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Form of the notice, &c.

County of

fs. To the overfeers of the poor of the town of
county of and to each of them.

in the WHEREAS we, F. J. and S. J. Efquires, two of the juftices of the peace in and for the faid county of are informed, that P. P. late of hath come to refide in the town of in the faid county of not having obtained any legal fettlement therein, nor produced any certificate owning him to be fettled elfewhere; and that he is likely to become a charge to the said town of Thefe are therefore to fummon and require you to be and appear (if you think proper before us, the faid juftices, at the house of in the town of county of at the hour of in the noon of the fame day, to fhew caufe why the faid P. P. should not be removed from the said town of to your faid town of as the place of his laft legal settlement.

and feals, the

day of &c.

in the faid

Given under our hands

If the overseers appear, and attempt to shew cause, pursuant to this summons, it will not take away their right of appealing against the order that may be made.

General form of an order of removal to the place of legal fettlement. County of fs. To any conftable of the town of A. in the faid county,

GREETING:

UPON the information of the overfeers of the poor of the town of A. aforefaid, [or, upon due information,] given to us, whofe names and feals are hereunto affixed, being two of the juftices of the peace in and for the faid county of W. that P. P. and M. his wife, and S. P. their fon, aged eight years, and D. P. their daughter, aged four years, have come to refide in the faid town of A. not having obtained a legal fettlement therein, nor produced any certificate owning them or any of them to be fettled elsewhere, and that the faid P. P. M. his wife, and S. and D. their children, are likely to become a charge to the faid town of A. We, the faid juftices, upon due proof made thereof, as well upon the examination of the said P. P. upon oath as otherwife, and likewife upon due confideration had of the premifes, do adjudge the fame to be true; and we do likewife adjudge, that the legal fettlement of them, the faid P. P. M. his wife, and S. and D. their children, is in the town of B. in the county of G.

And the said P. P. M. his wife, and S. and D. their children, having been or dered and directed by us, by a certain day now paft, to remove to the said town of B. the place of their former fettlement, and they having neglected [or, refufed] to comply with our faid order: We do therefore command you to convey the faid P. P. M. his wife, and S. and D. their children, from and out of our faid town of A. to the town of and from thence to the town of [or, by the poft road, or, by water to, &c. bere point out the nearest and most convenient route or if they are to be fent from conftable to conftable, then command him to convey and deliver them, together with this warrant, to the conftable of the town of

in the county of being the next town through which they have been fuffered to wander unapprehended, which constable is also commanded to convey and deliver them, together with this warrant, to the next conftable, and fo from conftable to conftable,] to the faid town of B. and them to deliver to the overseers of the poor there, or to one of them, together with this our order, or a true copy thereof, at the fame time fhewing to them the original; and the faid overfeers are required to receive and provide for them as inhabitants of their faid town. Given under our hands and feats, the day of in the year of our Lord &c.

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keep the peace in our county of and alfo to hear and determine divers felsnies, trefpaffes and other mifdemeanors in the faid county committed, at the general feffions of the peace to be holden at &c. in and for the faid county on the

day of &c. at the hour of &c. in the forenoon of the fame day, to certify the truth, and give evidence before the grand inqueft touching a bill of indic ment to be preferred against O. O. in a cafe of trefpafs and affault-[or if to give evidence in behalf of the people, on the trial fay, "on our behalf againft O. O. in a cafe of" &c. or, if for the defendant, "Between us and O. O. in a cafe of" &c. or if the people be not a party, fay, "In a certain appeal now depending, between the overfeers of the poor of the town of and the overfeers of the poor of the town of touching and concerning the removal of R. H. from the faid town of P. to the faid town of B." and then proceed.] And this you, or any of you, are by no means to omit, under the penalty, upon each of you, of two hundred and fifty dollars. Witness &c. at aforesaid, the

To Mr. A. B.

day of &e.

Ticket for the above Subpoena.

G. L. Clerk.

By virtue of a writ of fubpoena, to you directed and herewith fhewn unto you, you are perfonally to be and appear before our juftices, &c. (pursuing the form of the fubpoena to the words " in a cafe of" &c.) and this you are not to omit, under the penalty of two hundred and fifty dollars. Dated this day of &.

Manner of making Return to a Certiorari.

Firft indorfe on the back of the writ these words: "The execution of this writ will appear in a schedule hereunto annexed."

This schedule should be on a distinct piece of paper or parchment, and annex. ed to the writ.

The form of a fchedule or return to a certiorari, by a court of Seffions. County of }ís.

BE IT REMEMBERED, That at the general feffions of the peace, held at in and for the county of on &c. before A. B. C. D. E. F..and others, their affociates, juftices, the peace within the faid county to keep, and alfo divers felonies, trefpaffes and other misdemeanors committed in the faid county, to hear and determine, affigned, upon the oath of P. R. J. B. &c. (infert the names of the jurors by whom the bill was found) good and lawful men of the county aforefaid, then and there fworn, and charged to inquire for the faid people and the body of the faid county, it is prefented in manner and form, as appears in a certain indictment annexed to this schedule.

Form of a fchedule by a justice of the peace.

G. L. Clerk.

County of }ís. I, E. H. Efq.one of the juftices, the peace within the faid coun

ty to keep, and alfo divers felonies, trefpaffes and other misdemeanors, committed in the faid county, to hear and determine, affigned, by virtue of the writ of the people of the ftate of &c. to me delivered and hereunto annexed, do, under my feal certify unto the juftices of the fupreme court of judicature of the faid people, the indictment of which mention is made in the faid writ, together with all matters touching the fame indictment, as in the fame writ I am com,

manded

manded. In witnefs whereof I, the faid E. H. have to these prefents fet my hand and feal. Given at in the faid county, the day of &c.

County of

Form of admitting to bail by two juftices under the act. fs. BE IT REMEMBERED, That on the day of in the year &c. L. M. of &c. yeoman, D. L, of &c. yeoman, and R. W. of &c. yeoman, came before us, E. H. and J. T. Efquites, two of the juftices of the peace in and for the faid county, and feverally acknowledge themselves to owe to the people of the ftate of New-York, in manner following: that is to fay, the faid L. M. fifty dollars, and the faid D. L. and R. W. twenty.five dollars each, to be ref pectively levied of their lands and tenements, goods and chattels, if default shall be made in the condition following

E. H. 1

J. T.

The condition of this recognizance is fuch, that if the above bounden L. M. hall perfonally appear at the next general feffions of the peace, to be holden in and for the faid county, at the court-house in &c. on &c. [or "at the next court of oyer and terminer and general gaol delivery, to be holden in and for the said county"] then and there to answer to the faid court, for and concerning the felonious taking and stealing of the property of A. B. of &c. yeoman, with the fufpicion whereof the faid L. M. ftand's charged before the faid court, and to do and receive what shall by the faid court be then and there enjoined him, and fhall not depart the court without licence, then the above recogni zance shall be void.

Form of a LIBERATE or warrant for the difcharge of a prisoner who finds fureties, after being committed to prison for want of them.

County of Lfs.

G. C. Efq. one of the juftices of the peace in and for the faid county-To the keeper of the gaol at &c. in the faid county GREETING:

and C. D. of

WHEREAS O. P. in the prifon of the people of the ftate of &c. in your cof. tody now being, at the fuit of W. W. of in the faid county, yeoman, for the want of his finding fufficient fureties for his perfonal appearance at the next general feffions of the peace, to be holden in and for the faid county, and for bis keeping the peace [or "being of good behaviour"] in the mean time towards the good people of the faid ftate, and efpecially towards the faid W. W. hath found before me fufficient fureties, to wit, C. S. of each of whom hath undertaken for the faid O. P. under the pain of 50 dollars; and he the faid O. P. hath undertaken for himself, under the pain of 100 dollars, that he, the faid O. P. fhall and will perfonally appear at the next general feffions of the peace, to be holden in and for the faid county, and fhall well and truly keep peace [or be of good behaviour"] in the mean time towards the faid peo. ple, and efpecially towards the faid W. W.: Therefore on behalf and in the name of the faid people, I do hereby command you, that if the faid O. P. de remain in the faid gaol, for the faid caufe, and for none other, then you forbear to grieve or detain him longer, but that you deliver him thence, and suffer him to go at large, and that upon the pain that will thereon enfue. Given under my hand and foal at in the faid county, the day of

the

Plains

County, to wit: A. B. of

Plaint in replevin in the county of yeoman, complains of C. D. of the manor of in the county of gentleman, of a plea of taking and unjustly detaining his beafts (or, his beafts, goods and chattels, or, his goods and chattels, or, his certain mare, or, his certain filver bowl,) and gives fecurity to profecute his faid complaint, and to return the fame beafts, if return thereof hall be adjudged.

IF goods are removed or concealed by tenants to prevent diftrefs, the landlord with a conftable may, in the day time, break doors, and enter suspected places to diftrain them; but in cafe of a dwelling-house, oath must first be made before a juftice of the peace, of reafonable grounds to fufpect the goods are there. in; upon which the justice must issue a warrant for that purpose.

-county fs. A. B. of

Form of the oath.

in the faid county, gentleman, maketh oath and faith, that certain goods and chattels of C. D. of yeoman, have been convey. ed away from &c. by the faid C. D. his fervant or fervants, agent or agents, or other perfon or persons, aiding or affifting therein, to prevent the faid goods and chattels from being taken and feized as a diftrefs for the arrears of rent due to this deponent (or, due to E. F.) and that the faid A. B. hath reasonable grounds to fufpect, and doth suspect that the said goods and chattels are in the dwellingKoufe of at &c. A. B. before me E. H. one of, &c.

Taken and fworn at this day of

Form of the warrant.

yeoman, hath this

made oath be.

yeoman,

County of fs. To any conftable of &c WHEREAS A. B. of day of fore me E. H. one of &c, that certain goods and chattels of C. D. of have been conveyed and carried away from &c. by the said C. D. his fervant or fervants, agent or agents, or other perfon or perfons, aiding or affifting therein, fo as to prevent the faid goods and chattels from being taken and feized as a dif trefs for arrears of rent: And that the faid A. B. hath reasonable ground to fuf. pect that the said goods and chattels are in the dwelling houfe of at &c.Thefe are therefore to command you to aid and assist his fteward, bailiff, receiver, or other perfon or perfons, empowered to take and seize, as a distress for rent, the faid goods and chattels, in the day time, to break open, and enter Into the faid dwelling-houfe of the faid and to take and seize the said goods and chattels for the faid arrears of rent, according to law. Given under my hand &c.

at

Form of an agreement where a landlord gives his tenant further time to pay

his rent.

from the

1. A. B. do hereby confent, that E. D. my landlord, who, on the day of diftrained my goods and chattels, for rent, in a meffuage or dwelling-houfe, fituate in &c. fhall, at my proper cofts, continue in poffeffion of my faid goods and chattels, in the faid meffuage or dwelling-houfe, for the fpace of date hereof; the faid E. D. undertaking to forbear the fale of the faid goods and chattels for the faid space of time, in order to enable me to discharge the said rent. In witnefs, &c.

Form

Form of a challenge to the array of the panel of a jury. See Coke's entries. AND now at this day, to wit, &c. come the aforefaid A. the plaintiff and B. the defendant, by their attornies, and the jurors were impanelled and demanded and came, and thereupon the aforefaid B. challengeth the array of the panel aforefaid, because he faith that that panel was arrayed by one T. T. Elq, now and at the time of making the array aforefaid, theriff of the faid county of which faid fheriff is a kinfman of the aforefaid A. the plaintiff, to wit, [fet forth the degree of affinity with convenient certainty,] and this he is ready to certify, whereupon he prayeth judgment, and that the faid panel may be quafhed, which faid challenge by and triers, to this chofen and fworn, is found true, and

therefore let the panel aforefaid be quashed and removed.

Of

Declaration on a bail bond.

term, in the year one thousand &c.

in the county of

and

-county fs. A. B. affignee of J. T. Efq. fheriff of the county of according to the form of the act in fuch cafe made and provided, complains of C. D. and E. F. being in cuftody &c. of a plea that they render to the faid A. B. dollars of lawful money of &c. which to him they owe, and from him unjustly detain: For that whereas the faid A. B. on the day of in the year &c. at the city of &c. in the county of [or "at within the jurifdiction of this court,"] profecuted, out of the fupreme court of ju dicature of the state of &c. before the juftices of the fatd court [or "out of the court of common pleas in and for the county of" &c.] a certain writ of the people of the ftate of New-York commonly called a capias ad refpondendum, directed to the fheriff of &c. by which the faid people commanded the faid fheriff to take the faid C. D. if he fhould be found within his bailiwick and him fafely keep, fo that he might have his body before the juftices [or "before the judges and af fiftant juftices"] of the faid court, at the city-hall of the city of &c. [or "at the then next court of common pleas, which was to be held at in and for the faid county of "] on the day of &c. to answer to the faid A. B. at a plea of trefpafs, and also to a bill of the faid A. B. against the said C. D. for

dollars upon promises, according to the cuftom of the faid court, before the faid juftices, then, there to be exhibited [or" to answer unto the said A. B. of a plea of trefpafs on the cafe to his damage of dollars, as it was faid"] which faid writ afterwards, and before the return thereof, to wit, on the faid day of in the year aforefaid, at in the county of aforefaid, was delivered to

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afore

J. T. Efq. then fheriff of the faid county of to be executed in due form of law; by virtue of which said writ, directed and delivered to the faid fheriff in form aforefaid, the faid J. T. then being fheriff, as aforefaid, afterwards, to wit, on the day of in the year aforefaid, at in the county of faid, took and arrefted the faid C. D. by his body and had, detained and kept the faid C. D. then and there in his cuftody, by virtue of the faid writ and that arreft-And whereas the faid C. D. and E. F. afterwards, to wit, on the fame day and year laft mentioned, at in the county of aforefaid the faid C. D. being fo taken, arrested, detained and kept by the faid theriff as aforesaid, and then and there remaining in the cuftody of the faid fheriff, by virtue of the faid writ) by a certain writing obligatory, commonly called a bail bond, fealed with the feals of the said C. D. and E. F. and to the faid court now here (hewn, the date whereof is on the fame day and year laft mentioned, acknowledged them. felves to be held and firmly bound to the faid J. T. then being sheriff as afore. faid, by the name of J. T. Cheriff of &c, in the sum of dollars of lawful money

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