taken, and carried away from thence; aud that he hath just cause to suspect, and doth fufpect that E. F. late of in the county of labourer, the faid felony and burglary did commit: These are therefore in the name of the people of the state of &c. to command you, that immediately, upon fight hereof, you do apprehend the faid E. F. and bring him before me to answer in the premises, and to be further dealt with according to law-Herein fail you not. Given under my hand and feal, the day of &c.

County of

}

Form of an information against a person for felony.

BE IT REMEMBERED, that this day of &c. in the year of &c. A. B. of in the county of farmer, in his proper person, comes before me E. M. Esquire, one of the justices of the peace in and for the said county, and upon oath makes complaint that on the day of &c. divers goods and chattels of him the faid A. B. of the value of that is to fay (here infert the articles) were teloniously stolen, taken and carried away from and out of the dwelling house of the faid A. B. fituate at aforesaid in the faid county, and that he hath just and reasonable cause to suspect, and doth suspect that C. D. late of labourer, felonioufly did fteal, take and carry away the fame; for that the said A. B. upon his oath aforesaid, doth depose and say, that (here set forth the circumstances of the theft and the cause of suspicion that it may appear to be reasonable) and thereupon he the said A. B. prayeth that juftice may be done

in the premises.

Before me, E. Μ.

Form of a warrant for felony. DUTCHESS COUNTY fs. To any conftable of &c. WHEREAS A. B. of in the county of farmer, hath this day made complaint upon oath before me E. M. one of the justices of the peace in and for the faid county that on the day of &c. divers goods and chattels of him the faid A. B. of the value of that is to say (name the articles) were felonioufly stolen, taken and carried away from and out of the dwelling koufe of him the faid A. B. fituate at aforesaid in the faid county, and that he hath just and reasonable cause to suspect, and doth suspect, that C. D. late of &c. labourer, feloniously did steal, take and carry away the fame: These are therefore in the name of the people of the state of New-York, to command you forthwith to apprehend him the faid C. D. and to bring him before me, to anfwer unto the matters contained in the faid complaint and information, and to be further dealt with according to law-Herein fail not. Given under my hand and feal the day of &c.

Oath of a perfon demanding furety of the peace.

You do swear that you are in, fear of your life, or fome bodily hurt to be done or procured to be done you, by C. D. of for that he the faid C. D. hath chreatened to do fome bodily hurt unto you [or" to wound, maim or kill" &c. or "to burn your houfe" &c. as the cafe is] and that you do not require the furety of the peace [or "of the good behaviour"] from him for any private malice, vexation or revenge, but for the necessary safety of your perfon.

Warrant

Warrant for the peace or good behaviour.

- County fs. To any conftable of &c.

WHEREAS A. B. of &c. in the said county, farmer, hath made oath before me I. F. Esquire, one of the justices of the peace in and for the said county, that he is afraid that C. D. of &c. in the faid county, labourer, will beat [or "wound" &c.] him [or "burn his house" &c.] and hath prayed surety of the peace [or "of the good behaviour") against the faid C. D.: These are there. fore in the name of the people of the state of New-York, to command you that immediately upon the receipt hereof, you bring the said C. D. before me or some other juftice juftice of the peace of the fame county, to find sufficient surety, as well for his personal appearance at the next general sessions of the peace, to be holden in and for the faid county; as also for his keeping the peace [or "for his good behaviour") in the mean time towards the good people of this ftate, and more especially towards the said A. B. Given under my hand and feal at &c.

of

}

General form of a Recognizance with fureties.

County BE IT REMEMBERED that on the day of &c. in the year of &c. C. D. of in the said county, labourer, N. K. of &c. carpenter, and S. T. of the same place, faddler, personally came before me I. F. Esquire, one of the justices affigned to keep the peace in and for the faid county and severally acknowledged themselves to owe to the people of the ftate of New-York, to wit, the faid C. D. the sum of 50 dollars, and the said N. K. and S.T. each the fum of 25 dollars seperately, of good and lawful money of the said state, to be respec. tively made and levied of their several goods and chattels, lands and tenements to the use of the said people, if he the faid C. D. shall fail in performing the condition hereon endorsed [ar "underwritten" if it be fo.]

Acknowledged before me I. F.

Form of the condition of a recognizance for the peace or good behaviour. The condition of this recognizance is such, that if the within [or "above"] bounden C. D. shall personally appear at the next general sessions of the peace, to be holden in and for the county aforesaid, to do and receive what shall then and there be enjoined him by the court, and in the mean time shall keep the peace [or " be of good behaviour" towards the people of the faid ftate, and especially towards A. B. of &c. in the faid county, farmer; then the faid recognizance shall be void or else remain in full force.

Condition of a Recognizance to answer to an indictment for an affault and

battery.

:

THE CONDITION of the above recognizance is such, that if the above bounden C. D. shall personally appear at the next general sessions of the peace to be holden at in and for the said county, then and there to answer to an indict. ment, to be preferred against him, by A. B. of yeoman, for an affault and battery upon him the said A. B. and to do and receive what shall by the court, be then and there enjoined on him, and shall not depart the court without leave, then the above recognizance to be void, otherwife to remain in full force.

Warrant

Warrant of commitment for want of fureties.

County ss. To any conftable of &c. and to the keeper of the com.

mon gaol in the said county, GREETING:

WHEREAS C. D. of in the said county, labourer, is now brought be. fore me I. F. Esquire, one of the juftices of the peace in and for the said county, and required to find sufficient fureties to be bound with him in a recognizance for his perfonal appearance at the next general feffions of the peace to be holden in and for the faid county, and in the mean time, to keep the peace [or "be of good behaviour"] towards the good people of the ftate of New-York, and more especially towards A. B. of in the said county, farmer: And whereas the faid C. D. hath refused and doth now refuse for "hath neglected and doth now neglect"] before me to find fuch sureties: These are therefore in the name of the people of the said state to command you the said conftable forthwith to convey the faid C. D. to the common gaol of the faid county and to deliver him to the keeper thereof together with this precept; and I do hereby command you, the faid keeper, to receive the faid C. D. into your custody in the said gaol, and him there safely to keep until he shall find such sureties as aforesaid. Given under my hand and feal at &c. the day of &c.

If a warrant is issued by a juftice and the offender escapes into another county, a justice of fuch other county, on proof of the hand writing of the juftice issuing the warrant, must indorse his name on the fame, which will be an authority to arreft the party there. L. N.Y. 24th Seff. Chap. 31st Sec. 2d.

Form of the indorsement.

COUNTY OF DUTCHESS ss. WHEREAS proof upon oath hath been made before me G. C. one of the justices of the peace in and for the faid county of Dutchess, that the name of I. F. to the within written warrant subscribed, is of the proper hand writing of the said I. F. the justice of the peace within men. ționed: I do therefore, hereby authorise P. K. who brings to me this warrant, and all other persons to whom the said warrant is directed, to execute the same within the faid county of Dutchess. Given under my hand &c.

Form of a complaint to obtain a fearch warrant.

COUNTY fs. } BE IT REMEMBERED that this

day of

A. B of

in the said county of yeoman, in his proper person, comes before me J. C. Esq. one of the justices of the peace in and for the said county, and upon oath maketh complaint, that on the day of &c. (or as the cafe is) divers gooda and chattels of him, the said A. B. of the value of &c. that is to say, &c. (defcribe the articles) were feloniously stolen, taken and carried away from and out of the dwelling house of him, the said A. B. fituate at &c. in the cousty afore. faid; and that he hath just and reasonable cause to suspect and doth suspect, that the faid goods and chattels, or fome part thereof, are concealed in the dwelling house of P. R. of &c. in faid county, labourer; for he, the said A. B. upon his path aforesaid, doth depose and say, that (fet forth the grounds of suspicion, that they may appear to be reasonable,) and therefore he, the faid A. B. prays that justice may be done in the premises.

Before me, &c.

Search

Search Warrant on the above complaint.

County of ss. To any Conftable of &c.

WHEREAS A. B. of in the said county, yeoman, hath this day made complaint upon oath, before me, J. C. Esq. one of the juftices of the peace in and for the faid county, that on &c. certain goods and chattels of him, the faid A. B. to wit : have, by fome perfon or persons unknown, been felonioufly tolen, taken and earried away out of the dwelling house of him, the faid A. B. at aforesaid, in the county aforesaid; and that he, the said A. B. hath probable cause to suspect, and doth suspect that the said goods and chattels, or some part thereof, are concealed in the dwelling house of P. R. of in the faid county, labourer: These are therefore in the name of the people of the ftate of New-York, to authorize and require you, with necessary and proper assistance, to enter in the day time, into the said dwelling house of the faid P. R. at aforesaid, in the county aforesaid, and there diligently to search for the said goods; and if the same, or any part thereof, shall be found upon such search, you are to bring the goods so found, and also the body of the said P. R. before me, or some other of the justices assigned to keep the peace in and for the county aforesaid, to be disposed of and further dealt with according to law. Given under my hand and seal at &c,

Form of an Examination of a person charged with felony.

- County, fs. The examination of O. P. late of labourer, taken before me, D. A. Esq. one of the juftices of the peace, in and for the faid county, [or "before us - and - - two of" &c.] this day of in the year of &c. The said O. P. being charged before me [or "us"] by A. B. of &c. yeoman, with feloniously stealing, taking and carrying away out of the dwelling house of the faid A. B. at on &c. (here describe the articles, and state the walue of them) of the goods and chattels of him, the faid A. B.: He, the faid O. P. upon his examination now taken before me [or "us"] in pursuance of the act in fuch cafe made and provided, faith [or confeffeth ar denieth,] That &c. (according to the fa&.)

:

Taken before me [or "us," ] &c.

Form of the Information or complaint of a felony committed, &c. County of -fs. THE INFORMATION of A. B. of &c. yeoman, taken before me &c. (as before.,

General form of a Recognizance to profecute and give evidence.

County of

fs. BE IT REMEMBERED, that on the day of in the year &c. A. B. of in the said county, yeoman, came before me D. A. Esq. one of the juftices assigned to keep the peace in and for the faid county, and acknowledged himself to owe to the people of this ftate, the fum of &c. of good and lawful money of the said ftate, to be made and levied of his goods and chattels, lands and tenements, to the use of the said people, if the faid A. B. shall fail in the condition following:

Acknowledged before me C. D. &ε.

WHEREAS one P. R. late of &c. labourer, was this day brought before me, the justice above named, by the above bounden A. B. and was by him ekarged with feloniously stealing, taking and carrying away at

in the coun.

ty

ty aforesaid, one &c. (bere defcribe the articles, &c.) of the value of &c. of the goods and chattels of him, the faid A. B. whereupon he, the said P. R. was committed by me, the said justice, to the common gaol at &c. NOW THEREFORE the condition of the above recognizance is such, that if he, the said A. B. do and shall, at the next general feffions of the peace [or "gaol delivery"] to be holden in and for the faid county, prefer, or cause to be preferred, a bill of indictment of the said felony, against the faid P. R. and shall then and there also give evidence concerning the same, as well to the jurors that shall then inquire of the faid telony, as also to them that shall pass upon the trial of the faid P. R. then the said recognizance shall be void, or otherwise remain in full force and effect.

Form of a warrant for a witness.

- County, fs. To any Conftable of &c.

WHEREAS oath has been made before me, B. A. Esq. one of the justices of the peace in and for the said county, by A. B. of &c. that certain goods and chattels of him the faid A. B. to wit, (name the articles) of the value of &c. were lately feloniously stolen, taken and carried away from and out of the dwel. ling house of him, the said A. B. at &c. (or as the cafe may be) and that he hath good cause to believe that P. R. of is a material witness to prove by whom the faid felony was committed: These are therefore to require you to cause the faid P. R. forthwith to come before me, to give such information and evidence as he knoweth concerning the said offence, that such further proceedings may be had therein as to the law doth appertain. Given under my hand and feal at in the said county, the day of &c.

Condition of a recognizance to give evidence.*

THE CONDITION of the above recognizance is such, that if the above beun. den P. R. shall personally appear at the next general feffions of the peace, to be holden at in and for the faid county, and then and there give fuch evidence as he knoweth, upon a bill of indictment, to be exhibited by A. B. of yeo. man, to the grand jury, against C. D. late of in the faid county, labourer, for feloniously taking and carrying away (here name the goods) the property of

and in cafe the faid bill be found a true bill, then if the faid P. R. shall then and there give evidence to the jurors that shall pass on the trial of the said C. Di upon the faid bill of indictment, and not depart thence without leave of the court, then this recognizance to be void, otherwise to remain in full force and effect.

* The form of the recognizance itself may be the same as the one above.

Form of a mittimus for felony.

County, fs. To any conftable of &c. and to the keeper of the common gaol in the faid county: These are to charge and command you, the faid conftable, in the name of the people of the state of New-York, forthwith to carry and deliver into the custody of the said keeper of the faid gaol, the body of C. D. this day brought before me, E. C. Esq, one of the justices of the peace in and for the faid county, by B.W. a conftable of &c. and charged upon the oath of A. B. with (here set forth the offence): And you, the said keeper, are here. by required to receive the faid C. D. into your custody in the faid gaol, and him there safely keep until he be thence delivered by due course of law. Given un. der my hand &c..at &c.

FORMS