendant, and a true verdict will give according to evidence,

Subpana

Subpoena for a Witness.

DUTCHESS COUNTY, fs. To E. F. &c. &c. Greeting:

at

In the name of the people of the ftate of New-York you are hereby com. manded, that, laying afide all and fingular bufineffes and excufes, you, and each of you, be and appear in your proper perfons before me, J. T. one of the Juftices of the Peace in and for the faid county of at on the day of o'clock in the afternoon of the fame day, to teftify all and fingular thofe things which you or either of you know in a certain caufe now depending before me the faid Juftice, between A. B. plaintiff, and C. D. defendant, of a plea of on the part of the plaintiff, (or defendant) and on that day to be tried. And this you, or any of you, fhall by no means omit upon the peril that fhall thereof enfue. Given under my hand this day of in the year of our J.T. Juftice of the Peace.

Lord

Oath (or affirmation) of a witness to give evidence.

You do fwear in the prefence of Almighty God, (or " do folemnly, fincerely and truly declare and affirm) that the evidence you fhall give in this matter in difference between A. B. plaintiff, and C. D. defendant, fhall be the truth, the whole truth and nothing but the truth.

Special form of an oath ufed by fome denominations of Chriftians, with the uplifted hand.

You do fwear by the Ever-living God, that the evidence you shall give &c. as before.

Oath (or affirmation) of a witness or juryman on his vOIRE DIRE. You do fwear in the prefence of Almighty God, (or "folemnly, &c. affirm,”} that you will true anfwers make, to fuch questions as may be put to you, touch. ing the challenge now exhibited against you, [or " touching your intereft in the prefent fuit," &c.]

Conftable's Oath.

You do fwear in the prefence of Almighty God, that you will, to the utmost of your ability, keep every perfon fworn on this inqueft, together in fome pri. vate and convenient place, without meat or drink, except water; you will not fuffer any person to speak to them, nor speak to them yourself, unless by order of the Juftice, unless it be to ask them whether they have agreed on their ver dict, until they have agreed on their verdict.

Form of an Execution.

DUTCHESS COUNTY, fs. To any Constable of the town of in faid County, GREETING:

In the name of the people of the ftate of New-York, you are hereby com. manded, that of the goods and chattels of C. D. in your bailiwick, (his arms and accoutrements, excepted) you levy and cause to be made dollars, which A. B. lately, to wit, on the day of before me, J. T. Efquire, one of the Juftices of the Peace in and for the faid county, recovered against the said C. D. in a certain plea of trespass on the cafe, (or "trefpafs,' "D as the cafe may be) for his damages (or "in a plea of debt, as well for his certain debt as for his damages which he had fuftained by occafion of the detention of tiras debt,") and

Ed

alfo dollars which to the faid A. B. according to the form of the act in fuch cafe made and provided, were then adjudged as aforefaid, for the cofts of faid fuit, together with nineteen cents for this execution, whereof the faid C. D. is convicted, as by the record and proceedings thereof, now remaining before me, more fully appears; and that you have the fame monies before me, the faid Juftice, on the day of at my dwelling house in &c. to render to the faid A. B. for his damages, [or "debt and damages,"] and cofts aforefaid: And for the want of fuch goods and chattels whereon to levy, you are to take the body of the faid C. D. and him convey and deliver to the keeper of the common gaol of faid county, who is hereby, by the authority aforefaid, commanded to receive and keep the faid C. D. in fafe cuftody in the faid gaol, until the aforefaid fums of money and all other taxable cofts be fully paid. Hereof fail not under the penalty which may thereon enfue. Given under my hand and feal the day of in the year, &c. J.T. Juftice of the Peace.

Form of the indorsement to be made by a fuftice, on the execution, when the party is entitled to exemption from imprisonment.

DUTCHESS COUNTY, fs. I, E. H. the Juftice within mentioned do hereby certify, according to the form of the act in fuch cafe made and provided, that the within named Č. D. at the trial before me on which the within mentioned judgment was rendered, did prove to my fatisfaction, that he then was not a freeholder and had a family within this ftate. E. H. Juftice of the Peace.

Form of a conviction, as prescribed by ftatute, for offences against the act for regulating Inns and Taverns.

at

day of

BE IT REMEMBERED, That on the day of in the year of our Lord one thoufand eight hundred and A. B. of merchant, for farmer or other addition as the cafe may require and adding being an innholder or tavern keeper if the cafe be fo) is this day convicted before C. D. Mayor (or Recorder, or one of the Aldermen) of the faid city (or one of the Juftices of the Peace of the said County as the cafe may require) of having on the laft (or inftant) in the faid city (or county) fold by retail one quart (or other quantity of rum, or other fpiritous liquers) without having fuch permit (or to be drank in his or her house, or out house, yard or garden, without having entered into fuch recognizance) as is mentioned in the act entitled " An act to lay a duty on ftrong liquors and for regulating inns and taverns," (or of not having in his or her houfe, twofpare beds for guefts, with good and fufficient fheeting and covering for fuch beds refpectively, for the accommodation of travellers, or of not having good and fufficient ftabling and provender of hay and grain, if in winter, and if in fummer, of hay or pafturage, for four horfes or other cattle more than his or her own stock, for the accommodation of travellers, according to the form of the act, entitled "An act to lay a duty on ftrong liquors and for regulating inns and taverns,") or of having on the day of laft (or inftant) at in the faid eity (or county) fold one gill (or other quantity) of rum (or other frong liquors) to an apprentice (or fervant, or flave) of knowing or having reafon to fufpect or believe him (or her) to be fuch, without the confent of his (or her} after for mistress) against the form of the act entitled " An act to lay a duty on ftrong liquors and for regulating inns and taverns," (or of having for the space of one month for two or more months) neglected to put up and keep foch fign up, as is required by the act entitled "An act to lay a duty on ftrong liquors and for regulating inns and taverns.") Given under my hand and feal the day and year first above written, TABLE

TABLE OF FEES

6F OFFICERS, &C. IN CIVIL CASES, ALLOWED BY THE ABOVE ACT. Juftice's Fees.

A fummons,

Juror's Fees.

: 9

For all caufes tried,

-:12

Those attending who do
not try cause,

Swearing Jury,

Judgment,

An execution,

12플

: 12/

: 19

Conftable's Fees.

Serving a warrant or fummons, notifying plaintiff for trial, or ferv ing execution, mileage for one mile or under,

For every mile more, to be computed from the place of abode of defendant or where he may be found to place where process may

Each witnefs attending and fworn,

For ferving fubpoena on each witnefs party shall be entitled to

FORMS OF VARIOUS PRECEDENTS FOR JUSTICES OF THE PEACE, IN CASES RELATING TO CRIMES AND MISDEMEANORS, &c. &c.

Warrant for an assault and battery.

DUTCHESS COUNTY fs: To any constable of the town of

ty, GREETING:

in faid coun

WHEREAS complaint hath been made before me G. C. Efquire, one of the justices of the peace in and for the faid county, upon the oath of A. B. of in the faid county, carpenter, that C. D. of aforefaid, laborer, did, on the day of violently affault and beat him the faid A. B. at aforefaid in the county aforefaid: These are therefore in the name of the people of the ftate of New-York, to command you forthwith to apprehend the faid C. D. and bring him before me, to answer unto the faid complaint, and to be further dealt with according to law. Given under my hand and feal the day of &c.

farmer, hath this day

Warrant to apprehend a burglar. DUTCHESS COUNTY fs. To any constable of &c. FORASMUCH as A. B. of in the county of made information and complaint upon oath, before me E. M. Efquire, one of the juftices of the peace in and for the faid county, that yesterday in the night, the dwelling houfe of him the faid A. B. at aforefaid, in the county aforefaid, was feloniously broken open and &c. (defcribe the property taken) of the goode and chattels of him the faid A. B. feloniously and burglarionfly stolen,