2. How attachment is

to issue.

an him; to obtain this attachment you file an affidavit with the register of the service of the subpoena, and thereupon, you enter with the register a rule for an attachment, for not appearing. This is a common order, and you are entitled to it, of course; and it may be entered in term or vacation-you obtain a copy of the order from the register, and with it apply to the clerk in court, who thereupon makes out the attachment, which must have at least fifteen days exclusive between 3. Attach- the test and return, unless on motion or petition the days between court should order otherwise; it may be returnable return. in vacation or in term time. (a)

ments have 15

the test and

Proceedings on attachment.

In Chancery.

SA.

Between

A. B. Complainant,
and

4. Affidavit of the service

C. D. Defendant.

E. F. of the city and county of New-York,

of the subpo- maketh oath, that this deponent did on the

last past

day

of
serve the wife of the defendant
with a subpoena, issuing out of and under the seal of
this honorable court, by delivering to her a copy there-
of, and at the same time, by showing her the original;
by which said subpoena, the defendant was commanded
to appear in this honorable court, on the

at the suit of the above named A. B.

day of

After filing an affidavit of the service of the subpœna on the wife of the above named defendant, let the following rule for an attachment be entered:

(a) Rule 6.

In Chancery.

Between,

SA.

A. B. Complainant,
and

C. D. Defendant.

On reading and filing the affidavit of E. F. and on motion of G. H. solicitor for the complainant, ordered that an attachment issue in the above cause.

Form of an Attachment.

5. Order for an attachment.

an attachment.

The People of the state of New-York: Free and Inde- 6. Form of pendant, &c. To the Sheriff of the City and County of New-York, Greeting: We command you to attach C. D. so as to have him before us in our Court of Chan

cery, on the day of next, wheresoever the said

court shall then be; there to answer unto us, as well touching the contempt, which he, as is alleged, hath committed against us, as also, such other matters as shall be then and there laid to his charge, and further to perform and abide such order as our said court shall make in this behalf, and thereof fail not, and bring this writ with you.

day of

[Witness.] JAMES KENT, Esq. our Chancellor at the city of New-York, on the in the our Lord one thousand eight hundred and eighteen.

year of

Endorsement by the court, for not appearing at the

suit of A. B.

1. Defendant

retained in

ATTACHMENT.

Special Contents.

J. Defendant returned, taken on an attachment.

II. Body of defendant to be produced in court.

III. All defendants in a cause to be named in the same attach

ment.

IV. Defendant refusing to cause his appearance to be entered.
V. Habeas Corpus awarded against the defendant.

VI. How an Habeas Corpus is to be obtained.

VII. When returnable.

VIII. Form of an Habeas Corpus.

IX. Form of the bond to be given conditioned for the defendant's appearance.

Defendant taken on attachment, and the proceedings thereon.

WHEN an attachment for not appearing shall be

custody till the served, the defendant shall be retained in custody there

return day un

less he shall on to answer the exigency of the writ until the return

with one or

more sureties day thereof, unless he shall with one or more sufficient.

give a penal

hundred

bond for three sureties give a bond in the penal sum of three hundred lars. dol-dollars, to the complainant, conditioned for his appearance on the return day of such attachment, according to the command of such attachment, on the return day thereof. If the attachment shall not be returned, 2. Body of the deft to the complainant may enter an order requiring the rein fourteen turning officer to bring the body of the defendant in fourteen days after the service of a copy thereof, or that he be amerced fifty dollars. (a)

be brought in

uays.

fendants in the

3. All de That all the defendants in the same cause so liable same cause to to attachment for contempt, in the same county, shall at-be named in such attachment. Vide Bond, post.

be named in

the same tachment.

All these are common orders, and may be entered of course with the register, in term or vacation. (a)

If the defendant shall be taken on an attachment for (a) Rule 10.

in

con- ant refusing to cause cause his ap

4. Defend

pearance to be

committed and

ant's bill taken

not appearing, and shall be brought into court sequence thereof, and shall neglect or refuse to his appearance to be entered instanter, and his answer entered to be to be filed within such time as the court shall then ap- the complainpoint, he shall stand committed until the costs accrued pro confesso. in consequence of his contempt be paid, and the complainant's bill shall thereupon be taken pro confesso against him by default. (b)

beas Corpus

gainst the de.

The defendant being apprehended, is detained in 5. An Hacustody till he enter his appearance and put in his an- is awarded aswer to the complainant's bill, or an Habeas Corpus is fendant. awarded, commanding the sheriff to bring him into court, or a messenger is despatched for that purpose.

6. How an

is to be obtain

To obtain this writ, it is necessary to apply by motion or petition, generally by motion, for an order for Habeas Corpus a writ of Habeas Corpus to be directed to an officer in ed. whose custody the defendant is confined, commanding him at the return thereof to bring the defendant to the bar of the court, and this is granted of course, producing the attachment or other process with a cepi corpus returned thereon; this order being drawn up, passed, and entered, must be left with the clerk in court who will thereupon make out the writ.

7. When rev

The return is always on a day certain in or out of turnable. term. There is no limited time between the test and return.

Writ of Habeas Corpus.

8. Form of

bea Corpus.

The people of the state of New-York; by the Grace of the writ of Ha God free and Independent. To the sheriff of the city and county of New-York, greeting, &c.

(b) Rule 9th

9. Form of the bond to be

We command you that you do on the

day of

bring before us into our court of Chancery, wheresoever it shall then be, the body of by whatsoever name and addition of names he is called or known, who is detained in our said prison in your custody, (together with an account of the causes of his being taken or detained in custody,) to perform and abide such order and decree as our said court shall make in this behalf, and hereof fail not, and bring this writ with you. Witness, James Kent, Esquire, our Chancellor at New-York, the

day of

in the year of our Lord one thousand eight hundred and eighteen.

Endorsement.

By the Hon. James Kent, Chancellor of the state of New-York.

The Form of the Bond to be given conditioned for the
Defendant's appearance.

KNOW ALL MEN BY THESE PRESENTS, that We, N. O. given, condi- and P. Q. of the city and county of New-York, &c. &c. defendant's ap. are held and firmly bound unto A. B. of the city and pearance. county aforesaid, in the penal sum of three hundred

tioned for the

dollars, to be paid to the said A. B., his executors, administrators or assigns, and for the same payment well and truly to be made, we 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, &c. &c.

The condition of this obligation is such, that if the above bounden N. O. and P. Q. do appear (here mention the return day of the attachment) before our court of Chancery, on the day of wheresoever the said court shall then be, to answer to a bill of com