'To Mr. A B, my bailiff, greeting: Distrain the goods and 'chattels of C D, [the tenant] in the house he now dwells in, "[or, on the premises in his possession] situate in in the county of for being two year's rent, [or, as the case is,] due to me for the same, at last; and for 'your so doing, this shall be your sufficient warrant and au'thority. Dated the day of W. T. Being legally authorised to distrain, you enter on the premises, and make a seizure of the distress. If the distress be made in a house, you seize a chair or other piece of furniture, and say, 'I seize this chair, [or, whatever it be] in the name of all the goods in this house, for the sum of being two 'year's rent, [or, as the case is] due to me [or to W T your landlord,] at last, [and if the distress be made by any other than the landlord, you add ] by virtue of an authori⚫ty from the said W T for that purpose.' You then proceed to take an inventory of so many goods, as you judge will be sufficient to cover the rent distrained for, and also the charges of the distress. Haying done this, you make a copy of the inventory, according to the following form: 'An inventory of the several goods and chattels distrained by me A B, [the distrainer,] the day of in the 'houses, out-houses and lands [according to the case] of CD [the tenant] situate in in the county of [and if the distress be made by any other than the Landlord, say, by the authority and on the behalf of W T your Landlord] for the sum being two years rent, [or, as the case is] due to me "[or, to the said W T] at last.' of In the dwelling house : One table, Six chairs, &c. In the cow house: Six cows, Two calves, &c. At the bottom of the inventory you subscribe the following notice to the tenant : 'Mr. C. D. 'Take notice, that I have this day distrained [or, that as bailiff to W T your landlord, I have this day distrained] on the 'premises abovementioned, the several goods and chattels specified in the above inventory, for the sum of being 'two years rent [or, as the case is] due to me [or, to the said W T] at last, for the said premises; and that unless you pay the said rent with the charges of distraining for 'the same, within five days from the date hereof, the said goods and chattels will be appraised and sold according to .law. Given under my hand, the day of in the "year of our Lord W. T. A true copy of the above inventory and notice must either be given to the tenant himself, or left at his house; or, if there be no house, on the most notorious place on the premises. And it is proper to have a person with you when you make the distress, and also when you serve the inventory and notice, to examine the inventory, and to attest, if there be occasion, the regularity of the proceedings. The safest way is to remove the good immediately, and in your notice to acquaint the tenant where they are removed: but it is now most usual to let them remain on the premises, leaving a man in possession, till you are entitled by law to sell them, which is on the seventh day. If the tenant require further time for the payment of the rent, and the landlord chuses to allow it, he must take a memorandum in writing from the tenant, in the following form: Memorandum, That I, C D do hereby consent and agreee, that W T my landlord, who hath this day [or who on the day of last] distrained my goods and chattels for rent, in a messuage or dwelling house [according to the case] situate in in the county of shall continue in possession of my said goods and chattels in the said messuage or dwelling house for the space of from the date hereof; the said W T having agreed to forbear the sale of the above goods and chattels for the said space of time, to enable me to discharge the said rent. And I, the said CD do hereby agree to pay the expenses of keeping the said possession. As witness my hand the year of our Lord day of in the C. D. This memorandum is made, that the landlord may not be deemed a trespasser, which he otherwise would, for continuing in possession beyond the time, which is limited by the statute for the sale of the distress. But if there be no allowance of further time, on the sixth you repair to the premises; and, if the rent and the charges of the distress are not paid, you send for a constable and two sworn appraisers, who having viewed the goods distrained, the former must administer to the latter the following oath : 'You and each of you, shall well and truly appraise the goods and chattels mentioned in this inventory, [the consta ble at the same time holding the inventory in his had, and • shewing it to the appraisers] according to the best of your 'judgment. So help you God.' You then indorse on the inventory, the following memorandum : 'Memorandum, that on the ' of our Lord day of in the year G H, of, &c. and J K, of, &c. two appraisers, sworn by me L M of, &c. constable, well and truly to appraise the goods and chattels mentioned in this inventory, according to the best of their judgment. As witness my ' hand. Present at the time of swearing the said G H and J K as above, and witnesses thereto. O. P. L. M. Constable. And after the appraisers have valued the goods, you go on with the indorsement on the inventory, as follows: We the abovenamed G H and J K being sworn, by L M, the constable abovenamed, well and truly to appraise the "goods and chattels mentioned in this inventory, according 'to the best of our judgment, and having viewed the said ' goods and chattels, do appraise and value the same at the sum of As witness our hands, the ' in the year of our Lord G. H. day of J. K. Sworn Appraisers. As soon as convenient after the appraisment, the property should be sold at public vendue, three days public notice being given of the sale. The goods taken in distress being disposed of, you dednet from the amount of their produce the rent in arrear, and all reasonable charges attending the distress; after which, the overplus (if any) is to be returned to the tenant. If the tenant means to replevy the distress, he must, within the time allowed him by the statute for that purpose, that is, within five days after he has notice of the distress, take with him two house-keepers, living in the county where the distress was made, and go to the sheriff's office of such county; where he must enter into a bond, with the two housekeepers as surities, in double the value of the goods distrained, conditioned for the prosecution of a suit in replevin, against the distrainer, with effect; and for returning the goods, if a return thereof shall be awarded. Upon this, the sheriff will restore the possession of the goods to the tenant, to abide the event of the suit in replevin. K Replevin Bond. NOW all men by these presents, That we, A B, of C D and E F, of in the county of Duchess, are held and firmly bound unto G H, sheriff of the said county of Dutchess, in to be paid to him, his executors, administrators or assigns, and for the said payment to be well and truly made we do bind ourselves jointly and severally, and our and each of our heirs, executors and administrators firmly by these presents. Sealed with our seals, and dated this &c. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas the above named sheriff by virtue of his office, and upon the complaint of the above bound AB hath delivered to the said A B, (naming the property) which one J K lately took and wrongfully withheld as the said A B says; now if the said A B shall prosecute his said suit with effect and without delay, and shall return the said goods and chattels in case a return shall be awarded, then this obligation to be void, otherwise to remain in full force. The value of the property is ascertained by persons testifying to the same, who may be sworn and examined by the sheriff. The plaint must be in writing and in the following form: Westchester county, to wit: A B of Bedford, in the county of Westchester, yeoman, complains of C D, of the manor of Pelham, in the county of Westchester, gentleman, of a plea of taking and unjustly detaining his beasts (or, his beasts, goods and chattels, or, his goods and chattels, or his certain mare, or his certain silver bowl,) and gives security to prosecute his said complaint, and to return the same beasts, if return thereof shall be adjudged. PROCEEDINGS IN FORCIBLE ENTRY AND DETAINER. Record of a forcible detainer upon view. DUTCHESS COUNTY, SS. BE IT REMEMBERED, that on the day of - in the year. at in the county of Dutchess, aforesaid, A B complaineth to me one of the justices of the people of the state of New-York, assigned to keep the peace, in the said county, and also to hear and determine divers felonies, trespasses and other misdemeanors, in the said county committed, that C D late of, &c. into the messuage of him the said A B being the dwelling house of him the said A B situate within the town of aforesaid, with 66 day of at the strong hand did enter, and him the said A B from the messuage aforesaid, whereof the said A B at the time of the entry aforesaid, was seized as of the freehold of him the said A B for the term of his life, [or, was seized in his demesne as of fee," or if it is not a freehold say, "was possessed,"] unlaw fully ejected, expelled and amoved, and the said messuage from him, the said A B unlawfully, with strong hand and armed power, doth yet hold and from him detain, against the form of the act in such case made and provided; whereupon the said A B then to wit, on the said town of aforesaid, prayeth of me so as aforesaid being justice of the peace, to him in this behalf that a due remedy be provided, according to the form of the act aforesaid: Which complaint and prayer by me being heard, I, the aforesaid justice to the messuage aforesaid personally have come, and do then and there find and see the aforesaid C D the aforesaid messuage with force and arms, unlawfully, with strong hand and armed power, detaining, against the form of the act in such case made and provided, according as he the same A B so as aforesaid hath unto me complained; There fore it is considered by me the said justice, that the aforesaid |