strong hand did disseise and drive out, and him the said A B, thus driven out from the aforesaid messuage, with the appurtenances, from the day ofaforesaid to this present

day of the taking of the said inquisition, with strong hand and armed force, did keep out, and do yet keep out, as by the inquisition aforesaid more fully appeareth of record: [if the defendant traversed then add " And whereas the said C D and E F did thereupon, forthwith, to wit, on the said day of instant, in their proper persons appear before me the said Justice and after having had a hearing of the inquisition aforesaid, did immediately in due form of law traverse the same; whereupon I the said Justice did then and there forthwith issue my warrant or precept to the Sheriff of the county aforesaid as the law in such case provided directs, commanding him in the name of the people of the state of New-York to cause to come before me the said Justice, at, &c. on this present day of

twelve good and lawful men of the same county: And whereas, on this present day of, &c. before me the said Justice, the Jurors aforesaid being summoned, chosen, tried and sworn, say upon their oath, that the aforesaid CD and E F are guilty, and each of them is guilty of the forcible entry and detainer aforesaid, in the indictment aforesaid above specified in manner and form as against them is above supposed, as by the record and proceedings thereof now remaining before me the said Justice more fully appears ;] Therefore in the name and on the behalf of the said people of the State of New-York, I charge and command you, that taking with you the power of the county, (if it be needful) you go to the said messuage and other the premises, and the same, with the appurtenances, you cause to be reseised, and that you cause the said A B to be restored and put into his full possession thereof, according as he, before the entry aforesaid, was seised according to the form of the act aforesaid. And this you shall, in no wise omit upon the peril that shall, thereon ensue. Given under my hand and seal at the town of in the said county, the

day of, &e.

Form of a certiorari to remove into the Supreme Court an indictment for a forcible entry and detainer, from before a Justice of the Peace.

The People of the state of New York: To E H, Esquire, one of the Justices assigned to keep the peace within our county ofand also to hear and determine divers felonies trespasses and other misdemeanors within our said county committed, Greeting: We, being willing, for certain causes, to be certified of a certain indictment against A B of, &c. for withholding and forcibly detaining a certain messuage and tenement, &c. (as the case may be) against the form of the act to prevent forcible entries and detainers, whereof the said C D &c. &c. named in the said indictment, is indicted before you, we do, therefore command you, that the indictment aforesaid, with all things touching and concerning the same, with all the names contained in the said indictment by whatsover names they may therein be called, before our justices of our Supreme Court of Judicature, at the city Hall of the city of &c. on the day of &c. next, under seal you send, together with this writ, that our said justices may further do therein what of right, and according to the laws and customs of our said state, ought to be done. Witness &c.

PRECEDENTS IN CASES OF BASTARDY.

Form of an examination of a woman with child of a bas

County of

}

tard.

SS. The voluntary examination of A M of in the said county, single woman, taken on oath before me, JP Esquire, one of the Justices of the peace in and for the said county, this day of Who saith that she is now with child, and that the said child is likely to be born a bastard, and be chargeable to the town of said county, and that C D of

in the

in the said county, black

smith, is the father of the said child.

Taken and signed the day and year

above written, before me

JP

The mark of †AM.

Examination after the birth.

County of

SS.

The examination of A M of

in the

said county, single woman, taken on oath before me, J P Esquire, one of the Justices of the peace in and for the said county, this day of- Who saith, that on the day of now last past, at the town of in the county aforesaid, she the said A M was delivered of a (male) bastard child, and that the said bastard child is likely to become chargeable to the said town of and that CD of

in the said county, blacksmith, did get her with child

of the said bastard child.

Taken and signed the day and year first above written, before me,

J P.

A M.

Form of a warrant for apprehending the reputed father, before

County of

the birth.

To

any

Constable of the town of

in

SS. the said county, GREETING:

Whereas A M of in the said county, single woman, hath, by her voluntary examination, taken in writing upon oath, before me, J P, one of the Justices of the peace in and for the said county, this day declared herself to be with child, and that the said child is likely to be born a bastard, and to be chargeable to the town of in the said county, and that C D of· in the said county, blacksmith, is the father of the said child; And whereas O P, one of the overseers of the poor of the town of aforesaid, in order to indemnify the said town in the premises, hath applied to me to issue out my warrant for apprehending the said C D.-I do therefore hereby command you to apprehend the said C D, and bring him forthwith before me or some other of the Justices of the peace for the said county, to find security to indemnify the said town of - or else to find sufficient surety for his appearance at the next general sessions of the peace to be holden for the said county, then and there to abide and perform such order or orders as shall be made in the premises, and to be dealt withal according to law. Given under my hand and seal, the day of, &c.

County of

SS.

The like after the birth.

To any constable of the town of
said county.

Whereas A M of.

in the

in the said county, single woman, hath, by her examination in writing, upon oath, before me, J P, one of the Justices of the peace, in and for the said county, declared, that on the day of now last past, in the town of in the county aforesaid, she the said A M was delivered of a (male) bastard child, and that the said bastard child is likely to become chargeable to the said town of and hath charged C D of in the said county, blacksmith, with having gotten her with child of the said bastard child: And whereas O P, one of the overseers of the poor [and so on as in the aforegoing precedent to the end.]

Commitment thereupon.

Dutchess county, to wit: To any constable of the town of and to the keeper of the common gaol at

said county:

in the

Whereas A M of single woman, in her voluntary examination, taken in writing, upon oath, the, &c. before me one of the Justices of the peace for the said county, hath declared herself to be with child, and that the said child is likely to be born a bastard, and tobe chargeable to the said town of and hath charged A B of, &c. with having gotten her with child of the said child. And whereas the said A B now personally present before me, being brought by my warrant upon application for that purpose to me made, by O P one of the overseers of the poor of the said town, hath refused to give security to indemnify the said town, or to enter into a recognizance with sufficient surety with condition to appear at the next general sessions of the peace to be holden for the said county, and to abide or perform such order as shall be made in pursuance of the act for the relief of cities and towns from the maintenance of bastard children: These are therefore to command you the said constable to take and convey the said A B to the common gaol of the said county, and to deliver him to the keeper thereof with this warrant. And I do hereby command you the said keeper of the said common gaol to receive the said

A B into your custody in the said common gaol, and him safely to keep until he shall give such security, or enter into such recognizance as aforesaid, or be otherwise lawfully delivered from thence. Given under my hand and seal, this, &c.

1041

A bond to the overseers of the Poor.

KNOW all men by these presents, that we, CD, of

in

in the county of blacksmith, and E F and G H, of the same place, merchants, are held and firmly bound unto I K and L M, overseers of the poor of the town of the said county (in trust for the inhabitants of the said town) in to be paid to the said I K and L M, their executors, administrators or assigns, To which payment well and truly to be made, we bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents. Sealed with our seals. Dated this day of, &c. Whereas A M of single woman, in and by her voluntary examination, taken in writing, and upon oath, the day of last past, before J P, Esq. one of the Justices of the peace in and for the said county did declare herself to be with child, and that the said child is like to be born a bastard, and to be chargeable to the said town of and that the above bounden CD is the father of the

said child.

(Or if it is after the birth, say)

Did declare, that on the day of - last past, at the said town, she was delivered of a (male) bastard child, which is now living, and likely to become chargeable to the said town of and that the above bounden C D did get her with child of the said (male) bastard child.)

Now, therefore, the condition of the above obligation is such, That if the above bounden C D, E F, and G H, or any of them, their, or any of their executors or administrators, do and shall, from time to time, and at all times hereafter, well and sufficiently save, defend, keep harmless and indemnify as well the above named I K and L M, overseers of the poor of the said town, and their successors for the time being, as also the said town, and all and every the inhabitants which now are, or hereafter shall be of the said town,