Imagens das páginas
PDF
ePub

state, to be respectively made and levied of their several goods and chattels, lands and tenements to the use of the said people, if he the said C D shall fail in performing the condition hereon endorsed [or " underwritten” if it be so.] Acknowledged before me, I F.

10401

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 said state, and especially towards A B, of, &c. in the said county, farmer; then the said recognizance shall be void or else remain in full force.

Condition of a recognizance to answer to an indictment for an assault and battery.

The condition of this recognizance is such, that if the above bounden C D shall personally appear at the next general sessions of the peace, to be holden in and for the said county, then and there to answer to an indictment, to be preferred against him, by A B of - yeoman, for an assault 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, otherwise to remain in full force.

Warrant of commitment for want of sureties.

County, ss. To any constable of, &c. and to the keeper of the common gaol in the said county, Greeting: Whereas CD of in the said county, laborer, is now brought before me, I F, Esquire, one of the justices of the peace in and for the said county, and required to find sufficient sureties to be bound with him in a recognizance for his personal appearance at the next general sessions of the peace to be helden in and for the said county, and in the mean

time to keep the peace [or, "be of good behaviour"] towards the good people of the state of New-York, and more especially towards A B of in the said county, farmer : And whereas the said C D hath refused and doth now refuse [or" hath neglected and doth now neglect"] before me to find such sureties: These are therefore in the name of the people of the said state to command you the said constable forthwith to convey the said CD to the common gaol of the said county, and to deliver him to the keeper thereof together with this precept; and I do hereby command you the said keeper, to receive the said 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 seal, at, &c. the day of, &c.

If a warrant is issued by a justice and the offender escapes into another county, a justice of such other county, on proof of the hand writing of the justice issuing the warrant, must indorse his name on the same, which will be an authority to arrest the party there. 1 L. N. Y. 149.

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 said 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 mentioned: 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 said county of Dutchess. Given under my hand, &c.

Form of a complaint to obtain a search warrant.

County, ss.

BE IT REMEMBERED that this

[ocr errors]

day of A B of in the said county of yeoman, in his proper person, comes before me, JC, Esq. one of the justices of the peace in and for the said county, and upon oath maketh complaint, that on the day of, &e. [or as the

case is] divers goods and chattels of him the said A B, of the value of, &c. that is to say, &c. (describe the articles) were feloniously stolen, taken and carried away, from and out of the dwelling house of him the said A B, situate at, &c. in the county aforesaid; and that he hath just and reasonable cause to suspect, and doth suspect, that the said goods and chattels, or some part thereof, are concealed in the dwelling house of PR, of, &c. in said county, labourer; for he, the said A B upon his oath aforesaid, doth depose and say, that (set forth the grounds of suspicion, that they may appear to be reasonable,) and therefore, he the said A B prays that justice may be done in the premises.

Before me, &c.

County of

Search warrant on the above complaint.
ss. To any Constable 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 justices of the peace in and for the said county, that on &c. certain goods and chattels of him, the said A B to wit: have, by some person or persons unknown, been feloniously stolen, taken and carried away out of the dwelling house of him, the said A Bat 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 PR, of - in the said county, labourer; These are therefore in the name of the people of the state of NewYork, to authorise and require you, with necessary and proper assistance, to enter in the day time, into the said dwelling house of the said 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.

[ocr errors]

Form of an Examination of a person charged with felony.

-la

County, ss. The examination of O P late of bourer, taken before me, D A, Esquire, one of the justices of the peace, in and for the said county, this day ofin the year of &c. The said O P being charged before me by A B, of &c. yeoman, with feloniously stealing, taking and arrying away out of the dwelling house of the said AB at

on &c. (here describe the articles and state the value of them) of the goods and chattels of him, the said A B: He, the said O P, upon his examination now taken before me in pursuance of the act in such case made and provided, saith or confesseth or denieth,] That &c. (according to the fact.) Taken before me, &c.

-040

Form of the information or complaint of a felony committed, &c. County of

-SS.

}

THE INFORMATION of A B, of &c. yeoman, tak- · en before me, &c. (as before.)

10401

General form of a Recognizance to prosecute and give evidence. County of

[ocr errors]

-SS. 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, Esquire, one of the justices assigned to keep the peace in and for the said county, and acknowledged himself to owe to the people of this state, the sum of, &c. of good and lawful money of this state, to be made and levied of his goods and chattels, lands and tenements, to the use of the said people, if the said A B, shall fail in the condition following:

Acknowledged before me CD, &c.

One P R, late of &c. labourer, was this day brought before me, the justice above named, by the above stealbounden A B, and was by him charged with feloniously ing, taking and carrying away at in the county aforesaid, one &c. (here describe the articles, &c.) of the value of &c. of the goods and chattels of him, the said 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 sessions of the peace [or, “gaoł delivery,"] to be holden in and for the said county, prefer, or cause to be preferred, a bill of indictment of the said felony, against the said P R, and shall then and there also give evidence concerning the same, as well to the jurors that shall then enquire of the said felony, as also to them that shall pass upon the trial of the said P R, then the said recognizance shall be void, or otherwise remain in full force and effect.

1441

Form of a warrant for a witness.

-County, ss. To any Constable of &c.

WHEREAS oath has been made before me, B A, Esquire, 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 said 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 dwelling house of him, the said A B, at &c. (or as the case may be) and that he hath good cause to believe that PR of is a material witness to prove by whom the said felony was committed: These are therefore to require you to cause the said PR 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. seal 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 bounden P R shall personally appear at the next general sessions of the peace, to be holden at in and

for the said county, and then and there give such evidence as he knoweth, upon a bill of indictment, to be exhibited by A B of - yeoman, to the grand jury, against C D, late of

in the said county, labourer, for feloniously taking and: arrying away (here name the goods) the property of and in case the said bill be found a true bill, then if the said P R shall then and there give evidence to the jurors that shall pass on the trial of the said CD upon the said bill of indictment, and not depart thence without leave of the court, then this recog nizance to be void; otherwise to remain in full force and effect,

« AnteriorContinuar »