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Form of a mittimus for felony.

County, ss. To any constable, of &c. and to the Keeper of the common gaol in the said county: These are to charge and command you, the said constable, 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 said 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 said county, by B W, a constable of &c. and charged upon the oath of A B with (here set forth the offence): And you, the said keeper, are hereby required to receive the said C D into your custody in the said gaol, and him there safely keep until he be thence delivered by due course of law. Given under my

hand &c. at &c.

Warrant to apprehend affrayers.

Ulster County, ss. To any constable of the said county: Greeting.

WHEREAS A I, of yeoman, hath this day made oath before me, J P, esquire, one of the justices of the peace for the said county, that on the

day of

year of our Lord one thousand eight hundred and of yeoman, and B O of

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yeoman, at.

in the

A O

in the

said county, in a tumultuous manner made an affray, wherein the person of the said A I was beaten and abused by them the said A O and B O without any lawful or sufficient provocation given to them or either of them, by him the said A I. These are therefore in the name of the people of the state of New-York, to command you forthwith to apprehend the said ▲ O and B O, and bring them before me, or some other of the justices of the peace for the said county, to answer the premises, and to find sureties as well for their personal appearance at the next general sessions of the peace to be holden for the said county, then and there to answer to an indictment to be preferred against them by the said A I, for the said offence, as also for their keeping the peace in the mean time, towards the good people of this state, and especially towards him the said A I. Hereof fail not, as you will answer the contrary at your peril. Given under my hand and seal, at in the said county, the day

of

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day of hundred and

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Warrant for a barrator.

Queens County, ss. To any constable of said county. WHEREAS complaint upon oath hath been made unto me, one of the justices of the peace in and for the said county, that A 0 of- in the said county, yeoman, on the in the year of our Lord one thousand eight and on divers other days and times, as well before as afterwards, at aforesaid, in the county aforesaid, and at divers other places wthin the county aforesaid, was and yet is a common barrator, and daily disturber of the peace of the people of the state of New-York, and also a common brawler, wrangler, fighter, scandalizer, and sower of seditions, suits and discords between his neighbours, and other the people of the said state, to the great damage and disturbance of the said people, and against the peace of the said state, and to the evil example of all others in the like case offending: These are therefore in the name of the said people, to command you forthwith to bring the said A O before me to answer unto the said complaint, and to find sureties for his personal appearance at the next general sessions of the peace to be holden for the said county, at

day of

on the next, then and there to answer unto an indictment on the behalf of the people of the said state, to be preferred against him for the said offences. Hereof fail not upon the peril that shall ensue thereon. Given under my hand and seal, the day of

&c.

Warrant of two Justices to apprehend an offender.
County of SS. Το any constable of, &c.

WHEREAS complaint hath been made unto us, whose names and seals are hereunto set, two of the justices of the peace for the said county, upon the oath of AI of

yeo

man, and BI of yeoman, that on the day of A O of yeoman, did knowingly and designedly, and by false pretences, that is to say, by [here particularise the offence] obtain [here mention the things] from C I of contrary to the statute in that case made and provided: These are therefore to command you, upon sight hereof, forthwith to bring the said A O before us, at to answer the said complaint, according to law. Given unday of, &e.

and further to be dealt withal der our hands and seals, the

A warrant to apprehend a person for coining of money, and to seize his instruments, &c.

County of

ss. To any Constable of &c,

WHEREAS A B of &c. hath this day made oath before me, that on, &c. last past, at the house of C D situate, in &c. he being in the next room, to a private shop or ware-house of the said C D, (who is by trade a silver-smith) through a hole or crany in the partition wall or door, saw the said CD busy with many tools and instruments in making and moulding some white pieces of metal of a round form, and about the size of shillings and half crowns, which he took to be the coining of money: These are therefore in the name of the people of this state to command you to apprehend the said C D and seize all the tools and instruments, and money, which you can find in the shop or house of him the said C D, and that you do bring him together with the said tools and instruments and money (if any such you can find) before me, or some other of the justices of the peace for this county, to be examined concerning the premises, and to be dealt with according to law. Given, &c.

Recognizance with sureties.

County of 85.

BE it remembered, that on the year of our Lord 0 0 of blacksmith, and T S of

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day of

in the

in the said county of in the same county, mason, and S S of in the said county, yeoman, personally came before me, J P Esquire, one of the justices assigned to keep the peace in and for the said county, and severally acknowledged themselves to owe to the people of the state of New-York; that is to say, the said O O the sum of 50 dollars, and the T S and S S the sum of 25 dollars, separately, of good and lawful money of the said state, to be made and levied of their goods and chattels, lands and tenements respectively, to the use of the said people, if the said O O shall make default in the condition following [or hereon indorsed, as the case is.*]

Acknowledged the day and year above written, before me,

JP.

*The condition of the recognizance may be wrote either on the back or at the foot thereof but the latter seems best.

The condition of the above [or within written] recognizance is such, that if the above bound O O do and shall

[as the condition is] then the said recognizance to be void, or otherwise remain in full force.

County of

1640

Recognizance without sureties.

SS.

00 of

in the

BE it remembered, that on the day of year of our Lord in the oaid oounty, laborer, personelly came before me, JP Esq. one of the Justices of the peace in and for the said county, and acknowledged himself to owe to the people of the state of New-York, 25 dollars of good and lawful money of the said state; to be levied of his goods and chattels, lands and tenements, to the use of the said people, if default shall be made in the condition following.

me,

Acknowledged the day and year above written, before

The condition, &c. is such, &c.

Recnrd of a conviction before Magistrates.

County of

SS.

BE

it remembered, that on the

J P.

day

ofthousand eight huudred and aforesaid, A I of Esquires, two of the justices assigned to keep the peace in and for the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said county committed, and gives us, the said justices, to understand and be informed that one A O of in the said county, yeonow last past, at in the

in the year of our Lord one at in the county of comes before us, JP and SB,

man, on the day of said county, did [here set forth the fact in the words of the statute, as near as may be] against the form of the statute in such case made and provided: And afterwards upon the aforesaid day of- in the year aforesaid, at- in the county aforesaid, he, the said A O after being duly summoned in this behalf before us, the justices aforesaid, appears and is present, in order to make his defence against the said charge contained in the said information, and having heard the same, he, the said A O, is asked by us, the said justices, if he can say any thing for himself why he should not be con

victed of the premises above charged upon him in form aforesaid: And thereupon he says he is not guilty of the said offence [or pleads and says that, as the defence may be]— Whereupon one credible witness, to wit, A W of

yeo

man, comes before us, the said justices, and upon his oath,the same oath being by us then and there duly administered,and in the presence as well of the said AI as of the said A O deposes, swears, and upon his oath aforesaid, says, that the aforesaid A O on the day of in the year aforesaid, at in the county aforesaid, did [ here again set forth the fact, or so much thereof as is sufficient to convict the offender] And thereupon the aforesaid A O the

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day of in the year aforesaid, before us, the justices aforesaid, by the oath of one credible witness aforesaid, according to the form of the statute is convicted; and for his offence aforesaid, has forfeited the sum of of lawful

money of the state of New-York, to be distributed as the statute aforesaid directs. In witness whereof, we, the said Justices, to this present record of conviction as aforesaid, have set our hands and seals at in the county aforesaid, the day and year first above written.

If he confesses the fact, then say-And because the said A O has nothing to say, nor can say any thing in his own defence touching and concerning the premiees aforesaid, but does of his own accord freely and voluntarily acknowledge and confess all and singular the said premises to be true, in manner and form as the same are charged upon him in the said information; and because all and singular the premises being heard, and fully understood, by the said Justices, it manifestly appears to us [or if the party has been summoned and does not appear then say]-Whereupon, on the said day of in the year aforesaid, at in the county aforesaid, he, the said A O was duly summoned in this behalf, to appear before us in order to make his defence against the said charge contained in the said information, but the said A O neglects to appear before us, and does not appear nor make any defence against the said charge as aforesaid : Therefore, we, the said justices, on the said day of in the year aforesaid, at- in the county aforesaid, do proceed to examine into the truth of the said complaint: And A W of - a credible witness, comes before us, the justices aforesaid, and upon his oath, &c.

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