CD of the detaining aforesaid with strong hand, by my own proper view, then and there as aforesaid had, is convicted, according to the form of the act aforesaid; Whereupon, I, the justice aforesaid, upon the aforesaid C D do set and imdollars to be paid by him to the said peopose a fine of ple of the said state of New-York, for the said offences; and do cause him, then and there to be taken and arrested; and the same C D being convicted, upon my own proper view, of the detaining aforesaid, with strong hand as aforesaid, by me the aforesaid justice is committed to the common gaol of the said people in the town of Poughkeepsie, in the county of Dutchess aforesaid, being the next gaol to the messuage aforesaid, there to abide until he shall have paid his fine to the people aforesaid. Concerning which the premises aforesaid I do make this my record. In witness whereof, I, the aforesaid E H the justice aforesaid, to this record my hand and seal do set at the town of aforesaid, in the county of Dutchess aforesaid, on the day of in the aforesaid year of &c.

Mittimus for a forcible detainer.

DUTCHESS COUNTY SS. S T esquire, one of the justices of the people of the State of New-York, assigned to keep the peace within the said county of Dutchess and also to hear and determine divers felonies trespasses and other misdemeanors in the said county committed; to the keeper of the common gaol at Poughkeepsie, in and for the said county of Dutchess and to his deputy and deputies there, and to every of them greeting: Whereas, upon complaint made unto me this present day, by A B of &c. in the said county, yeoman, I went immediately to the dwelling house of the said AB at aforesaid, in the said county, and there found CD late of &c. labourer, forcibly, with strong hand and armed power, holding the said house against the peace of the said people, and against the form of the act in such case made and provided: Therefore I send you, by the bringers hereof, the body of the said C D convicted of the said forcible holding by my own view, testimony and record: commanding you in the name of the said people to receive him the said C D into your said gaol, and there safely to keep him, until he shall have paid the sum of dollars, to the said people, which I have set and imposed upon him, for a fine and ransom for his said tres

pass. Herein fail you not, at the peril that may follow thereaforesaid, in the county aforesaid, under

of.

Given at

my seal the

day of &c.

1641

Precept of the Sheriff to return a Jury.

Dutchess county, ss. EH, Esquire, one of the Justices of the people of the State of New-York, assigned to keep the peace in the said county of Dutchess, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said county committed; to the Sheriff of the said County, Greeting: In the name of the People of the State of New-York, I command you, that you cause to come before me, at, &c. in the county aforesaid, on the day of &c. (not less than two days from the time of issuing the precept) twenty four good and lawful men of your county, each of whom shall have in his own name or right, or in trust for him or in his wife's right, a freehold in lands, messuages or tenements, or of rents in fee or for life of the value of one hundred and fifty dollars free from all reprises, debts, demands or incumbrances whatsoever, to enquire upon their oaths for the said people, of a certain entry made with a strong hand (as it is said) into the messuage of one A B, in the town of &c. in the county aforesaid, against the form of the act in such case made and provided: And you are to return upon every of the Jurors by you in this behalf to be impannelled, twenty shillings of issues at the aforesaid day: And have you then and there this precept, and this you shall in no wise omit, upon the peril that shall thereof ensue. Witness the said EH at day of, &c.

in the county aforesaid, the

Notice to person complained of.

To Mr. A B, of &c.

On the complaint of C D of, &c. made to me the undersigned, one of the Justices of the Peace for the county of Dutchess, that you have made entry with strong hand into his messuage, situate &c. and him therefrom expelled, I have this day issued my precept to the Sheriff of the said county, commanding him to come before me, at, &c. on, &c. twenty four good and lawful men of the said county, to enquire of such entry. Of all which you are hereby notified.

Dated, &

E H.

The Jurors oath.

You shall true inquiry and presentment make of all such things as shall come before you, concerning a forcible entry (or detainer," as the case may be) said to have been lately committed in the dwelling house of A B, gentleman, in the town of, &c. in this county; you shall spare no one for favor or affection, nor grieve any one for hatred or ill will, but proceed herein according to the best of your knowledge, and according to the evidence that shall be given to you: So help you God.

The oath that B H, your foreman hath taken on his part, you and every of you shall truly observe and keep on your parts: So help you God.

day of

The inquisition, indictment, or finding of the Jury. Dutchess County, ss. An inquisition for the People of the State of New-York, indented and taken at, &c. in the said county of, &c. the in the year, &c. by the oaths of (insert the names of the Jurors) good and lawful men of the said county, before E H, Esquire,one of the Justices of the said People assigned to keep the peace in the said county, and also, to hear and determine divers felonies, trespasses, and other misdemeanors in the same county committed, who say upon their oaths aforesaid, that A B, of, &c. aforesaid, gentleman, long since lawfully and peaceably was seized in his demise, as of fee, [if not a freehold, then say “was possessed,”] of and in one messuage with the appurtenances in aforesaid, in the county aforesaid [if not a freehold" for a certain term of years then and still to come and unexpired"] and his said possession (" and seisin,” if freehold) so continued until C D, late of &c. labourer, and E F late of the same place, blacksmith, and other malefactors unknown, on the day of, &c. with strong hand and armed power into the messuage aforesaid, with the appurtenances aforesaid, did enter, and him the said A B thereof disseized, and with strong hand expelled; for if it be not a freehold say "and him the said A B from the peaceable possession of the said messuage, with the appurtenances aforesaid with strong hand unlawfully did expel and put out"] and him the said A B so disseized and expelled from the said messuage with the appurtenances aforesaid [or "and him the said A B, so expel led and put out from the possession of the said messuage with

the appurtenances aforesaid"] from the said day of, &e. until the day of the taking of this inquisition, with like strong hand and armed power did keep out and do yet keep out, to the great disturbance of the peace of the said people and against the form of the act in such case made and provided. We whose names are hereunto set, being the Jurors above said, do, upon the evidence now produced before us, find the inquisition aforesaid true.

O P,

CD and E F

ads.

Form of the Traverse.

The People.

R S, &c.

day of

And afterwards, to wit, on the aforesaid, in the year aforesaid, before the said E H, I T, and S T, Esquires, Justices as aforesaid, come the aforesaid C D and EF, in their proper persons, and having had the hearing of the indictment and inquisition aforesaid, severally say, that they are thereof not guilty; and of this they put themselves upon the country, &c.

Form of a warrant or precept for a new Jury to try the

Traverse.

Dutchess County, ss. EH, Esquire, one of the Justices of the people of the state of New-York, assigned to keep the peace in the said county of Dutchess, and also to hear and determine divers felonies, trespasses, and other misdemeanors in the said county committed, to the Sheriff of the said county, Greeting: In the name of the People of the State of New-York, I command you, that you cause to come before me, at, &c. in the county aforesaid on the day of(not less than four nor more than eight days from the time of issuing the precept) twelve good and lawful men of your county [or" city and county" if in New-York,] each of whom shall have in his own name or right, or in trust for him or in his wife's right, a freehold in lands, messuages or tenements [if in New-York, "or a personal estate of the value of," &c.] or of rents in fee or for life of the valne of one hundred and fifty dollars free from all reprises, debts, demands or incum

brances whatsoever, by whom the truth of the matter may be the better known, to make a certain Jury of the country, upon their oath to try a certain traverse of an indictment found for the said People of the said state and now pending before me the said Justice against C D of, &c. labourer, and E F of, &c. blacksmith, for a certain entry (and "detainer" as the case may be) made with a strong hand into the messuage of one A B, in the town of, &c. in the county aforesaid, against the form of the act in such case made and provided, and who are in no wise of kin to the said C D and E F, nor to either of them and you are to return upon every of the Jurors by you in this behalf to be impannelled, twenty shillings of issues at the aforesaid day; And have you then and there this precept: and this you shall in no wise omit upon the peril that shall thereof ensue. Witness the said E H at day of, &c.

:

in the county aforesaid, the

1849

Form of the oath to be administered to the Jury.

You do swear (or “solemnly, &c. affirm") that you will well and truly try the issue of traverse joined between the People of the State of New-York and C D and E F, the defendants, and a true verdict give according to evidence: So help you God.

Warrant or precept to the Sheriff to make restitution.

Dutchess County, ss. E H, esquire, 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, to the sheriff of the said county, Greeting: Whereas by an inquisition taken before me the Justice aforesaid, at, &c. in the county aforesaid, on this present· day of &c. upon the oaths of, &c. [insert the names of the Jurors] and by virtue of the act made and provided in cases of forcible entry and detainer it is found that CD, late of, &c. labourer, and E F, late of &c. blacksmith, on the of, &c. now last past, into a certain messu ge, with the ap purtenances, of A B, of the town of aforesaid, in the county aforesaid, gentleman, situate, lying and Leing in the town of. aforesaid, in the county aforesaid, with force and arms did enter, and him the said A B thereof, then with

R

day