for the said R S in the plea aforesaid, according to the act "for the recovery of debts to the value of twenty-five dollars" for the payment of any sum which may be adjudged against the said R S, in the plea aforesaid, hereby engaging to pay the said sum to P R. Dated the

Taken, signed and acknowledged the day of the date hereof, before me O S.

day of
G. H.

Security to be given when defendant is brought up on a warrant, and applies for a postponement.

I, U T do hereby become security to C D, Esq. one of the justices of the peace in and for the county of D, that G H will appear before the said justice, on the

at

o'clock in the

noon at

day of

in the town of in the said county, at the suit of O P, in a plea of and answer the said action, and that he will pay the debt and damages and costs [or damages and costs] adjudged in the said plea, or will render himself in execution in case judgment shall be given against him the said G H. Dated this day of

Taken, signed and acknowledged the day of the date hereof, before me, C. D.

Bond required before Attachment issues.

U. T.

KNOW all men by these presents, that we X Y and P Q of the town of in the county of W, are held and firmly bound to E F, in the penal sum of twenty five dollars, of lawful money of the state of New-York, to be paid to the said E F, his executors, administrators, and 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, and dated this day of

The Condition of the foregoing obligation is such, that if the said X Y, his heirs, executors, and administrators, shall well and truly pay the said E F, his executors, administrators, and assigns, all such damages and costs, which he the said E F may sustain by reason of a certain at chment being issued, against the goods and chattels of the said E F, by A

B, Esq. one of the justices of the peace, in and for the county of in favor of the said X Y, under the twentythird section of the Act, "for the recovery of debts, to the value of twenty-five dollars," in case no judgment shall be recovered against the said E F, on such attachment, then the foregoing obligation to be void, else to be in full force and

Attachment against an absent or absconding debtor.

By A B, Esq. one of the Justices of the peace, in and for the county, [or city and county] of W.

Any constable of the said county [or city and county,] is hereby commanded in the name of the people of the state of New-York, to attach the goods and chattels of E F, (except such goods and chattels as are exempt from Execution,) and the same safely keep, to satisfy such Judgment as may be rendered by me, against the said E F in favor of X Y, on an application made by the said X Y, before me, under the twenty third section of the act" for the recovery of debts, to the value of twenty-five dollars," and the said constable is commanded to return to me this precept, at, &c. on, &c. at

o'clock, &c. [let the return day be more than 6, and less than 12 days from the date,] and also to leave a copy of this Attachment at the dwelling house or other last place of abode of the said E F. Given under my hand, at the said county, this day of

149

A B.

in

Bond to be given to the Plaintiff on the Attachment, to prevent the goods &c. being removed.

KNOW all men, &c.-(See preceding bond for the form of Penalty, only make the sum 50 dollars instead of 25 dollars and let the Plaintiff be the Obligee.)

The Condition of the foregoing obligation is such, that if certain goods and chattels this day seized on attachment against E F, to wit:-(here insert the goods and chattels in detail,) shall be produced to satisfy any execution against the

goods and chattels of the said E F, which may be issued by A B, Esq. one of the justices of the peace in and for the county of W, on a judgment to be recovered against the said EF in favor of X Y on an application heretofore made to the said justice by the said X Y for an attachment against the goods and chattels of the said E F under and in virtue of the twenty-third section of the act," for the recovery of debts, to the value of twenty-five dollars," and on which attachment the said goods and chattels, were taken according to law, then the foregoing obligation to be void otherwise to remain in full force and virtue.

Signed, as before.

Juror's Oath.

You do swear in the presence of Almighty God, that you will well and truly try the matter in difference between A B plaintiff, and C D defendant, and a true verdict will give according to evidence.

Oath (or affirmation) of a witness to give evidence.

You do swear in the presence of Almighty God, (or, do solemnly, sincerely and truly declare and affirm) that the evidence you shall give in this matter in difference between A B plaintiff, and C D defendant, shall be the truth, the whole truth and nothing but the truth.

1041

Special form of an oath used by some denominations of Christians, with the uplifted hand.

You do swear by the Ever-living God, that the evidence you shall give, &c. as before.

18401

Oath (or affirmation) of a witness or juryman on his voire

DIRE.

You do swear in the presence of Almighty God, (or“ solemnly, &c, affirm,") that you will true answers make, to such questions as may be put to you, touching the challenge now exhibited against you, [or "touching your interest in the present suit, &c.]

W

Constable's Oath.

You do swear in the presence of Almighty God, that you will, to the utmost of your ability, keep every person sworn on this inquest, together in some private and convenient place, without meat or drink, except water; you will not suffer any person to speak to them, nor speak to them yourself, unless by order of the Justice, unless it be to ask them whether they have agreed on their verdict, until they have agreed on their verdict.

1040

Form of the Indorsement to be made by a Justice on the Execution, when the party is entitled to exemption from imprison

ment.

Dutchess County, ss. I, E H, the Justice within mentioned do hereby certify according to the form of the act in such case made and provided, that the within named C D at the trial before me on which the within mentioned judgment was rendered, did prove to my satisfaction, that he then was not a freeholder and had a family within this state.

E H, Justice of the Peace.

Form of a Justice's order on the county Treasurer for compensation to a Constable for apprehending a felon.

Dutchess County, ss. To W E, Treasurer of said county. WHEREAS J W, one of the constables of the town of A in said county, hath this day applied to me, D H, one of the justices &c. for a warrant on the Treasurer of said county directing him to pay the said constable for his reasonable expenses and trouble, in apprehending and conveying PS, a felon, to the common gaol in said county, upon a warrant of commitment issued by A B, he not having goods or money within said county to defray the same; and whereas upon examination on oath, in the premises, I find the reasonable dollars. I allowance to be made unto said constable is do therefore hereby order you the said treasurer to pay the said sum of dollars to said constable out of such monies as you shall have in your hands unappropriated. Given under my hand and seal this

day of

D. H, Justice of the Peace.

FEES.

Justice's Fees under the "Act to prevent Forcible Entries and

Detainers," &c. &c.

For a precept to summon a jury, to enquire of a forcible entry or detainer, thirty-seven and an half cents.

Administering an oath, twelve and an half cents. Swearing a jury to enquire of a forcible entry or detainer, twenty-five cents.

A precept to summon a jury to try a traverse of the force, thirty-seven and an half cents.

Swearing a jury to try the traverse, twenty-five cents. For drawing a conviction of a forcible entry or detainer, one dollar.

A warrant of restitution, thirty-seven and an half cents. A mittimus for a fine or forfeiture, nineteen cents.

A warrant against any person for a breach of the peace, or a misdemeanor, nineteen cents.

A bond or recognizance, twenty-five cents.

A summons upon a penal law, twelve and an half cents.
Drawing a conviction, thirty-seven and an half cents.
A warrant to levy a penalty, nineteen cents.

The Constable's Fees.

For serving a warrant, nineteen cents.

Serving a summons, twelve and an half cents.

Serving a warrant of distress for rent, one dollar and fifty cents; making an inventory on such distress, and draft of notice, and as many copies as may be necessary, one dollar; travelling fees, per mile, six cents; fees for levying and selling, for each dollar, two cents, or levying only, for each dollar, one cent; provided that this shall not extend to the city of New-York.

Milage for every mile, going only, eight cents.