I f THE JUSTICE OF THE PEACE, EEINCr A GENERAL DIRECTORY, AND FORMS PROPER FOR THE DUE EXECUTION OF THE OFFICE, ACCORDING TO THE COMMON AND STATUTE LAWS, NOW IN FORCE AND USE IN THE STATE OF CONNECTICUT. WJTII MAN,Y OTHER FORMS NOT PECULIARLY APPROPRIATE TO THAT OFFICE. BY JOSEPH BACKUS, COUNSELLOR AT LAW. HARTFORD : PRINTED FOR THE AUTHOR .&,/. .Russell, 1' DISTRICT OF CONNECTICUT, ss. s+r~^ BE IT REMEMBERED, That on thS third day of October,, SEAL I in the forty-first year of the Independence of the United States \^^J f America, Jose'ph Backus, of the said District, hath deposit- ed in this office the title of a book, the right whereof he claims AS author, in the words following, to wit : ^ " The Justice of the Peace, being a general directory, and forms proper for the due execution of the office, according to the common and statute laws, now in force and use in the State of Connecticut. With many other forms not peculiarly appropriate to that office. By Joseph Backus, Coun- sellor at Law." In conformity to the Act of the Congress of the United States, entitled, "An act for theeucQuragement of learning, by securing the copies of Maps, Charts, and Books, to the authors and proprietors of such copies, during th<* times therein mentioned." HENRY W. EDWARDS, Cfcrfc of the District of Connecticut. A true copy of Record examined and sealed by me, H. W. EDWARDS, Ckrk of the Districtof Connecting RECOMMENDATION. 1 have, at the request of JOSEPH BACKUS, Esq. examined svith some attention, a manuscript work of his, entitled / the justice for fiae, damages, CONTENTS. Page, Form ofeontplaint in case of secret assault, 47 Oath, - ib. Form of warrant, 48 Recor:' of enquiry, ib. Reco. :>zance, 49 Conspiracy. To prosecute an innocent man, 50 Complaint for disorders in the night season, ib. Warrant and Record, 51 CHAPTER VI. Theft, 52 Complaint in petit larceny, 54 Warrant, - ib. Record, - ib-. Record of judgment on complaint by grand juror where the value of the goods stolen exceeds eighty-three cents and is less than three dol- lars and thirty four cents, 56 Record of judgment where the value of the goods stolen exceeds $3,34, and are not of greater value of $30,00, 58 Warrant of execution, ib. Record of a judgment in case where the articles stolen exceed the value of $3,34, and ao not exceed the value of $30,00, - - 6O Warrant of execution and distress, - 61 Record of enquiry in case where the goods stolen exceed the value of $30, . 62 Recognizance, - 63 Mittimus, ib. Process issued on the affidavit of a private person, 64 Warrant, 65 Process, oui-lam Tor thet't, 66 Oath, ib. Se;;rch warrant, 67 Officers':; return, ib. Plea, ' - ib. Record of enquiry and judgment, 68 Warrant for inflicting the stripes, ib. Execution, 69 Complaint for receiving stolen goods, ib. CHAPTER VII. Burglary, 71 Complaint, ib. Warrant, 72 Record of enquiry, ib. Condition of the recogni/anfe, - 73 Mittimus- ib. CONTENTS. Page i Complaint for stealing from (he person (com- monly called picking pockets) at an assem- bly collected to extinguish fire. 74 CHAPTER VIII. Robbery, - 76 Complaint, ib. CHAPTER IX. Forgery, Complaint, ib. Counterfeiting money, 78 Complaint for counterfeiting money, ib. Complaint for passing counterfeit money, ib. CHAPTER X. Arson, 80 Complaint by a grand juror, ib. Complaint by a private person for arson with the loss of life, - 81 Warrant, with hue and cry, 82 Return by the sheriff' ot another county, ib. Record, 83 Mittimus, ib. CHAPTER XI. Lascivious carriage, . 85 Complaint, ib. Fornication, Complaint for Ib Adultery, Complaint for, - - ib Bigamy, Complaint for - 86 Complant for being found in bed with another man's wife. - - ib Complaint for wearing women's apparel, - ib Rape, 87 Complaint fer attempting a rape, ib Complaint for a rape, - 88 Warrant, - ib Complaint against a witness for false swearing with design to take away a man's life, 89 CHAPTER XII. Mayhem, 00' Complaint, - ib CHAPTER XIII. Homicide, * 91 Complaint for Murder, 92 Warrant, with- hue and rw. af'rv >. Tuun.U'rpr, I!,- B CONTENTS. Page. CHAPTER XIV. Concealing; Pregnancy with delivery and death of of bastard children, - - 95 Complaint for concealing pregnancy, <^c. ib Complaint for concealing death of bastard children o that it cannot be known whether murdered or not 96 CHAPTER XV. Dueling, 97 Challenging to fight a duel, ib Accepting a challenge, ib Carrying a challenge. ib Being present at a duel, ib CHAPTER XVI. Crimes against God and Religion, - 98 Drunkenness, - ib Process against a person upon the view of a Justice, ib Record, ib Warrant of Execution, 99 Profane swearing and cursing, 100 Sabbath breaking, ib Record, 101 Warrant of distress and commitment - 102 Record of judgment where a person is taken by a constable or tithing man breaking the sabbath and brought before a justice of the peace, ex- officio, without a warrant, - 103 Complaint by informing officer. ib CHAPTER XVII. Gaining, 105 Complaint against a gamester, ib~ Complaint against the head of a fain ily for per- mitting cards to be played in his house ib. Against a man for selling playing cards, ib. For keeping playing cards for sale, ib. Against a tavern keeper for keeping playing cards in or about his house, 4"C. - 10G -Against a person for keeping a billiard table ib. Against a person for owning an E. O. table, ib. Against a person who has won or lost at a game ofhazzard 107 Against a person who has suffered gaming in his house, 4'c. by which money, 4-c. is won or lost, ib. Process to starch for, seize and destroy an E. O. or a billiard table ib. Oath, - - ib. Warrant, 108 Officer's return, - ib. Record, - ib. Warrant of execution. - 109 CONTENTS. ju Pag. CHAPTER XVIII. Perjury, 110 Complaint by a grand juror, - ib. Subornation of Perjury ; complaint for, 111 CHAPTER XIX. Apostacy, Complaint for, 1 13 Blasphemy ; Complaint for, - ib. CHAPTER XX. Riot. Complaint for, 116 RecorJ of prosecution in case of riot where the rioters were arrested by two justices assisted by the select men and canstables of the town after proclama lion n ade - ib Mittimus, 117 Complaint for refusing to assist a sheriff or consta- ble in the conservation of the peace. - 118 CHAPTER XXI. Complaint for defaming a magistrate. 120 Complaint for resisting a constable in the execu- tion of a warrant. .... 121 CHAPTER XXII. Treason. Complaint for, . . 122 Misprision of treason, Complaint for, ib. CHAPTER XXIII. Inquisition of death, - 123 Venire Facias, - ib. Jurors oath, iij. Charge to the jury by the justice. ib. Witnesses oath, 124 Inquisition, - ib. BOOK II. Civil Jurisdiction. - - 12&- CHAPTER I. SECT. I. Actions on contracts, - - - - 129 Writ and declaration in book debt where Ex- ecutor sues. .... jb. Plea, - - 130 Record, - - ib. Form of writ and declaration where administra- tor is sued; - - 131 Plea, - - - ih CONTENTS. Page, Record, , 132. Execution, ib. Form of writ and declaration, merchants in com- pany against merchants in company, by at- tachment, 133 II. Account. - 134 Writ and declaration, two surviving partners against one surviving partner, whose body is priviliged from arrest, by attachment. - ib. Return. 136 Plea, - - - ib. Record, - - - - ib. Form of recognizance on appeal, - - 138 IH. Assumpsit on note, surviving promisee, plaint- iff, against surviving promisor, defendant, by by foreign attachment - - - 139 On note, given by merchants in company, to merchants in company, by attachment, - 140 Husband and wife against husband and wife, on note given by feme defendant, while sole, to feme plaintiff, while sole, - 141 SECT. IV. Writ and declaration by one town against an- other, for supporting a pauper, - 142 Writ and declaration on due bill, . 143 Record, 144 Declaration for rent, for the use and occupation of real estate, . . . 145 Declaration for rent where no price was agreed upon by the parties. . . . ib. Declaration, on promise for promise, . 146 Declaration on account stated, . . ib. ?E<-T. V. Orders, . . . 14? Payee, against acceptor, on an order accepted ib. Against drawer, on order not accepted, . ib. SECT. VI. Indorsed notes, . . . 148 Assignee against assignor, after suit against the promisor. . . . . ib. Assignee against assignor, because of insolvency without suit against promisor. . . 150 (W-.CT. YII. Debt, ... 151 Declaration in debt on due bill, ib. Debt for rent. . . . ib. Debt on bond, . . . 152 Onjudgment, . , . ib. On award, ' ib. Debt on recognizance for cost, . . 163 VIII. Scire facias against special bail. . 164 Scire facias on foreign .attachment, vs. gar- nishee. ... 1SQ CONTENTS. xiik Paqe. ' Plea, . .157 Executor, vs. Administrator, . . 158 CHAPTER II. SECT. I. Actions on statutes, . . . 160 On the statute against cutting trees, . ib. SECT. II. On the statute regulating stage and other car- riage drivers, . . . . 161 SECT. III. On statute against gaming, looser against win- ner of money, &.c. < 162 SECT. IV. A stranger against the winner, qui-tam, 163 SECT. V. Qui-tam, against seller of playing cards, 164 SECT. VI. On statute for preventing mischief by dogs against defendant whose son's dog had killed plaintiff's sheep, . . ib, SECT. VII. On statute to prevent passing counterfeit bills, &c. Against defendant who had pas- sed a counterfeit bank note to the plaintiff, 165 Plea, . . 166 Record, . , , ib, CHAPTER III. SECT. I. Actions founded on Torts, trespass and case, 16 Infants against infants assault and battery writ and declaration, . 16f> Officer's return, . . . 170 Plea, . ib. Record, . . , ib- Husband and wife, against husband and wife, writ and declaration, . . 171 Plea, . . . ib. Record, . . 172 By master for battery of his servant, . ib. Assault with false imprisonment, ib. SECT. II. Slander, , 173 Declaration, - ib. SECT. III. Trover, 174 Declaration, ib. SECT. IV. Deceit,' 175 Declaration, - ib. SECT. V. Trespass on personal property, ib. On real property, 176 Another, with continuando, ib. Plea, ib. Record, 177 CHAPTER IV. SECT. I. Holding over of estate leased, - 178 Complaint,, - ib. CONTENTS. Summons, Officer's return, Plea, Venire Facias, Officer's return of the venire, Verdict, Record, Execution, J'ae 179 ib. ib. ib. 180 ib, 181 182 CHAPTER V. Forcible entry, and detainer, Warrant, Venire Facias. Officer's return of venire, Plea, Verdict, Record, Form of execution, 185 186 ib. 187 ib. 188 ib. 189 CHAPTER VI. SECT. I. Bastards, Complaint during pregnancy, Oath, Warrant, t - Officer's return, Plea, Record, Recognizance, Mittimus, Complaint after delivery, Warrant, Record, BECT. II. Complaint by select men, CHAPTER VII. SECT. I. 191 ib. ib. ik 19? ib. ib. 195 196 ib 197 Replevin, 199 Form of a writ of replevin of goods attacbed 200 For beasts impounded, - - 201 Officer's return, - 202 Avowry, - ib. Plea in bar of the avowry, - ib. Replication, . 203 Judgment and record, ib. Form of a writ, and declaration in replevin, by the owner, where his goods or chattels arc attached, taken, or held, as the property of another, or without any legal process, whatever 205 CONTENT^. iv. Page, CHAPTER VIII. SECT. I. Mittimus, here the body of a defendant has been taken on an attachment, and he refuses or neglects to procure bail, 206 SECT. II. Another, 207 CHAPTER IX. Judgment and pleas, ^ 208 Of nonsuit, ib, On default, ib. Plea to the jurisdiction of the court, ib. Demurrer, 209 Judgment ib. Plea in abatement ib. Demurrer, 210 Pleas in chief ib. Judgment, 211 Trover 213 Plea, - ib. Judgment for plaintiff', - ib. Plea of several defendants in trespass, for taking goods and chattels, - 214 Judgment ib. Plea of, owe nothing in book debt, - 215 Judgment for plaintiff, ib. For defendant, ib. Plea of full payment on a note, - 216' Special demurrer ib. Rejoinder, - - - ib. Judgment, . 217 Recognizance on confession of debt on book, and Judgment thereon, - - ib. On note, - 218 Form of execution, on judgment rendered on confession of debtor, ib. CHAPTER \- Depositions, 219 Form of deposition, ib. Form of caption, ib. Superscription, 220 CHAPTER XI. Forms of deeds, 221 Of executors or administrators of land, sold by- order of the court of probate, to pay debts ib. CONTENTS. By Guardian, who sells minor's land Mortgage deed, ... 003 CHAPTER XII. Indentures of apprenticeship, fyc. 226 A father binding his child, . . ib. Form of indenture by guardian without property, 226 By selectmen, binding out a poor boy, 227 Form, when a boy is bound out till fourteen years of age, by selectmen, . . 228 Forms of Orders, Notes, and Bills of Exchange, 230 Of a single bill for the payment of money, 231 Of a penal bill for the payment of money, ib. Of a bond from one to one, . ib. From two to one, . 232 From one to two, . ib. Of condition of a bond to pay money at several days, . . 233 to pay quarterly, . 234 Of a counter bond of bond .of indem nity, ib. Of a counter condition where one man is bail for another, Of a condition to perform covenants in a deed, ib. To pav on the marriage or death of obligor, . 236 At the expiration of apprenticeship, ib. To marry a woman at a day lim- ited, or pay a sum of money, 237 Of a condition for the redemption of a thing pawned, . . ib. To indemnify a town against a bastard child, 238 To keep a person during life, &c. 239 To pay an annuity, ib. To the failhful service of an apprentice, ib. For conveying land, to a purchaser, &c. '- 240 To make a jointure to a rvife, - 241 Of a bond in consideration of marriage to trustees for the benefit of the wife and children, ib< For maintaining a wife upon a separation, 243 Of an arbitration bond, fyc. ib. Of a bottomry bond, 244 Condition of a bond to two persons iinpowered by letter of attorney to get 'Tin his estate and pay ever, - 245 CONTENTS. xVii. Page. Condition of bond by the intended husband to the lady's father to pay her a yearly um by quarterly payments, for her separate use, 246 A receipt in full of all demands, 247 Fora legacy, ib. For purchase- money and executing a conveyance, ib. For money for the redemption of lands - ib. For writing? for which the receiver is to be an- swerable, - 248 A general letter of attorney to receive and recov- er debts, - - ib. Irrevocable to receive money due on a bond 249 To receive a sum of money decreed in chancery, ib. From a seaman to receive his wages, - 250 To receive a legacy left by will, . 251 To demand rent and enter on lands, . ib. To sue for lands, . . . 252 To let or sell lands, &c, . . . 253 To take out letters of administration on the ef- fects of one dying abroad. ib. An award by arbitrators, . . 254 by an umpire^ . . . 255 A submission to arbitration, . . 256 A bill of sale of goods, . . . 257 conditioned in nature of a mortgage, ib. of timber, . . . 258 A contract for the sale of wood, . 259 Lease of real estate, . . . ib. A will, with devise of land, goods, and chattels, 261 A will, with codicil, . . . 262 \ nuncupative, or verbal will. . 2(>4 ERRATA, n note at bottom after the word before insert the ni' BetweecoKeret/^ and jnece* insert the numbe 87 Note at bottom for providing read/nd/n-. 92 23 >e' e not - 94 _ 3 For enquiring read enquiry. 11 T) e \e but on secular business. 16 Add%fterP. Q- ar . ,34 For WARRANT read ?F/?/ 7 1 . 17 After sloop say into */ wrc of said matter.. 139 29 . After jointly, dele and. 140_ 11 For or read an. 12 Before wauot insert latl. 21 Describe the place of defendant's abode. 146 19 After demanded say especially on tf,( d 17 For award read accord. J" Let all the jurors sign 1lic verdict. . - THE JUSTICE OF THE PEACE. ====== BOOK I. v CHAPTER I. OFFICE AND APPOINTMENT. HE office of Justice of the Peace, is one of the various institutions which have contributed to the preservation of civil liberty, in every country where the English language is the language of the laws which govern it. It is in those coun- tries only, where the laws do in fact govern. Trials by jury, writs of habeus corpus, arid justices of the peace are all Eng- lisheach a pillar supporting the fabric of their free govern ment. Should either be abolished, that fair fabric would imme diately fall. That such is the importance of the two former all civilians agree, nor can they deny it to the latter. In a republic like Connecticut, its beneficial effects are peculiarly obvious. Here it combines a large and respectable body of citizens, ren- ders them active members of the government and immediately interested in its support. Montesquieu asserts, that the English borrowed the- idea ol their political government from the ancient Germans ; that that beautiful system was first invented tn the woods. If so, it must to the philosophic statesman, be matter of curious inquiry, whence the cause of the vast difference between the civil polity of the English and that of every other modern European nation 2 10 JUSTICE OF THE PEACL. Office and Appointment. All the inhabitants of the continent of Europe have long since lost their liberties. If civil liberty, and the institutions for its preservation were the offspring of Germany, why were they not transplanted into Italy, France, and the Peninsula, and there pre- served as well as in England ? Why were they not preserved in Germany it&elf? Because they in fact were never there known. When conquerors settle down in the countries conquered, they irt a great measure, adopt the habits, usages, and customs, as well as the language of their new country ; at least, such was the fact in relation to those nations of the north which conquered the Bo man empire, as well on the continent as in Britain. England is, as far as history throws any light on the subject, the natal soil of civil liberty. At some periods it was indeed well nigh extinguished. It however, always soon emerged and dispelled the clouds of despotism, and shed its benign influence through the land. During the repeated conflicts between the people and their monarchs in different reigns, the latter attacking, and the form- er defending their liberties, many of their most valuable insti- tutions were introduced and established. Though Grand Juries are mentioned in- the reign of Ethelred, and trial by jury is said to have made part of the code of Alfred the Great, yet it was not. until the reign of Charles the first, that it was placed beyond the power of the monarch. So the writ of habeas corpus, though known at the common law, required the exertion of all the wisdom of parliament in different reigns, to give it the desired effect; which was not accomplished until the reign of Charles the se- cond. (a) By the common law, many of the great officers of state, and all the justices of the King's Bench, \vereconservatorsotthe p*:uce throughout the realm ; a.s were sheriffs and coroners in their counties, and constables and tithing men in their respec- tive districts. There were ako conservators of the peace bjp ()-Bl. Coo. I. l?r,. JUSTICE OF THE PEACE. 11 Office and Appointment. prescription, and others held to the same duties by the tenure oi their lauds. By the same common law, by virtue of a writ di- rected to the sheriff, others were appointed to conserve the peace by the freeholders convened in the County Court, an assembly not very unlike a Connecticut town-meeting. The authority of conservators of the peace by prescription, tenure, and popular election, was superseded by commissioners of the peace appoint- ed under the statute of the 1st of Edward III. Ch 16. (6) While that authority continued, it was the same as that of constables at the present day by common law and our own statutes. (c) After the deposition of Edward II. and his son Edward III. had ascended the throne, his father still living, the condition in which the reigning monarch was pJaced, rendering him suspicious of the fidelity of the officers lately acting under the authority of his father, his active mind sought an expedient to prevent the evils he feared. In A. D. 1327, the first year of his reign, he obtained the enactment of a statute, wherein it was ordained, < that for the better maintaining and keeping the peace in every county, good men and lawful, who were no maintainers of evil or abettors in the county, should be assigned to keep the peace.'* Thus, taking from the people the election of conservators of the peace, and giving it to the king ; this assignment being construed to be by the king's commission. (d~) But they were still called only conservators, wardens, or keepers of the peace, until the statute of the 34, Edward IIJ. Ch. 1. gave them the power of try- ing felonies, when they acquired the more honourable appellation of justices. (e] According to Dalton, they are styled justices, be- cause they are judges of record ; and commissioners of tlie peace, because they derive their authority from the king's commis- sion^/) Though the office was instituted by ths.lst of Edward III. it seems that like the old cx-ofllcio conservators of the peace, they could only arrest and recognize to keep the peace, or com- mit for want of such recognizance ; but had no power to try and sentence the accused for any offence, until the aforementioned (ft) 131. Com. I. 351. (f) Vide Com. Con. por , (}! St, - 16 JUSTICE OP THE PLACE, (Mice and Appointment. tices named, indiscriminately. In doing this, each justice may act by himself, or any two, or more, may proceed jointly in the exu. Jiion. The second designates the justices of the quorum, and assigns to them specific duties, as such. The third consti- tutes each one a justice, or gives to him the powers and author- ities appropriate to judges only, in matters, causes, and things, civil and criminal, which they are separately authorized to hear and determine. It is from the powers contained in this para- graph, that they become entitled to the appellation of justices, that is, judges of record, (o) In the first paragraph of the commission the words jointly and se-v'erally, have an appropriate meaning, and authorize two or more to issue process returnable' before them jointly, and to ren- der a joint judgment, otherwise, the expression must be altogether nugatory, (p) Whatsoever one justice alone may do under the first paragraph of the commission, the same may be lawfully done by two or more. But if the law authorize two to do a particular act, it cannot be done by one alone, but may by more than two. Yet, if the statute give jurisdiction to two justices to try an offender for a misdemeanor or breach of the peace, one justice may issue his warrant to arrest the accused and make it returnable before himself and another, and on the trial they may proceed jointly. If an authority be given to two justices, quorum nuns, it must appear that one was of the quorum, or the proceed- ings will be void, (r) So if a thing be required to be done by ivro or more justices of the peace, they must be both or all pre- sent at the execution of it, and act jointly and not separately, one at onetime and place and another at another time and place. As where two justices arc empowered to bail a person they must be both present to do it ; and if they are not so present and one sign the recognizance and then send it to the other it will be void (s) (o) Dalt. Just. p. 7. (77) Co. Lit. 181. 6. Dal. Just. 27. (q) Dalt. Jus. p. 24, 26, 27. Salk. 477. (r) III. Mod. Rep. 14. 152 r-> III. Bac. Abr. 293. VI. Mod. Rep. 180. JUSTICE 0*F THE PEACE. 17 Offiice and Appointment. If a statute direct a thing to be done by the next justice, it must be the next, but if it say by a justice of the peace in or near the place, any justice in the Couhty may serve. (?) No person can at the same time hold the office of justice of the peace, and either that of sheriff, deputy sheriff, or constable,(w) nor be a tavern keeper. (T;) (0 2 Kel. 78, see Confra. Roots' Rep. (n) 2 St. 8'! (t>)I. S1422. Jb JUSTICE OF THE PEACE. Criminal Jurisdicu D. CHAPTER II. CRIMINAL JURISDICTION. HE jurisdiction of a justice of the peace in cases criminal, extends to every person within the county to which he belongs. He may take cognizance of offences committed by his nearest relations or wherein they are the sufferers ; and even in some instances where he himself is the person injured : such as an assault on his person, or contempt committed while acting in his office as a justice of the peace. (a) Common pru'dence and dis- cretion will, however, dictate to him in all cases wherein his near relatives or himself may be immediately concerned in the trans- action, to avoid attempting any judicial proceeding which can be performed by any other justice. Perhaps to punish a contempt, is the only case which necessarily devolves upon him. In other cases where he may be supposed liable to partiality, he ought to do no more by his own authority , than to arrest the offender, and cause him to be Carried before some other justice for trial, The warrant of a justice of the peace is sufficient for the arrest }f the highest officer, civil, military, or naval of the state or nation, if within his county ; or who shall have violated the peace of the state within his county, and to be found in any other county in the state :(&) There can be no such officer or other person, but he must submit to the constable armed with a warrant from a justice of the peace, setting forth on the face of it sufficient cause for arrest. In England, where the supremacy of the civil au- thority is acknowledged and felt, the subject of whatever rank, whether general or admiral, who should resist a constable in the execution ofa lawful warrant, from a jastice of the peace, would do t at the peril, not only of losing his commission, but of suffering other condign punishment. The supremacy ofthe civil authority, ;s the grand bulwark of civil liberty. Should the trial ever be here made and the result be different, it would seal the destruction c 4 fa) 3 Burns Just. 27. Dalt. Jur . 193 (6) 1 St. p 42S- JUSTICE OF THE PEACE. Criminal Jurisdiction. our boasted liberties forever. The justice, or constable, who will not in such case support the rights of the civil power to his utmost, ought to meet universal execration, and the punishment of treachery. As the warrant .of a justice of the peace may run for the arrest of any person within his county, or within the state, for an offence committed within the county, whereof he is a justice, so it may be issued on the requisite information, stating the commission of any crime whatever known to our laws ; from the smallest breach of peace up to high treason against the state, or the United Stales. If the penalty for the offence for which the offender is arrested, do not exceed a fine of seven dollars, or the infliction often stripes, the justice before whom the warrant is returnable, may proceed to final judgment and sentence of the law. But from such sentence the prisoner may appeal to the next county Court, within the county, (except in prosecutions for drunkenness, profane swearing, cursing, and sabbath breaking) which appeal must by the justice be allowed, if the prisoner give sufficient security for prosecuting his appeal. (c) If the prosecution be for theft, the final jurisdiction of the jus- tice is governed by the value .of the goods stolen, which must not exceed thirty dollars, (d) In prosecutions for crimes, by law, beyond the jurisdiction of a justice, he may on the hearing, acquit the prisoner, or adjudge hi?! 1 to recognize with surety to appear before the county or Su- periour Court, or commit him to prison to take his trial, either for want .of bail, or because the offence charged and the evidence supporting such charge, render bailing improper or unlawful, act cording to the nature of the offence, for which the prisoner is prosecuted (e) He ought however, in all cases to discharge the prisoner, where the charges against him are not supported by ev- idence which satisfies the justice of his guilt ; imprisonment being (<) 1 St. 230, 231. 1 Root 163. DM. Jus. 201. (d) 2 St. 139 ff) Ibid. 230. 4:0 JUSTICE OF THE PEACE. Criminal Jurisdiction. a. punishment never to be inflicted on a freeman, but by a judg- ment founded on lawful evidence of his guilt of a crime ; for which that is a lawful punishment, and confinement for trial, be- fore it takes place, operates as a punishment as much as that which is inflicted by a final sentence. In this state, an inquiry before a justice of the peace, is in a veyy many cases, substituted for that before a grand jury in England, and the neighbouring states. But a grand jury which /should find an indictrr.ent true, when in fact they did not believe it so, on evidence, on which alone they would not as petit jurors -onvict the prisoner, ought, and certainly would if known, belaid by the heels, or suffer the just punishment for their perjury. The district within which a justice of the peace is to exercise Criminal jurisdiction, is the County for which he is appointed. The crime must be committed there. There he must sign his warrant, and do every judicial act. When the warrant is to be served without the County, it must be directed to an officer of the County or Town where the offence was committed by name and office, or to an indifferent person :(/) but neither can be com- pelled to undertake the execution of it. The Governor, Lieutenant Governor, each Assistant and Judge of the Superior Court, being justices of the peace, ex-officio, may execute the office throughout the State, and direct their warrapts to any Sheriff or Constable therein, (g) In all cases where an oath is by law prescribed, it may be ad- ministered by a justice of the peace, unless it is expressly de- clared by such prescription, that such oath shall be administered by some other officer or person particularly specified. But the general authority to administer oaths in judicial proceedings, and where prescribed by law, does not warrant justices to ad- minister oaths in ca.-;es not by law required or authorized. So to do, is a prostitution of office for the purposes of profane swearing, (f)l St. 423. 1 Root 403. 2 Ib. 357. Dal. Jus. 25, 26, 379. 4 Com. Die;. 57. 3 Bac. Abr. 293. 2 H. P.C. 44,50. (#) Ibid. JUSTICE OF THE PEACE. 2i Criminal Jurisdiction. and is an indictable offence, punishable by fine and imprison- ment, (h) of which all who are in commission, of the peace ought to take good heed. When any assistant or justice of the peace has plain view 01 personal knowledge of any persons being guilty of drunkenness, profane swearing, or cursing, or sabbath breaking, such assistant or justice, may, ex-qfficio, issue his warrant against the offender, convict him on such personal knowledge, and sentence him ac- cording to the nature of the offence and the requirements of tho C/) Coke Inst. part 3 p 165. (i) 1 St. 231 JUSTICE OF THE PEACE. Bail and Conunitnjent. CHAPTER III. BAIL AND COMMITMENT. B I AIL, is freeing or setting at liberty, one who is arrest- ed or imprisoned on legal process, by the prisoner's giving se- curity, that he will appear before the court, having jurisdiction .of the offence, to answer to the matters for which he is held, and to abide the orders of such court thereon. The security given in common cases, is by the prisoner, jointly with one or more res- ponsible persons, entering into a recognizance to the state, in such sum as in the opinion of the justice, will secure the appear- ance of the prisoner, either voluntarily, or by compulsion of his sureties, (which compulsion they have a right to use,) to take his trial for the offence with which he is charged. Commitment is by a warrant directed to a proper officer, setting forth the cause for which the coormitment is ordered, him requir- ing to convey the prisoner to the common gaol in the County, and him there, with such warrant, deliver to the keeper thereof, and requiring such keeper to receive and hold the prisoner in his custody in such gaol, until he shall be delivered by order of law. When a delinquent, chargedwitb any criminal offence, is legil- ly brought before a justice of the peace, it is his duty without delay to enquire into the facts with which the prisoner is charged, by an examination of lawful witnesses ; but he cannot compel the prisoner to furnish evidence against himself, by answering inter- rogatories designed to draw forth a confession of circumstance? which may go to prove his guilt. If on enquiry, the justice be- lieves the prisoner guilty, and the crime is not capital, nor within ;he final jurisdiction of the justice, he must admit him to bail, if he will give it, otherwise, commit him to gaol untfl delivered by irder of Jaw, JUSTICE OF THE PEACE. Of Surety for keeping the Peace, arid being of Good Behaviour. CHAPTER IV. OF SURETY FOR KEEPING THE PEACE, AMD BEING OF GOOD BEHAVIOUR. JL HE term, peace, denotes that condition of the body politic, n which no person eithersuffers, or has just cause to fear any in- jury to the person or possessions of any one therein, from the vio- lence of another, expressed either in threatening words, furious gestures, force of the body, or any other force used in terro- rem. (a) This peace may be violated by tumultuous and offensive car- riage, traducing, quarrelling, challenging, assaulting, beating or striking any other person, or by threatening to beat or kill any person, or to burn his house, or otherwise to injure his person or destroy his property. (&) Every the least wilful violence com- mitted on the person of another, is a breach of the peace, (c) The first duty enjoined upon justices in their commission is to keep the peace. In the performance of this duty, each may, ex-officio, arrest and bind to keep the peace, offenders who violate it in his presence, and commit to prison such as refuse, until they comply. (<2) He may also commit all who are brought before him by a constable for a breach of the peace in the presence of .such constable, (d) I'ide general duties of constables. Every justice, in his discretion, may ex~officio, not only bind to keep the peace, all who viojate it by either striking or threaten- :ng, but also such as contend only in hot words :(c) those who iu his presence and hearing, threaten to kill or beat or in any way hurt another, may by him be bound to keep the peace. So he may ^uch as go orride armed offensively, or with unusual number of at- (a) Jacob Law Diet. (6) 1 St. 545. 1 H. P. C. 253. Dal. Jus. 10, (c) Hawk. PI. C. 251. (d) 1 Hawk. P. C. 25, Dal. Jus. 36. M Dal. Jus. 37. 24 JUSTICE OF THE PEACE. Of Surety for keeping the Peace, and being of Good Behaviour. tendant? in his presence, to the terror of the people ; for such conduct may be judged an affray and an inchoate breach of the peace. If any person threaten to kill, maim, or beat another, or attempt to do it in the presence of a constable, he may arrest such offender and carry him before a justice of the peace. Or, if a constable perceive any persons in his presence about to vio- late the peace by drawing weapons, or by striking or assaulting one another, or by assaulting the constable himself, he may take assistance and carry them all before a justice, to find sureties of the peace, and in either case, he may bind them to keep the pcace.(/) As a justice may, ex-qffLcio, grant a warrant to bring before hiiri one who threatens in his presence, so he rnay en complaint by one who requires surety of the peace against another fdr like th reals. () All persons of sufficient discretion to know the nature of the application, may of right demand surety of the peace : even a wife against her husband who threatens to kill her or beat her outrageously, or, if she have notorious cause to fear he will do ei- ther. And also a husband against his wife for the like causes. (h) And if a justice be present when any such cause arises, he need pot wait for application, but may proceed presently to bind thenl to keep the peace. (t) Surety of the peace may be demanded by and against infants under fourteen years, which must be granted. But infants and femes covert must be bound by sureties only ; and if unable to find sureties, may be committed until they can.(/) But it may not be granted at the demand of, or against persons non compos mentis. Yet against ari impotent person, so weak that he cannot himself break the peace, it may be granted, because he may in- stigate and procure others to do it. The common form of bind- ing to the peace is adapted to such a "case as the person is bound, as well not to procure harm to be done to another as not to do it (/) Dalt. Jus. p. 193. (g) Ibid. (A) 1 Hawk. P. C. 253. Dal. Jus. 198; M Dalt. Jir?. 198, 199. (j) Ibid. Jl'STICE OF THE PEACE. 25 Of surety of keep ; nsr tiio peace, and beinjj of <:ood S'-hav^ur. himself Whenever a person has just cause to fear that another will burn his house, or do him corporal harm, either by killing, beating, or imprisoning him ; or that he will procure others to do it, he way demand surety of the peace, against the person threat- ening ', and eve'ry justice is bound to grant it upon the party's givirig him satisfaction upon oath, that he is actually under such fear, and that he has just cause to be so by reason of the other's having threatened to beat him, or lay in wait for that purpose, and that itis not required from motives of malice or vexation. (&) But me justice may not grant it where he is satisfied that it is demanded merely through malice, or for vexation only, without just cause of fear : nor where it h required by a person, because he is at variance, or in suit with his neighbour. C&t^. &&&*''* *>?<* The person demanding surety of the peace against another ought to swear, that hestands in fear of his life, or of some harm to be done to his person or estate, and that lie does not make the request, from malice or for -vexation, but on account of actual fear, and for the safety of his person or estate. For the words of the commission are " to cause to come before you, or any of you. ill those persons, who shall threaten any one in his person or estate, to find sureties of the peace," &c.(m) It seems from the words, who fJia.ll threaten any one, that there may be cases where surety of the peace out'ht to be grant- ed on application of a husband, on account of threatening against his wife, and so of a parent for his child, a master for his ser- vant, and a guardian for his ward, whose condition may be such, respectively, as to preclude them from demanding security for ; .hemsclves.(n) By our Statute against breaking the peace, enacted in the year sixteen hundred and seventy-two, it is declared, thai who- soever shall disturb or break the peace by tumultuous and of ''cnsive carriage, threatening, traducing, quarrelling, challeng- (k) 1 Hawk. P. C. 254. 4Eur.i. Jus. ,'?!. -/>) IV'!. iis. 10f,. 199. v JUSTICE OF THE PEACi:. roly of keeping the peace, and being of good behaviour. ing, &.c. shall be liable, Sac. It seems, that it was afterwards doubted, whether those words did in tact designate any offence cognizable by the civil magistrate. To remove all doubt on that subject, the General Assembly, in the year seventeen hun- dred and twenty-two, by a public act, declared, " That it is the true intent and meaning of the law entitled an act against break- ing the peace, that the peace is broken by tumultuous and of- fensive carriage, threatening, traducing, quarrelling, and challen- ging, as well as by assaulting, beating, &c. whatever the punish- ment provided by law is, whether by finding sureties of the ppace-j or by fine. And all jurors are directed and required to find accordingly,, against all persons indicted, or presented, or brought on their trial, for the breach of the law aforesaid. "(o) Though this declaratory clause is not continued in the subse- quent revisions, yet as the terms thereby explained are still re- tained in the law now in force, we may consider thai legislative explanation of at least equal force with- an adjudication of the Supreme Court. It will then be clear, that for tumultuous and offensive carriage, traducing, quarrelling, and challenging, sure- ty of the peace may at least, at the discretion of a ju&tice of the peace, be granted ; as well as for threatening words, turbulent behaviour, actual violence, or other unlawful actions, which shall terrify or disquiet any of the good people of this State. it may also be granted against common barrators who frequent- ly stir up and maintain suits at law, in courts, or quarrels and : parties, in the county ; inventors and propagators of false re- ports, tending to excite discord among neighbours ; also such a? are of evil name or fame, generally, for maintaining or resorting to houses suspected to be houses of bawdry and incontinency ; also, against night-walkers, ot evil name arul report, generally ; or such as eve-drop men's houses, or cast men's gates, or carts, into ponds, or commit other such like misdemeanors, outrages, or disorders, in the night season ; also, against idle persons,, drunkards, libellers, and such likeolTenders.(/.) (i} ^(. p. S&l c,'"ivvi.-i,?ii cfHO'J, in annexed -icts. (p) 1 St. r:. 5>45, 5-16 * JUSTICE OF THE PEACE, 27 Of surety of keeping (he peace, and being of good behaviour. If any person shall abuse any magistrate, or justice of the peace, or resist, or abuse any sheriff, constable, or other officer, in the exercise of his office, he must find surety of the peace and good behavicur, until the next county court in that county ,(q) the term to which all bonds for keeping the peace, and being of good behaviour, must be made returnable. Surety for good behaviour is commonly united with that of keeping the peace, and equally requisite in most of the instances mentioned in this chapter. As to the nature of some of the offences already mentioned, i: !.- proper to be a littte more explicit. Traducing may be com- mitted, by exhibiting in any way to public view, pictures of re- proach, or signs or tokens of disgrace, near the place where the party thereby traduced is most conversant. Such as a picture of a gallows, pillory, horns, or such like. Libellers are also traducers. A person may be guilty of libelling by slanderous writings, either in prose or verse; by scandalous words, scoffs, jests, taunts, or songs, maliciously repeated, or sung in the presence of others. Though no person be named as the subject of them, yet, if by any means they are understood by the hearers as de- signed of some particular person, the libeller maybe convicted, and for which the offender may be bound to his good behav- Quarrellers may be also bound to their good behaviour. The rjuariclling must however be such as hath a direct tendency to a breach of the peace, or scandalizes the government, by abusing those who have the administration of it, or to deter an officer from doing his duty : but to call one a rogue, rascal, liar, or drunkard, is not an offence which subjects to bonds.(s) Challenging is another offence for which surety for good be- haviour is enjoined. It is a very high offence, either to give or (?) 1 St. p. 545. 54G. (r) 5 Cok. 125, M 1 Hawk. P. C, 265, Burn, Jus. 242, JUSTICE OF THE PEACE, Of Surety for keeping the Peace, and being of Good Behaviour. accept a challenge to fight a duel, and a crime, cognizable only by the Superior Court, who must bind the convict to his good be- haviour during life. But the offence contemplated by the Stat- ute against breaking the peace, is one less common at the present day than when that statute was first enacted in the year 1672. Challenging to fight with the fist, at that period, and fora long time after, was very common among the lower classes of society. Boxing was then, considered by many a very useful athletic ex- ercise, and when conducted with good humour, innocent. Un- principled men, however, often took advantage of the manners of the day, and sought opportunities to satiate their vindictive passions by challenging the objects of their vengeance to a box- ing match. This the Statute is designed to prevent, and sub- jects the offender to bonds /or his good behaviour. Those who commit outrages and disorders in the night ^anun, are also to be bound to their good bchav iour. \ will not under- take to point out the crimes herein designed, but merely say, that the night season is that part of time between the setting of the sun at evening, and the rising thereof on the next morning, in which a man's countenance cannot be discerned by the light ofit.ff) Idleness is a crime to be punished, or amended, by the idler's being bound to good behaviour. Strange it is. that a law which contains so valuable a prov ision, should remain a dead letter, to ! he ruin of many a family. To take up and bind to his good behaviour, (that is, to become industrious,) is no infringement of the rights of man, in civil society;. Its natural tendency will be which issue is joined by the State. And the said Justice B. hav- ing inquired into the truth of the charges set forth in said complaint, and duly attended to the testimony offered as well in defence of the said L>. B. as in support of said complaint, doth find that the said D. 13. is guilty in manner and form, as in said com- plaint is alledged. Whereupon, it is considered by the said Jus- tice B. that the said D. B. do recognize, with one sufficient surety to- the State of Connecticut, in the sum of Dollars conditioned, that the said D. B. shall keep the peace and be of good behaviour until the session of the next County Court, to be? holden at in and for the County of F. and appear before said Couity Court, and abide the order which may be there made on said complaint, and pay the cost of this prosecu- tion, and stand oomrni'ted until 6-entencebe performed. J. B. Jn true, before me. J. B. Juaiicr. of ihc. Po?/>. 34 JUSTICE OF THE PEACE. < v.:d Bphovi'->ur. WARRANT. To the sheriff of the county of F. or his deputy, or either of the constables of the town of S. within said coun- ^y, Greeting : Whereas complaint has been made to, and sworn before me, in manner foregoing, these are, by authority of the State of Con- necticut, to command you to arrest the body of the said George Fox, and him forthwith have, before me, J. B. one of the justi- ces of the peace, for F. county, or some other justice of the peace, in and for the county aforesaid, to find sureties to keep the peace, and be of good behaviour, towards all the citizens of this state, and especially towards the said Mary Fox, his wife. Hereof fail not, but of this warrant, with your doings thereon, due return make, according to law. Dated at S. this day of A. D. J. B. Justice of the Peac.f. ENQUIRY, 4-c. F. County, ss. S. Be it remembered, that on this day of A. D. at is brought before me, J. B. Esquire, one of the justices of the peace in and for said county, George Fox, of S. in the county of F. by virtue of a warrant issued I>y justice of the peace, upon the complaint of Mary Fox, of said S. wife oi the said George Fox, for that the said George Fox on the day of A. D. at in ^aid county ofF. with force and arms, and in a violent and terrible manner, did ihreaten. that he would, before long, her the complainant beat, wound- maim, or kill, or do to her some other bodily hurt j whereupon the said George Fox being required by said justice B. to make answer to the charges in said complaint contained, say?, he is not guilty, in manner and form, as in said complaint is alledged. \nd the said justice B. having inquired into the facts set forth in said complaint, finds that said George Fox is guilty, in manner and form, as in said complaint is alledged. It is therefore consi- dered by the said justice B. that the said George Fox enter into a recognizance, with two sufficient sureties, to the State of Con necticut, in the sum of dollars, conditioned, that the Said George Fox, appear before the County Court, to be holden at JUSTICE OF THE PEACE. (5ood Behaviour. within and for the county of on the Tuesday of AD. and ihere abide the order, and do whatsoever shall be by said Court enjoined upon him touching said complaint. And that lie, in the meantime, keep the peace, and be of good behaviour towards all the citizens of this state, and especially towards 1 the said Ma ry Fox, his wife, and stand committed until sentence be perform- ed. J.B. Justice of the Peace. RECOGNIZANCE. F. County, ss. S. Be it remembered, that on this day of AD. George Fox, and John Cox, and Jarnes Wilkes, all of S. lit the county of F. personally came before me, J. B. Esquire, one of the justices o:~ the peace, for the county of F. and acknowledged themselves to be jointly, and severally indebted to the State of Connecticut, in the sum of dollars, to be made and levied of the goods, chattels, and lands, of the said George Fox, and John Cox, and James Wilkes, and. of the oods, chattels, and land. 1 ;, of either of thera, and for want thereof., :pon their bodies respectively, if the said George Fox, shall rail to perform the condition following. The condition of this recognizance, is such, that if the said George Fox, shall personally appear before the County Court, to be holden at in and for the county of on the Tuesday of AD. and there abide the order of said Court, and do whatsoever shall by said Court be enjoined upon him, touchius a complaint against him by his wife, Mary Fox., for threatening her life, &:c. Arid in the mean time, in all things, keep the p< j :tcc and be of good behaviour, towards all the citizens of this state, and more especially towards Alary Fox, his wife, then this reco': nizance shall be void, or else remain in full force and virtue. J. B. Justice of the Peace- MITTIMUS. To the sheriff of the County of F. his deputy, or either constable of the town of S. within said county Greeting. Whereas George Fox, of was apprehended by virtue of a warrant issued byJ. B. justice of the peace, on the com- 36 JUSTICE OF THE PEACE. Good Behaviour. plaint of Mary Fox, wife of the said George Fox, for that he, the said George, on the day of at with force and arms, and in a violent and terrible manner, did threaten, that he would before long, her the complainant beat, wound, maim, or kill, or do to her some bodily hurt. And that the complainant is afraid that the said George Fox, will beat, wound, maim, or kill, or do to her some bodily hurt, and this day of brought before me J. B. Esquire, one of the justices of the peace for said county of F. and upon enquiry upon said complaint, the facts there- in alledged were found to be by me the said justice B. to be true ; it was thereupon by me the said justice, considered, that ihe said George Fox do enter into a recognizance, with two suffi- cient sureties, to the state of Connecticut, in the sum of dollars., conditioned, that he the said George Fox do appear before the County Court, to be holden at on the Tuesday of A. D. and there abide the order of said Court, and do whatso- ever might by said court be enjoined upon him, touching the said complaint, and that he in the mean time, keep the peace, and be of good behaviour, and stand committed until sentence be performed. And whereas the said George Fox hath refused and neglected, and doth now refuse and neglect to enter into such re- cognizance, and find such surety : These are, therefore, by au- thority of the state of Connecticut, to command you to convey the said George Fox to the common gaol inF. in said coun- ty of F. and to deliver him, together with this warrant, to the keeper thereof, who is hereby required to receive the said George Fox, into his custody, in said gaol, and him there safely keep, until he shall be discharged according to law. Dated at this day of A. D. .1. B. Justice of the Peace. JUSTICE OF THE PEACE. 37 Assault and Battery. CHAPTER V. ASSAULT AND BATTERY. is an attempt, with force and violence, to do corporal hurt to another; as by striking at him, with, or without a weapon ; or presenting a gun at him at such a distance to which it will carry ; or pointing a pitchfork, drawn sword, or dagger at him, standing within reach of it, or by holding up one's fist at him, or by any other such like act, done in an angry, threatening manner ;(a) or by lying in wait, and besetting a man's house. (b) But no words can alone amount to an assault.(c) Battery, (which always includes an assault) is the actual doing an injury to another, be it ever so small, in an angry, or rude, or revengeful, or insolent manner ; as by spitting in his face, vio- lently jostling him out of the way,(d) as well as by blows, vio- lent beating, or otherwise wounding him. So the throwing of rockets, squibs, or crackers, made of gunpowder, into a con- course, by which any one sustains an injury, is battery.(e) No prosecution can be maintained against an officer, who in the ex- ecution of a warrant, uses necessary force to arrest a person who resists him, even though it extend to beating and wounding. Nor against a parent, forgiving to his child reasonable correction ; a master to his servant, or apprentice ; a schoolmaster to his scholar, or a gaoler to his prisoner//) A complaint, for either aa assault or Latiery, must always contain an allegation, that the offence was committed with force and arms, and against the peace. (g~] Under the plea of not guilty, the prisoner may give in evidence, whatever, has a legal tendency to justify, or excuse the force used, as well as to dis- prove the facts alledged.(/i) (a) 1 Hawk. 133. (i) French, 202. ,-, (c) Bui. N. P. 1C. (d) Ibid. 0) 3 Wiis. 403. O Esp. N. P. 313, 314. fg) 3 Bac. Abr. 108,. 109. 2 Hawk. 241 . ,7.) 1 St. 562. 38 JUSTICE OF THE PEACE. Assault and Battery. COMPLAINT BY AM INFORMING OFFICER. To J.B. of S. in the county of F. Esquire, one of the justices of the peace, for said county, comes John Doe a grand juror of said S. and complains, that on or about the day of A. D. one, George Fox, of T. in said county, at S. aforesaid, v/Uhforce and arms upon the body of one R U. an assault made, and him, the said R. R. he, the said G. F. then, and there, with like force and arms, to wit, with fists, clubs, sticks, stones, swords, and guns, did beat, bruise, wound, and evilly en- treat, and other injuries, and enormities to the said R. R. the said G. F. then and there did, against the peace, and con- trary to the form of the statute, in such case made and provided. Dated at S. the day of A. D. JOHN DOE, Grand Juror* WARRANT. To the sherriff of the county of F. his deputy, or eithei of the constables of the town of S. within said county Gree- ting: By authority of the state of Connecticut, you are here- by commanded to arrest the body of the above named G. F. and him forthwith have, before me, J. B. Esquire, justice of the peace, for F. county, or some other justice of the peace, u>r said county, to answer the foregoing complaint, and be dealt with as the law directs. And you are also required to summon J. C. and T. G. to appear at time and place of bringing up the said G, F. as witnesses, in support of said complaint Here- of fail not, but of this process, and your doings thereon, make due return. Dated at S. the day of A. D. .!. B. Justice of the peace OFFJCERS RETURN. F. County, S. July A. D. By virtue of the within warrant to me directed, I arrested the jody of the within named G. F. and read the same in his hear- ing, and have him now before J. B. Esquire, justice of the * This complaint may be made by a Constable^ by inserting that officer. instead of Grand Juror. JUSTICE OF THE PEACE. 39 Assault and Battery. peace. And have also summoned J. C. and T. G. to appear as vritnesses, as is within required. V. B. Constable. When the prisoner is set before the justice, the complaint ought to be again read to him, and he be required to make ansv.'er to the question following, to wit, Are you guilty in manner and form, as is alledged ?n the com- plaint read ? To which the prisoner must answer either, guilty, or not guilty. If he says guilty, the justice will note it on the file and proceed to enquire of the degree of the ofience ; and ac- cording as it shall appear to him, more or less aggravated, either assess upon him such fine as he shall be of opinion the crime de- serves, or sentence him to find sureties, for his appearance be- fore the next County Court, in the same county, and to abide the order of such County Court, upon said complaint, and to stand committed until sentence be performed. If the prisoner soys, not guilty, the justice v/ill note -the same, and proceed te an enquiry as to the truth of the facts, alleuged in the complaint, and if on such enquiry, he shall find that the prisoner is guilty, he will then proceed in the same manner as in the plea of guilty is above directed. The Court, in all trials for delinquency, is to be of council for the prisoner and suffer no one to appear w hi* defence, but by permission of it. RECORD. F. County, Be it remembered, that on the day of A. D. G. 1'. of T. in said county, is brought before J. B. Esquire, om of the justices of the peace, for said county, at said S. by virtue of a warrant, issued by me, the said justice, upon the complaint of John Doe, a grand juror, of said S. for that on, or about the day of A. D. at said S. the said G. F. with force and arms, an assault made, upon the body of one R. R. and him the said R. R. he the said G. F. then, and there, with like force, and arms, to wit, with fists, clubs, sticks, stones, swords, and guns, did beat, bruise, wound, and cvilh pntrfM. and other injuries and enormities to the- ty, recognize in the sura of for his personal appearance ai said Court, to prosecute his appeal with effecf, one! to'abide tin order of said. Court, thereupon; and in the mean time to keep the peace, and be of good behaviour, toivardsal! the citizens of thi i slate. T. D T Justice of the Peace. L\FUUM.l 'i' ION QUI-TAM. Informations ' qui-tam, are permitted in England, in cases only ivhere a penalty is given 1 by statute to be divided between the kin? and the prosecutor. (a) In this state, also, in cases where a fm< is to be inflicted, and damages are reasonable, by the sufferer, as in cases of assault ami battery, theft, arid the like. The informer complains, as well in behalf of the state, as for himself. The process, as in prosecutions by an informing officer, is summary, and the party, when brought to trial, may be convic- ted in the same manner, and has the same right to appeal. (6) The complaint concludes, to the damage of the complainant. If the sum demanded do not exceed fifteen dollars, in assault and battery ; or in theft, the value of the goods stolen, do not exceed fliirty dollars, (V) the justice may proceed to trial, judgment and sentence, from which (he defendant may appeal 1;> th. County Court; but if the damages demanded exceed fifteen dol- lars, or the goods .stolen are of greater value than thirty dollars, the justice must either acquit the. party, recognize bim.wiil^sure ly, to appear before the next Co'.mty Court in l'>5 county, tc take his trial, on the complaint, or commit him to prison, for va nt of .such recognizance and surety. In ?;ueh car.o, the r - () 1 Bac. Ahr.37. . (b) 1 :>t, 2:31, 44 JUSTICE OF THE PEACE. Assault and Battery. nixancc must be taken to the complainant, and not to the state, as in all criminal prosecutions, by an informing officer, it must. In cases within the final jurisdiction of the justice, he must cither acquit the defendant, or find him guilty ; assess a fine, to the use of the treasury of the town, \vhere the offence was com- mitted, and damages to the complainant, to be recovered by him, with his, cost, for (he piosecution, and inflict such other punishment as the statute prescribes for the offence : for all 'Vhich he may issue a warrant or writ of execution ; or he may issue execution for the fine, damages and cost ; or assign the de- linquent in service, to, satisfy them ; or may so assign him in service, to satisfy the fine, and issue execution for the damages and costs, in common form. As the jurisdiction of a justice ex- tends to cases of theft, wherein the value of the thing stolen, does not exceed thirty dollars, and by the statute prescribing the punishment, the forfeiting three fold the value of the goods stolen, is an unconditional part of the punishment, it seems, that the justice, trying a thief, may condemn him to be whipped ten stripes, pay a fine of seven dollars to the use of the treasury of the town, and having found the value of the thing stolen to be thirty dollars, may also adjudge to the prosecutor, and issue execution in his favour, for the .sum of ninety dollars, besides fine, and cost ; or assign the delinquent in service, till he shall have satisfied the whole amount. (d) Whether the fine be paid to the justice, or the complainant, through the hands of the officer, on the execution, either is accountable to the treasurer of the town for it. As in all civil actions, the complainant may, in this, be. non-suited, withdraw, compromise, or discharge the prose^ eution, while it is pending ; but after judgment, cannot dischage from the fine or corporal punishment, though ho may pny Uir damages and costs. FORM OF COMPLAIJYT FOR ASSAULT, be. To J. B. of S. in F. county, Esquire, one of the justices of the 'peace for said county, comes John Doe, of paid S. and as well for the Stale of Connrrliruf . .;? for him- fd] 2 St. 139. ni)d 1 P(. f. 57. JUSTICE OF THE PEACE. 45 Assault and Battery. self, in this behalf complains, that on the day of A. D. at in said county, one G. F. of in said county, with force and arms, upon the body of the said J. D. an assault made, and then, and there, with like force and arms, to wit, with fists, clubs, sticks, stones, swords, and guns, him the said J. D. the said G, F. did beat, bruise, wound, and evil- ly entreat, and other injuries and enormities to the complainant the said G. F. then, and there did, against the peace, and contrary to the fqrm of the statute, in such case made and pro- vided : and to the damage of the complainant the sum of fifteen dollars, Wherefore he prays, that process may issue against the said G. F. that he may be taken, and brought before proper authority, and be dealt with, made to do, and suffer, as the law requires. Dated at S. the day of A. D. ;OHN WARRANT. To the Sheriff of the County of F. his deputy, or either Constable of the town of S. within said County, Greeting : Whereas the foregoing complaint has been exhibited to me, J. B. a justice of the peace for said County ; these are therefore, by authority of the State of Connecticut, to command you to arrest the body of the above named G. F. and him forthwith have before me, the said justice B. or some other justice of the peace, forsajd County, dwelling within said S. that he the said G. F. may answer the foregoing complaint. rmd be dealt with, made to dp, and suffer, as the law requires. Hereof fail not, but of this warrant and your doings thereon, due return make, according to law, Dated at S. the day of A. D. The state duty of seventeen cent?, is paid hereon, and John Doe of said S. recognized iu . dollars, for prosecu- tion, 4'c. before me, J. B,. justice of the peace. Officers return, and delinquents pica, the same as in the pre- rodine. 46 JUSTICE OF THE PEACE. Assault and Battery. RECORD. F. County, ss. Be it remembered, &c. ( the same as in the record preceding, on the plea of not guilty, until it comes to the words, to the use of the treasurer of the town of S. then add] and that the said John Doe, recover of the said G. F. the sum of dam- ages, and his cost, taxed at and that the said G. F. stand committed until judgment be satisfied. J. B. justice of the peace. If (he damages, alledgcd in the complaint, exceed the suta of fif- teen dollars, the form of record is the same as in the one preced- ing, except, omitting the ~^ords grand juror after the name of the. complainant, and in lieu thereof inserting these words, who as well for the State of Connecticut, as for himself, complains, until it comes to the word sureties, after which, say, to the said John Doe, in the sum of conditioned, &c. [as in said preceding pros- ecution by grand juror.} FORM OF EXECUTION, IN CASE WHERE FINAL JUDGMENT IS RENDERED BY THE JUSTICE, FOR FINE, DAMAGES, AND COST. To the sheriff, &c. (fts in other writs) Greeting : Whereas John Doe, of said S. on the day of A. D. before me J. B. Esquire, one of the justices of the peace, for the County of F. aforesaid, recovered judgment, on a complaint qui-lam, for assault and battery, against one George ox,,of said S. for the sum of dollars, as a fine, for the use of the treasury of said town of S. and also for the sum dollars, damages, and also for the sum of dollars, and cents, cost of prosecution, as appears of record, whereof execution remains to be done ; these are therefore by authority of the State of Connecticut to command you, that of the money of. the said G. F. of his goods or chattels, within your pre- cincts, you cause to be levied, and the same being disposed of as the law directs, paid, and satisfied, unto the said J. D. the aforesaid sums, being dollars and cents in the whole ; and also that out of the said money, goods, and chattels, you levy seventeen cents more ior this writ, together with .your own JUSTICE OF THE PEACE. . 47 Assault and Battery. fees ; and for want of such money, goods, and chattels of the 3aid G. F. to be by him shown unto you, or found within your precincts, for satisfying the aforesaid sums, you are hereby commanded to take the body of the said G. F. and him com- mit unto the keeper of the gaol, in F. in the county aforesaid, within the said prison, who is likewise 'hereby commanded to receive the said G. F. and him safely keep, until he pay unto the said J. D. the full sums above mentioned, and be by him released ; and also satisfy your fees. Hereof fail not, and make due return of this writ with your doings thereon unto me the said J. B. within sixty days next coming. Dated at this day of A. D. J. B. Justice of the Peace. SECRET ASSAULT. Form of complaint in case of Secret Assault. ToJ. B. of S. in F. county, Esquire, one oi the justices of the peace for said county, comes J, N. of said S. and as well for the State of Connecticut, as for herself, on oath complains, that on the day of A. D. between the hours of two and five in the afternoon thereof, at S. aforesaid, at a place called one G. F. ofT. in said county v did, with force and arms, secretly assault the said J. N .and then and there, with like force and arms, to wit, with fists, clubs, Sticks, stones, swords, and guns, her, the said J. N. he, the said G. F. did secretly beat, bruise, wound, and evilly en treat, and many other injuries and enormities to her the said J. N. hethe^aidG. F. then and there secretly did, against; the peace, and contrary to the form of the statute, in such cast made and provided ; and to the damage of the said J. N. the sum of dollars, whereupon the said J. N. prays, that process may issue against the said G. F. and that he may be- taken, and brought before proper authority, and be dealt with as the law directss. Dated at this day of A. D J. N. OATH. F. County, ss. 3. On this day of A. D. came before me, J. U. Esquire, justice of the peac<* for said county, and being duly 48 JUSTICE OF THE PEACE. Assault ar.d Hut'erv. sworn, made solemn oath to the truth of the foregoing com- plaint, by her subscribed. J. B. Justice of the Peace. FORM OF WARRANT. To the Sheriff, (&c. as in other cases) Greeting ; Whereas J. N. the above named complainant has made oath, before me, J. B* justice of the peace for said county, that her com- plaint foregoing is true, and has also shown to me, the said jus- tice B. certain marks, hurts, and wounds, upon her body, by her on oath, by me duly administered, alledged to have been se- cretly inflicted by the said G. F. in manner as set forth iit her said complaint ; these are therefore, by authority of the State of Connecticut, to command you to arrest the body of the said G. F. and him forthwith have before me, the said jus- tice B. that ke may answer the said complaint of the said J. N. and be dealt with as the law directs. Hereof fail not, and of this warrant and your doings thereon, due return make, ac- cording to law. Dated at S. the day of A. D. The state duty of thirty-four cents is paid hereon, and J. N. recognized in dollars, for prosecution, &,c. before me. J. B. Justice of the Peace. RECORD OF ENQUIRY. F. County. ss. Be it remembered, that on the day of A. D. one G. F. of T. in said county is brought before me, J. B. a justice of the peace for said county ofF.' at S. in the county aforesaid, by virtue of a warrant, issued by me, the said justice B. on complaint to me the said justice B. on oath made by J. N. of S. in said county of F. as well for the State of Connecticut as for herself", for that on the day of A. D. between the hours of two and five, in the afternoon thereof, at a place called in said S. the said G. F. with force and arms, an assault upon her body secretly made, and then and there with like force and arms, to wit, with fists, clubs, sticks, stones, swords, and arms, her the said J. N. the said G. F. did secretly beat, bruise, wound, and evilly entreat, and other injuries and enormities to JUSTICE OF THE PEACE. 4s Assauli and hatu.-ry. her the said J. N. {he said G. F. then and there secretly did, against the peace, contrary to the form of the statute, in such case made and provided ; and to the damage of the said J. N. the sum of dollars, accompanied with shewing to me the said justice B. certain marks, hurts, and wounds, upon her body, by her upon oath alledged to have been secretly in- flicted by him the said G. F. And the said G. F. being required to make answer to said complaint, says, he is not guilty, in manner and form, as is in said complaint alledged. And the said justice B. having inquired into the truthofthe facts al- ledged in said complaint, by the oath of the said J. N. and of other witnesses, by her adduced, and heard the evidence ad- duced by the said G. F. and the arguments urged in his de- fence, is of opinion, that he the said G. F. is guilty, in man- ner and form, as alledged in said complaint, and thereupon con- siders, that he the said G. F. recognize with two sufficient sureties, in the sum of dollars to the said J. N. condi- tioned, that he shall appear before the County Court, to be hold- en on the Teusday of A. D. at in and for the County of F. and answer said complaint, and abide the order of said County Court thereon ; and that he, in the mean time, keep the peace towards all the citizens of this state, and in particular towards the said J. N. and that he stand commit ted until judgment be performed. J. B. justice of the peac? RECOGNIZANCE. F. County, ss. S. Be it remembered, that on the day of A. D. per sonally comes before me, J. B. Enquire, one of the justice; of the peace for said county, G. F. 0; L. and II. V. and acknowledge themselves jointly, and severalfy, to owe and be indebted to J. N. of said S. in the sum of dollars to be made and levied of the goods, chattels, and lands of the said G. F. 0. L. and R. V. or of the goods, chattels, and lands, of each, ov either of them, and for wani thereof, upon their respective bodies, if the said G. F. shall fail to perform the condition following. The condition of 50 JUSTICE OF THE PEACE. Conspiracy. this recognizance is such, that if the said G. F. shall person- ally appear before the County Court, to be holden on the Tuesday of A. D. at in and for said county of F. to answer to the complaint of J. N. of against him, for a secret assault made upon her body, contrary to the form of the Statute in such case made and provided ; and shall abide the order of said County Court thereon, and in the mean time keep the peace, and be of good behaviour, towards all the good citizens of this state, and in particular, towards her the said'J. N. then the above recognizance to be void, otherwise to be tncl remain in full force and virtue. J. B. Justice of the Peace. CONSPIRACY. TO PROSECUTE AW IJVWOCEWT M JIN. To J. B. Esquire, one af the justices of the peace for F. Bounty, comes J. D. a grand juror of S. . in said county, ind complains, that upon the day of A. D. to wit, on, or about the day of A. D. A, B, and C, all of said S. wickedly, wilfully, and maliciously, and with in- tent to, injure, oppress, and subject to infamy, disgrace, and corporal punishment, ft. R. of said S. did conspire, Uid combine together, to procure the said R. R. to be falsely indicted, tried, and punished, for the crime of theft, and ;y pursuance of such wicked and malicious conspiracy, and com- bination, did, on the day of A. D. aforesaid, at S. in said county, cause him, the said R. R. to be falsely cm. plained against, unto J. B. Esquire, one of the justices of the peace for the county of F. and by him tried for <:tid crime of theft, whereof he was then and there, on such tri sri, acquitted : all which doings of the said A. B. and C. arc against the peace, and contrary to law. Dated at this day of A. D. J. D. Grand Juror. COMPLAINT. FOR DISORDERS IW THE WIGHT SEJ1SOW. To J. B. Esquire, one of the justices of the peace for F. comes J, D. of b. in said County, and as well for the JUSTICE OF THE PEACE. 51 Conspiracy. State of Connecticut, as himself, in this behalf, complains, that luring the night season next following the day of A. D. A, B, C, and D, all of with force and arms, broke, and en- tered into the garden of the said J. D. in aforesaid, and being so entered, did, with like force and arms, then and there, pull up, and cut to pieces, his, the said J. D. 's watermelon vines, then and there in said garden growing, and with like force and arms, did pluck from off the said vines, and carry away fifty large watermelons the property of the complainant, each of the value of twenty cents, and other injuries and enormities to the said J. D. the said A, B, C, and D, then, and there did, against the peace, and contrary to the statute, in such case made rmd provided ; and to the damage of the said J. D. dollars, whereupon the said J. D. prays process, that said A, B, C, and D, may be arrested, and brought before proper author- ity, and be dealt with, made to do, and suffer, as the law directs. Dated at this day of A. D. J. D, WARRANT. (As in other complaints qui-tam.] RECORD. Also the same as in other cases, until the issue is joined, when, oaj/, having examined the said A, B, C, and D, concern- ing the disorders, and damages alledged in said complaint, and neither of the said accused having given any account, satisfactory to me, the said justice B. where they were, when the disor- ders and damages complained of were committed, and done, and that they had no hand in doing the same ; and having heard the evidence adduced, and arguments urged by the parties, I thr said justice B. do find, that they the said A, B, C, and D, are guilty, in manner and form, as is ia said complaint alledged ; whereupon it is considered 4-c. (as in the judgment, or complaint for ctssaidt and battery. ) JUSTICE OF THE PEACE. Theft. CHAPTER VI THEFT. T, HEFT is the felqnious taking, and conveying away, ol the personal goods of another.*(a) There must be a taking, to constitute a theft. No delivery of the goods by the owner to the offender, upon trust, can be the ground of theft. If I lend my horse to another, and he rides away with him, or, if J send goods by a carrier, and he carries them away, these are all breaches of trust, but no theft.* But if the carrier opens a bale, or pack- age of goods, or pierces a vessel of wine or other valuable li- quor, and takes away a part of it, or if he carries it to the place appointed, and afterwards lakes away the whole, these are theft : for here the intention of stealing is manifest, There must also be a carrying away, A bare removal from the place in which he found the goods, though the theif does not quite make off with them, as if he be leading a horse out of a pasture, or carrying goods taken in a chamber, downstairs; or has taken goods out of a chest, and laid them on the floor, with a design of making off with them, is a sufficient carrying away. (6) The taking and carrying away, must be with intention of stealing : this requisite, besides excusing those who labour under incapacities of mind, or will, such as infants under the age of discretion, (commonly said to be fourteen years) ideots, lunatics, during the continu- ance of their lunacy ; mad, or distracted persons, and wives act- ing under the co-ercion of their husbands, also indemnifies mere trespassers, and other petty offenders, such as. a servant who takes his master's horse, without his knowledge, and brings him home again, or a neighbour who takes another's plough, left in the field, and uses it, and then returns it.(o) This felonious * If my goods are deposited in the custody of another, I may steal then! by taking them from him with such intention. (a) 4B1. Com. 229. (i) 4 Bl. Com. 230- 231. (c) Ibid. 22, 23, 23, 232. JUSTICE OF THE PEACE. Theft. taking and carrying away, must be of the personal goods of another. If they are things real, or savor of the realty, such as grass, and trees, growing upon the land, it is not theft, but a mere trespass ; but if they be cut and severed from the land at one time, and at another are carried away, it may be theft. Fruit, upon trees, also so savors of the realty, that the plucking and* carrying it away, at one and the same dine, seems only a tres- pass ; but otherwise, if plucked at one time, and carried away at another : so of grain, esculent roots, and garden productions, though considered to be personal property for certain purposes ; yet to gatherer pluck, and carry them away at the same time, is not theft.(d) Bonds, biJls, and notes were at the common law, held not to be goods whereof theft might be committed ; but by Statute, the taking or purloining of any bill, or bills issued by any bank in this state, or any of the United States ; of any deed, lease, indenture, bond, foreign or inland bill of exchange, or or- der, promissory note, receipt, or discharge ; any record or pro- cess, belongfng to any public office, or court of justice ; and any book account, or evidence of adjustment and settlement whatev- er, with felonious intent is to be deemed theft.(e) Theft cannot be committed of any wild animals at large, whilst wild ; nor of fish, while at large in the water ; nor of any article whatever, unless there be some property in the thing, and an owner ; yet if the owner be unknown, but there be a property in it, it is theft to take it, with the intention of stealing.(/) Upon prosecutions for theft, where the value of the goods sto!-? en does not exceed thirty dollars, the justice must either acquit, or convict the prisoner; but if the value of the goods exceeds thirty dollars, and the justice, on the evidence introduced, is con- vinced that the prisoner is guilty, it is his duly to order and direct, that he find sureties for his appearance at the next County Court, to answer the complaint, and for want of finding such sureties, to commit him to gaol, there to remain until delivered by order of law. f(t) 1 Bac. Sher. 202, ( (e) I St. 648, (/) 4 Bl. Com. 255, S3J. 54 JUSTICE OF THE PEACE. Theft. For due authentication and service of criminal process, see Complete Constable, under their proper heads. FORMS OF PROCESS. COMPLAINT 7.V CASE OF PETIT LARCEJYY. To J. B. of S. in the county of F. Esquire, one of the justices of the peace, for said county, comes J. D. a grand-j^ror, (or constable,') of said S. and complains, that on, or about the day of A. D. at said S. one G. F. of (or a trancieni person, as the case maybe,) with force and arms, feloniously took, stole, and carried away, from the possession of R. R. of said S. one silver thimble of the value of fifty cents, of the proper goods and chattels of the , said R. R. against the peace, and contrary to the form of the statute, in such case made and provided. Dated at the day of A. D. J. D. Grand Juror. WARRANT. T.o the sheriff of the county of F. his deputy, or cither of the constables of the town ot S. within said county, Greeting : By authority of the State of Connecticut, you are hereby commanded, to arrest the body of the above named G. F. and him forthwith have, before me, J. B. Esquire, a justice of the peace, for said county, or some other justice of the peace, in and for said county, that he may answer the foregoing com- plaint, and be dealt with as the law directs. Hereof fail not ; but of this warrant, with your doings thereon, make due return, according to law. Dated at this day of A. D. J. B. Justice of the Peace, RECORD. F. County, ss. S. Be it remembered, that on the day of A. D. G. F. of is brought before me, J. B. Esquire, a justice of the peace in and for the county of F. at said S. by virtue of a warrant, issued by me, tho said justice B. on the com- plaint of J. . D. a grand juror of said S. for, that the JUSTICE OF THE PEACE. Theft. said G. F. on the day of A. D. at said S. with force and arms, feloniously took, stole, and carried away, from the possession of R. R; of said S. one silver thimble, of the value of fifty cents, of the proper goods and chat- tels of the said R. R. against the peace, and contrary to the form of the statute, in such case made and provided : and the said G. F. being required by me, the said justice, to make answer to said complaint, says, he is not guilty, in manner and form, as is in said complaint alledged, and thereof puts him- self on trial. And I, the said justice, having heard, as well the evidence ad- duced in support of said complaint, as in behalf of the said G. F, and the arguments urged in his defence, find that he, the said G. . F. is guilty, in manner and form, as is id* said complaint alledged, that the said thimble so by him stolen, was when so stolen of the value of fifty centa, ; and it is there- upon considered, by me, the said justice ; that the said G. F. pay to the said R. R. the sum of one dollar and fifty cents as the treble value* of said thimble, by him stolen, and that he * The judgment ought in all cases, to include a sentence for the pay ment of the treble value of the goods stolen, otherwise, the County Court would have no jurisdiction in cases of theft, except for horse stealing. Thr punishment for simple theft, is a fine not exceeding seven dollars, and whip- ping j not exceeding ten stripc3j and three fold value of the goods stolen, to the owner. The fine and stripes may all be inflicted by a justice of the peace. If a thief should he brought before a justice of til*? peace on com* plaint by grand-juror, for stealing a ships cargo, worth half a million of dol iars, and the treble value of the goods stolen, could not, on that process, be' adjudged to the owner, the justice couui not, according to the statute regula- ting lus jurisdiction, in matters of delinquency, bind the prisoner to the County Court, for trial, but must indict the seven dollars fine, and ten stripes, (all which the County Corut could inflict in the case) and let the prisoner go. This construction of the statute is natural : the first penalty to br inflicted is the forfeiture of the treble value of the money, &c. stolen, or per- loined, to the owner, and (then as an addition to the preceding) tTie convict is to be further punished by fine, c. But how can the convict be further punished, if no penalty lias been already inflicted, if ho has not been firs! sentenced to pay the treble value of the money ,|c. stolen ? Mr. Day, in his note on this paragraph ofthe Statute, says, it was adopt- ed from one Ixrfore enacted, in Massachusetts. 11, is believed, that in that 56 JUSTICE OF THE PEACE. Theft. a/5o pay a fine of two dollars, to the use of .the treasury of the town ofS. aforesaid, together with the cost of this prosecu- tion, taxed at dollars, and cents and stand committed until judgment be satisfied. J. B. Justice of the Peace. Trebble damages g 1, 50} Fine 2. f The prisoner having satisfied said Cost. 3. 10 f judgment by payment of $6. 60 ) is discharged. f> 60. J. B. Justice of the Peace. RECORD. Of judgment on complaint by grand juror, where the value oj the goods stolen, exceeded eighty-three cents, and is leas than three Collars and thirty-four cents. F. County, ss. S, Be it remembered, that on this day of A. L). G. F. of is brought before me, J. B. Es- quire, one of the justices of the peace for F. county, at S. n said county, by virtue of a warrant, issued on the complaint of J. D. a grand juror of said S. by L. L. Esquire, a justice of the peace for said county of F. for, that the said G. F. en or about the day of at said S. with force and arms, feloniously took, stole, and carried away, from the possession of R. R. of said S. {here describe the articles stolen, stating the value of eac/i) all ot state, the forfeiture to the owner, of the treble value af the goods always con- stitutes ajfpart of the sentence. -The 10th section ef their act of March 15th, 1785, warrants this belief. New Hampshire, like Connecticut, seems to have idoptcd that part of the Massachusetts act, inflicting a forfeiture of the treb- le value of the goods stolen, which is always inflicted on a conviction. The books of forms,! in those states, neither of them furnish any of qui-tam crim- inal processes ; but bo*h furnish forms of records of prosecutions, in which a part of the sentence for theft is, that the convict pay tfa sum of as ant 1 , for Iks treble value of (he goods stolen. Though such is in the opinion of the author, the true construction of the law, and his forms arc framed accordingly ; yet, what relates to. the treble value of the goods stolen, is in italics, and can be easily ommiUed, if judged proper j: M(Mrtr?r"->'fft fatHctA nssistant, and Nav II ampshire complete justif. JUSTICE OF THE PEACE. 57 the goods and chattels of the said R. R. and of the value of dollars and cents, against the peace, and contrary to the form of the statute, in such case made and provided : and the oaid(j. F. being required to make answer to said com- plaint, says, he is not guilty, in manner and form, as in said complaint is alledged ; and thereof puts himself on trial. And I, the said justice B. having heard, as well the evidence ad- duced in support ol'said complaint, as that in defence of the said G. F. together with the arguments in his behalf ur- ged, do find that he is guilty, in manner and form, as is in said complaint alledged and do also find, that tho said goods and chat- tels, .so by him stolen, are all of the value of two dollars and for- ty cents ; whereupon it is considered, by me, the said justice B. that the said G. F. forfeit and pay to the said R. R. the sum of seven dollars and twenty cents, being the treble value of the said goods and chattels, so stolen from him, by the said G. F. and that he the said G. F. forthwith pay to the use of the treasury of the town of S. aforesaid, a fine of dollars, or give security, speedily to do the same ; and that he pay the cost of this prosecution, taxed at dollars cents. And the said G. F. refusing to pay the sums aforesaid, or to give security that he will speedily pay said fine, it is further considered by me, the said justice B. that the said G. F. be punished by whipping stripes, on his naked body, nnd that he be assigned in service unto the said K. R. for the space of months, and days next coming, who is hereby authorised to hold the said G. F. in service, ot- to assign him, the said G. F. in service to any citizen on the United States, until said sum shall be completed, for the sat isfaction of said treble value of said goods and chattels so stolen, together with the cost of this prosecution ; and that the said G. F. stand committed, until sentence be performed. J. B. justice of the peace. 'NOTE. The above form ts where there is a refusal or inability to pay the sums adjudged ; but if payment, be wade, al: rukat re- iates to the- whipping, and binding to sci~i<->, is to be on: Though the. payment be.net made at the />'w of midTing ihr. jndy iCE OF THE PEACE. in.ent, yet if the prisoner offers sufficient security for the spe edy pay- ment of the fine, he may not be wMflp'ed 3 , but must be assigned in serv^ee^for the treble value and cost, unless there shall be a restor- ation of the articles stolen, which will reduce the yum to double the value, instead oj treble, and the binding in service must be accord- ingly, and the restoration be noted in the record, as in the form -I cxt following. RECGtitk Ofjudg;nent, where the value of the goods stolen exceed $3,34, and arc not of greater value than $30, the same as the forego- ing, varying the sums according to fact, until after the words taxed at dollars, and cents, then say, and that the ; not exceed $30, insert the words (And that the said G. F. be punished by whippii':; stripes upon his naked body,) immediately r-jltr tin- vord cents, in the cost, am! omit the same words below, in italics and between brackets. 60 JUSTICE OF THE PEACE. Theft. RECORD. Of a 'judgment, in case where the articles stolen, exceed tJie val- ue of $3. 34, and do not exceed the value r/$30. F. County, ss. S. Be it remembered, that on this day of A. I). (jr. F. of said S. is brought before me, J. B. Esquire, one of the justices of the peace, for F. county, at S; in said county, by virtue of a warrant, issued on the complaint of J. D. a constable of said S. by the Honorable R. M. S. Esquire, one of the assistants of the State of Connecticut, for, that the said G. F. cii. or about the day of IA. D. at in said county, took, stole, and carried away from the possession of one R. R. of said S. one certain red cow, of the value of thirty dollars, the proper goods and chattels, of the said R. R. against the peace, anu contrary to the form and effect of the statute, in such case raade and provided. And the said G. F. being required to make answer unto said complaint, says, he is not guilty, in manner and form, as is in said complaint al- ledged, and thereof puts himself on trial ; and 1 the said justice B. having heard, as well the evidence adduced in support oi said complaint, as in defence of the said G. F. together with the arguments urged in bis behalf, do find that the said G. F. is guilty, in manner and form, as is in said complaint alledg- ed, and do also find that the said cow, so stolen by the said G. F. was, when stolen, of the value of thirty dollars ; whereupon it is considered, by me, the said justice B. that the said G. F. forfeit and pay to the said R. R. the owner of said com, the sum of ninety dollars, being ihe treble value of said cow, when stolen, and that he the saidG. F. forthwith pay to the use of the treasury of said town ,\ fine of five dollars (or give security that he will speedily pay the same; together with the cost of this prosecution^ taxed at dollars and cents, and that h<- be farther punished by whipping stripes on his naked body. And the said G. F. being unable to pay to the said R. R. the sa'id sum o the treble value of said cotr. s/" ! (', F. JUSTICE OF THE PEACE. 61 it is further considered, by me, the said justice B. that he the said G. F. be assigned in service, to him, the. said R. R. for the space of months next coming, who is hereby au- thorized to hold Ju'm, the said G. F. in service, or to assign him, the said Q, F in service to any citizen of the United States, until said term shall be completed, for the satis- faction of said treble value of said cow, so stolen; and that a warrant of distress issue to levy of the goods and estate of the said G. F. the amount of said fine, and cost, and that he stand committed until sentence be performed. J. B. Justice of the Peace. WARRANT OF EXECUTION AXD DISTRESS. To the sheriff, &c, (in common /or//t) Greeting : Whereas G. F. of S. aforesaid, on the day of A. D, was before me, J. B. Esquire, one of the justices of the peace for said county of F. at S. jn said county, convicted of having stolen a cow, of the value of $30, from one R. R. of said S. and whereas the said G. F. was upon said conviction, considered by me, the said justice B. to pay ihe said R. R. the sum of $90, being the treble value of said cow, so stolen from him the said R. R. and that the said G. F. forthwith pay. to the use of the treasury of the town of S.- t aforesaid, a fine of dollars, (or give security that he would speedily do the same) together with the cost of said prosecution, taxed ai the sum of dollars. And that he be further punished by whipping stripes on his naked body. And -whereas ihe said G. F. being unable to pay the ?aid sum of $90, the said treble value of the said cow, so by him stolen from the said R. R. it rt's further considered by me, the said justice B. that the said G. F. be assigned in service to him the said R. R. for the space of ' next coming, who was thereby authorized to hold the said.G. F. in service, or to assign him in service toanyoftlic citizens of the United States t until said term shall be completed, for the satisfaction of the said treble value of said cow, so stolen ; and that a warrant of distress is3ue to levy of the goods and estate of the said G. F. the- JUSTICE OF THE PEACE. amount of said fine and costs. These are therefore, by author- ity of the State of Connecticut, to command you, without dejay, to convey the said G. F. to some proper public place, and there inflict stripes on his naked body, and immediately thereafter deliver the said G. F. together with a true and attested copy of this warrant, unto him the said R. R. And that of the money of the said G. F. or of his goods, or estate, you cause to be levied the said fine, and costs, amount- ing in the whole to the sum of tioilars, and cents, with cents more, for this warrant, together with your own fees ; and the sura or sums which you shall so levy, pay to the subscri- ber, to be disposed of as the law directs. Hereof fail not, and make due return of this warrant, and your doing? thereon, to the subscriber within sixty th.ys next coming. Dated at this day of A. D. J. B. Justice of the Peace. RECORD OF ENQUIRY. In case where the goods stolen, cxeeed the value o/"$30. F. County, ss. S. Be it remembered, that on the day of A. D. out G, F. a trancient person, is brought before rae, J. B. one of the justices of the peace, for said county pf F. at S. in said county, by virtue of a warrant, issued by me, the said justice B. on the complaint of J. D. a grand juror of said S. for, that the 5.1 id G. F. on, or about the day of at said S. with force and arms, feloniously took, stole, and carried away, from the possession of R. R. of said S. (Jiere describe the articles stolen, and the value of each} all the goods or.d chr-i u.,s of the said R. R. and of the value of dollars and cents, against the peace, and contrary to UK; statute, in such case made and provided.. And fhe said G. F. being required to make answer to said complaint, says, he is not guilty, in manner and form, as in said complaint is ailedged. And I the said justice B. hav- ing duly enquired into the facts ailedged in said complaint, am of .opinion, that they are true, and that the articles ailedged therein to have ..bean stolen, exceed the value of $30. Whereupon it ir JUSTICE OF THE PEACE. considered by me, the said justice B. that the said G. F. recognize, with one sufficient surety, to the State of Con- necticut, in the sutn of dollars ; conditioned, that the said Gr. F. shall appear before the County Court, to be holden at in and for F. county, on the Tuesday of A. D. and answer the matters in said complaint alledged, and abidfc the order of said County Court therein, and, in default of recog- nizing as aforesaid, that he be committed to the common gaol in said county, thereinto beheld until he shall be delivered by dr- der of law. NOTI: If the prisoner be charged with stealing a horse, the judgment may be, that he recognize to appear before the Supe- riour Court, if such Court sets in that county, before any County Court, and the recognizance taken accordingly, both Courts having jurisdiction of that crime. RECOGNIZANCE. F. County, ss. S. Be it remembered, 4'e. (the same as i:i recognizance for keep- ing the peace, excepting ths condition ^/ir'ivi is as follows). The condition of this recognizance, is such, that if the said G. F. shall personally appear before the County Court, to be holden at in and for the county of on the Tuesday of A. D. and answer the complaint of J. D. a grand juror of said S. charging him the said G. F. wit!: having, with force and arms, feloniously taken, stolen, anu carried away, from one R. R. his goods and chat- tels, of the value of dollars, and abide the order of said County Court, touching all the matters alledged in said com plaint, then this recognizance to be void, otherwise to remain ir, fail force and virtue J. B. Justice of the Peace. MITTIMUS, To the sheriff, &c. and either constable of S. Gree, Mm*: WheresG. F. of on the day of A. D. \\ as brought before me, J. B. Esquire, a justice of the peace, for sard coMP.ly, bv vJ^tn^ofp \mrnnt- ;ijed by me. th d4 JUSTICE OF THE PEACE. said justice B. on the complaint oi'J. D. a granel juror o!' said S. ibr that, thu said G. F. on or about the day of at in said county, with force and arms, feloniously took, stole, and carried away, from one R. K. his certain goods and chattels, in said complaint described : all of the value of dollars. And whereas on enquiry concernina the facts aliedged in said complaint, before me, the said justice B. I was of opinion that they were true, and thereupon con- sidered, that the said G. F. recognize, with one surety to the State of Connecticut, in the sum of dollars ; condi- tioned, that he the said G. F. shall appear before the County Court to be holden at in and for the county of F. on the Tuesday of A. D. and answer said com- plaint, and abide the order of said C'oimty Court touching all the matters aliedged in said complaint ; and in default of recog- nizing as aforesaid, that the said G. F. be committed to the common gaol in in said county, therein to be held until he shall be delivered by order of law. And whereas the said G. F. hath neglected and refused, and still doth neglecf and refuse to recognize; with surety in manner aforesaid, though a reasonable time hath been allowed him therefor. These are therefore, by authority of the State of Connecticut. "D command you to convey the said G. F. to the com- mon gaol in in said county of and him there, togeth- er with this warrant, to deliver to the keeper thereof, who is hereby commanded to receive the said G. F. . into his Custody within said gaol, and him therein safely keep, until he jhall be delivered by mlei of l.\\\~. Dated at, &c. J. B. justice of the peace. PROCESS ISSUE J.i (XV THE AFFIDAVIT OF J PRI- VATE PERSON. To J. B. Esquire, one of the justices of the peace for the county of F. comes J. D. of S. in said county, and in behalf of the State of Connecticut, complains, that at S. aforesaid, ou the day of A. D. some evil minded person, with force and arms, feloniously took, stole, and carried away from the possession of R. R. of said JUSTICE OF THE t>EACE. Theft. S. the following articles, viz. (here describe the articles] oi the value of being the proper goods and chattels of the saidR. R. and that the said J. D. hath just cause to suspect, and doth suspect, that G. F. of did feloniously take, steal, and carry away the goods and chattels aforesaid, against the peace, and contrary to the form of tUe statute, in such case made and provided Dated at the day of A. D. J. D. F. County, ss. S. On this day of A. D. personally came the above uamed J. D. and made oath, that the above complaint by him subscribed, is just and true, before me. J* B. justice of the peace . WARRANT. To this sheriffoi the county of F. his deputy, or either constable of the town ofS. within said county Greeting : By authority of the State of Connecticut, you are hereby com- manded, forthwith to arrtist the body of the above named G. F. if he may be found within your precincts, and him have before me, or some other justice of the peace for said county, that he may answer the foregoing complaint, and be dealt with as the law directs : you are also required to notify the said J k D. ofthe time and place of enquiry, and summon and for witnesses in support of said complaint. Hereof fail not, and due return make, fordoing of which thi' te your sufficient warrant. Dated at this day of A. D. J. B. justice of the Peace. NOTE !T/tc record of enquiry, recognizance., and mittimus t are the same on the above complaint, as when made by a grand juror or constable, except that instead of describing the complain" ant by his office, say, upon the complaint of J. D. oh oath made, before a justice of the peace for the county of (or for said county) (or before me) as the case may require JUSTICE OF THE PEACE Though thfc issuing a warrant for the taking of a theif, or other felon, i rarely done on the complaint, of a private person in be- half of the state only, yet it is unquestionably legal, and in some necessary. Of the necessity, the justice must on the par- ticular occasions determine. If as the case may many times be, he should refuse or neglect to issue a warrant, on such complaint, flic greatest offenders might escape. PROCESS qUI-TJM FOR THEFT. To J. B. Esquire, one of the justices of the peace for 'be county of F. comes J. D. ofS. in said coun- ty, and as well for the State of Connecticut, as for himself, in this behalf, complains, that G. V. of at S. afore- said, on the day of A. D, with force and arms, did feloniously take, steal, and carry away, from the possession of the said J. D. the articles following, vix. (here de- scribe the goods lost,) of the value ot the proper goods and chattel? ef the said J., D. and that he. hath probable cause to suspect, and doth suspect, that the said goods and chat- a" part of them are concealed in the of G. F. at S. aforesaid, and that said G. F. did feloniously fake, .steal, and carry away the goods and chattels, aforesaid : )<;aints the peace, and contrary to the form of the statute, in such case made and provided, and to the damage of the said J. D. lifly dollars ; waereupoa the said- J. D, prays process to search, for said goods and chattels, and if found firjlh the said G. F. as aforesaid, that he be arrested, and brought before proper authority, and be dealt with as the law directs. J. D. Dated at this day of A. D. F. county, ss. S. on this day oi' A. I). personally came the above named J. D. and made oatl- fliat the allegation of the felony, committed as set forth in said complaint, is true, and that he hath just cause to suspect, and doth suspect, that said goods and chattels, or a part of them, are con- cealed, as in said complaint is mentioned ; and that the said fel- ony was -committed by the said G. F. before me, J. J*. -Justice of the Peace. JUSTICE OF THE PEACK. t- Theft. SEARCH WARRANT. To the sheriff of the county of F. or his deputy, or either of the constables of the town of S. \\ithin said county, Greeting : whereas oath has been duly made, to the truth of the above complaint ; these are therefore, by authority of the Stain of Connecticut, to authorize and require you with necessary and proper assistants, accompanied by the said J. D. to enter in the day time, into the of said G. F. and there make diligent search for the goods and chattels aforesaid. And if the same, or any part thereof, shall, upon such search, be found, that you forthwith bring the goods so found, and also the body of the said G. F. jfhe may be found within your precincts, before me, the said justice B. or some other jiMice of the peace, for said coun-ty, to be disposed of, and dealt with as the law requires : you are also to notify the said J. D. of the time and place of enquiry, and summon /j the folio-wing articles, to ^t'L) (here describe the articles found,) ji>,r! of the articles mentioned in the with In rnmplainl, but cuuld not find the residue,] and have also arrested the body of the said G F. and now have them before J. B. Esquire. one of the justices of the peace for said county, to be disposed of, and dealt with, as the Jaw directs. N. O. Co//v PLEA. county, ss. S. day of A. D. Now the said G. F. in court defends, pleads, and says, .hat he i not guilty, in manner and' form, as is insaul.couipl-Ti ' ?/". r JUSTICE OF THE PEACE. 71 CHAPTER VII. BURGLARY. Burglary, is the breaking and entering a dwelling house, ov shop, whorein goods, wares, and merchandise, are deposited, in the night, with intent to commit a felony. The night includes all that part of the twenty four hours, in which a man's face cannot be known by the light of the sun. To constitute a dwel- ling hou?c, it must be- a building in which some one usually lodges, in the night. There must be both a breaking and entering, to complete the burglary ; but they need not be both done at once, for if a hole be broken one night, and the same breakers enter the next night, through the same, they are burglars. The rais- ing a latch, or loosing any other faslning, is a breaking ; but en- tering at a door, or window, left open by any other person, is not ; but to come down a chimney is. If any person lodging in the same house, />pen and enter another chamber, with such ink-lit, it is a burglary. To constitute a burglary, th^re must be a felonious intent, otherwise it is only a trespass. The entry may be L>y running in the hand, or a hook, and therewith taking tint the good.-. This wilJ bo burglary.(a) The crime of burglary, is punishable by imprisonment i 'w-git'i ; ;aii! is within Ilia jurisdiction of the Superior Cou COMPLJLVT. To J. B. Esquire, one of the justices of the peace for F. county ; conies J. D. a grand juror of S. in said coimiy, and complains, that in the night next following UK: day of A. 1). .some evil minded person, or per- b'uii-, to the .'aid J. D. unknown, with force and arms, and with felonious intent, did wickedly, and feloniously, and burglariously break, and enter the dwelling house, (or shop, where- MI ;,oi,d-j and merchandise were deposited) of J!. ft. of . (ff)'L Cl. O(;rj. ?->>. >!. (//) 1 S*. 207. HOI, f th/ 10 74 JUSTICE OF THE PEACE. Bur iary. justices of the peace for said county of F. aforesaid, by vir- tue of a warrant issued by me the said justice B. on a coftl- plaint of J. D. a Grand juror of said S. charging the said G. F. with burglary, in having, on the night next fol- lowing the day of A. I). at said S. feloniously broken, and entered the dwelling house of R. R. -of said S. and therefrom, then and there, feloniously tdkr"n, stolen, and carried a way certain goods and chattels of the so id R. R. of the value of dollars, in said camplainl 'de- scribed. And whereas on enquiry into the facts set forth in said complaint, I the said justice B. was of opinion that said facts were true ; and thereupon considered, that the said G. F. recognize with two sufficient sureties to the state, in the sum of dollars ; conditioned, that the said G. F. shall per- sonally appear before the Superior Court to be held at in and for the county of on the Tuesday of A. D. and .nuswer whatsoever shall by the states attorney, before said Su- perior Court, be objected against him, the said G. F. concerning the charges set forth in said complaint, and in defaul' of recognizing with sureties as aforesaid, that the said G. F. be committed to the common gaol in in said County, therein to be held until he shall be delivered by order of law. And whereas the said G. F. did refuse and neglect, and otill doth refuse and neglect to recognize, with sureties, as afore- said, though a reasonable time hath been allowed him therefor ; these are, by authority of the State of Connecticut, to require you forthwith to convey the said G. F. to the common gaol in in the county of aforesaid, and him there, to- gether with this warrant, to deliver to the keeper thereof, who is hereby required to receive the said G. F. into his custody within said gaol, and him therein safely keep, until he shall be delivered by order of law. Dated at this day of A. D. J. B. Justice of the Peace. COMPLAINT. For stealing from the person, commonly called picking pockets, at an assembly collected to extinguish jftre, complains, that on the JUSTICE OF THE PEACE. Burglary. day of A. D. oneG. F. of with force and arms, at aforesaid, feloniously, subtily, privily, and craftily, took, stole, and carried away from the person of J. D. of at an assembly of people, collected for the purpose of extinguishing afire, at aforesaid, one gold watch, of the value of two hundred dollars, the proper goods and chattels of the said J. D. against the peace, and contrary to the fonn of the statute, in such case made and provided. Dated. &c. R. R. Grand juror. NOTE The County and Superior Court have concurrent juris- diction of theft, from the-person. If the person from whom the theft is committed, be not at an assembly of people collected for the purpose of extinguishing afire when it was done, omit those words in the complaint. JUSTICE OF THE PEACE. Kobbery. CHAPTER VIII. ROBBERY. BOBBERY, is the felonious and forcible taking from the per- son of another, in the field, or highway, of goods or money, to any value, by violence, pr putting him in fear. There must be a faking, otherwise it is no robbery. Ifthe thief having once tak- en a purse, returns it, still it is a robbery ; and so it is, wheth- er the taking, be strictly from the person of another, or in his presence only ; or where a robber by menaces or violence, puts a man in fear, and drives away his sheep, or hi$ cattle, be- fore his face. But if the taking be not directly fro.m his person., or in his presence, it is no robbery. It must be done by force, or previous putting in fear. It is immaterial of what value the thing taken is, whether a cent or a thousand dollars. (a) The pun- ishment for it, is imprisonment in Newgate, and the jurisdiction pf the crime belongs to the Superior Court. COMPLAINT- To J. B. Esquire, one of the justices of the peace, for the County of F. comes J. D. a grand juror of S. in said county, and complains, that on the day of A. D. G. F. with felonious intent, and with force and arms, made a violent assault on the body of R. R. of said S. and then, and there, did feloniously rob, and take from him, the said R. R. certain articles, to wit. (here describe the ar- ticles,) and other injuries and enormities to the said R. R. the saidG. F. then and there did, against the peace, and contrary to the statute, in such case made and provided. Dated at this day of A. D. J. D, Grand juror. The form of the record of enquiry, recognizance, and mittimus, is the same with the preceding, on complaint for burglary, mu- tatis mutandis. () 4B1. Com. 241, 242. 1 Hal. P. C.533. 1 St. 297. ; JUSTICE 0F THE PEACE. 77 Forgery. CHAPTER IX. FORGERY. i? JL ORGERY is the fraudulent making or altering of a writing to the prejudice of another's right, for which the of- fender is to be tried before the Superior Court, and, if convicted, punished by imprisonment in Newgate. (a) COMPLAINT. To J. B. Esquire, one of the justices of the peace for the county of F. comes J. D. a grand juror of S. in said county, and complains, that on the day of A. D,. at said S. G. F. of with force and arms, and with intention to deceive and defraud the good citizens of ihis state, and in particular to deceive, defraud, and injure the President, Directors and Company of the B. Bank, estab- lished at B. in said state, did willingly and deceitfully forge, and falsely make, and willingly and deceitfully caused t be forged and falsely made, a certain note promissory, common- ly called a bank note, purporting to be a note, in and by which jhe said President, Directors, and Company of the said B. Bank promised to pay to S. tL or bearer, the sum of five dollars, bearing date the day of A. D. and signed with the name of J. B, President, and counter- signed G. H. Cashier, in the likopcss and similitude of a genuine note of said B. Bank. And there afterwards^ to wit, on the day of A. D. the said G. F. with an intention as aforesaid, at S. uttered and published as true, the said forged and falsely made note, against the peace, and contrary to the form of the Statute, in such case made and, provided. Dated at this day of ,, A. D. '.', i , :,td Juror. Form ofn-arrwit, record of enquiry, recognizance, and mitii mus, the same as in case of Burglary, m\*lni'i> mutandis, (a) I St, 298. 4 Bl. Com.' 24,7, JUSTICE OF THE PEACE. Forgery. COUNTERFEITING MONEY. Counterfeiting is the making of base medals, such as copper, tin, &c. representations of co.a of gold or silver, by law current, as money in the state ; or the washing or plating with gold or silver, such base metals, so as to make such representations ; or by mixing such base metals with cither gold or silver, and of fcuch mixture making pieces representfhg such current coin. Such counterfeiting is a crime punishable by imprisonment in Newgate, on conviction before the Superior Court, which holds exclusive jurisdiction of it. It is also a crime of the same na- ture, to utter, or put off any such counterfeit coin, knowing it to be such, and punishable in the same manner, on conviction be- fore the same Court. COMPLAINT FOR COUNTERFEITING MONEY. To J. B. Esquire, one of the justices, fyc. comes J. 0. a grand juror, &c. and complains that on the day of A. I). G. F. of S. in said county, with force and arms, and with intention to defraud and deceive the good citizens of this state, did forge, and falsely make, and coun- terfeit, and caused to be forged, faisely made, and counterfeit- ed, pieces of silver (or gold] coin, bearing the likeness and si- militude of which is a coin currently passing in this state, against the peace, arid contrary to the Statute, in such case made and provided. Dated at this day of A. D. J. D. Grand Juror. COMPLAINT FOR PASSSING COUNTERFEIT MONEY. To ,*. B. Esquire, one of the justices of the peace, foi V. county, comes J. I). a grand juror of S. in said county, and complains, that on the day of A. D. at in said county, G. F. with force and arms, did utter and put off as good and lawful money, to R. R. of one piece of false, forged, and counterfeit coin, bearing Ihe likeness and similitude of a Spanish milled dollar, (or other roi-ii as Ihc cane may be) which is a coin by law currently passing JUSTICE OF THE PEACE 79 Fonrerv. in this state, then and there well knowing the same to be false, forged, and counterfeited, as aforesaid^ against the peace, and contrary to the form of thu Statute, in such case made and pro- vided. Dated at this day of A. D. ,T. D. Grand Juror. A'. LI. The above, mutatis mutandis, may U used for i SO JUSTICE OF THE PEACE. CHAPTER X. ARSON. ,/JLRSON, is the wilful, malicious; and felonious burning, o/ attempt to burn, by setting on fire, any state h6use, county house, IBwn house, church, or meeting house, school house, dwelling house, barn, out-house, shop, store, ship, or other vessel. ^a) To constitute the crime, the building or vessel must belong to anoth- er, and not the property of him who burns, or sets it on fire/6) If he who burns, or sets on fire, any building above described, be seized of such buildings in fee, or but possessed of it foi years, and it stanch at a distance from all others, he is not guilty of a felony by such burning, or setting on fire. And even if the building be in a town, and the man so seized, or possessed, burns it with intent tbereriy to burn anothers' house, but fails in such attempt, it is not arson. It is however, an offence highly punish- able Jn regard of his malice, and the public danger which at- tends it ; and is punishable with the pillory, fine, and imprison^ ment. But in either case, the burning must be malicious, other wise it is only a trespasser ) Arson is cognizable by the Superior Court only, and if no persons life be lost, or endangered, the punishment, on convic- tion, is imprisonment in New Gate, at the discretion of the Supe- rior Court not exceeding seven years ; and fora second offence, for life. But if the delinquent be a female, the imprisonment r to be in the common gaol of the county. (c/) COMPLAINT, ToJ. fi. Esquire, one of the justices of the peace foi f\ county, comes J. D. a grand juror of S. in said county, and complains, that on the day of A. D. at (a) 1 St. 297, 301. (b) 1 Hal. P. C. 556, 568, 569. 1 Hawk. 165, ICC. (c) 1 Hawk. 166, 1C7. 4 131. oin, 222. (ome other justice of the peace, in said county of F. that he fnay answer the foregoing complaint and be dealt with as the law directs. (The said G. F. is, as I am informed, a tall pare man, of a dark complexion, black hair, greenish eyes, walks with his bead inclining forward ; wears a broad brimmeu brown hat, drab coloured coat, without cape, or pocket-flap?, or buttons, fastened with hooks and eyes ; sometimes attempts tc art as a preacher,) and is supposed to have fled towards Hereof fail not and return make. Dated a* this day of A, D. J. B. Jvstiee of the Pe ac* . RETURN L'i' THE SHERIFF OF ANOTHER COUNTY. F. County, ss. S. On the day of A. D. at W. in the county of N. H. I arrested the said G. F. and now on this day of A. D. have him before L. L. Esquire, justice of the peace, for the county oFF. at S. in the county aforesaid. N. R, ShenfofN. IL Covni^ JUSTICE OF THE PEACE. Ar?on. JIEOORD. F. County, ss. S. Be it remembered, that on the day of A. D. G. F. of is brought before me, L. L. En- quire, one of the justices of the peace for F. county, at S. in said county, by N. R. sheriff of the county ol'N. H. by virtue of a warrant of hue ami cry, issued by J. B. Esquire, one of the jiretices of Uie peace for said F. county, on the complaint of J. J). oi'er.id !>. on oatb made, for that on the night next following the day of A. P. at said S. l.cMvi.eh the hours of eleven and three, of the s.une night, some pen-on or person 4 , to the said J. D. unknown, with force and arms, did wilfully, mali- ciously, and feloniously, bum (he c! '.veiling house of R. Ii. of said S. and the said J, D. bathes use to suspect and uoth suspect, that G. F. of did wilfully, ma- liciously, and feloniously, burn the dwelling house aforesaid, and that the life of the said K. K. then in said dwelling house asleep, was thereby lost, he being burnt to death in the same, against the peace, and contrary to the form of the otatute, in such case made and provided. And the said G. F. being required to make answer to said com- plaint, says, he is not guilty, in manner and form, as is in said complaint alledged : and I, the said Justice L. L. hav-. ing enquired into' the facts set forth in said complaint, am of opinion, that the said G. F. is guilty, in manner aiut form, as is in said complaint alledged, and that the said R. R. lost his life, and was burnt to death, by the burniiy of his dwelling house, in manner aforesaid. Whereupon it M con- sidered by me, the said justice L. L. that th-j said G. F. be committed to the common gaol in i'. in said coun- ty of F. therein to be held until he shall be delivered by order of law, Pated at this day of A. D. L, L. Jitkiice of tlie Peace, MITTIMUS. To the Sheriff of the county of F. his Deputy, or cit'iei >ii the Constables of the town of S. within said county, Greeting : Whereas G. F. of S was this day 34 JUSTICE OF THE PEACE. brought before me, L. L. Esquire, one of the justices of "'he peace for F. county, by N. R. sheriff of the county of N. JI. by virtue of a warrant ofhue and cry issued by J. B. Esquire, a justice of the peace for said county ofF. r JUSTICE OF THE PEACK. Lascivious Carriage. adultery, against the peace, and contrary to the form of the stat- ute, in such case made and provided. Dated the day of A. D. J. D. Grand Juror. BIGAMY. COMPLAINT. To J. f>. Esquire, one of the justices ot the peace fcv county, comes J. D. a grand juror of S. in saiu county, and complains, that, on the day of A. I), O. F. ofS. in said county 3 being a married man, rind having a latvful wife, then alive, at in said count; , did unlawfully, marry one J. N. of said S. a sin- gle woman, and hath ever since hitherto continued to live with the said J. N. as his wife, . Vis said former wife being ^:till alive, against the peace, and contrary to the form cf the Stal tile, in such case made and provided. Dated at this day of AD. J. D. Grand Jur-'ir. COMPLAINT FOR BEING FOUND IN BED WITH MOTHER MAN'S WIFE. To J. B. Esquire, one of the justices of the peace for F. county, comes J. D. a grand juror of S. Jn said county, and complains, that on the day of A. D. G. F. of said S. was at S. aforesaid, found unlawfully and wilfully in bed with J. N. of said S. a married woman, and then the lawful wife of R. N. of said S. against the peace, and contrary to the form of the Statute, in such case made and provided. Dated at this day of A. D. J. D. Grand Juror. COMPLAINT FOR WEARING WOMEN'S APPAREL, To J. B. Esquire, one of the justices of the peace for F. county, comes J. D. a grand juror of S, in said county, and complains, that, on the day of A. D. G. F. of said S. unlawfully in a public street in said S. for the space of hours, did wilfully wear, and ap- pear in apparel appropriate to women only, to wit. in a petticoat, JUSTICE OF THE PEACE. 87 Lascivious C aa &c. so that by his apparel then worn, he was taken, and believed to be a woman, against the peace, and contrary to the form of the statute, in such case made and provided. Dated at this day of A. D. J. D. Grand Juror. RAPI:. Rape, is the crime of having carnal knowledge of a woman, by committing carnal copulation with her, forcibly, and against her will, or consent ; and is punishable with death, (a) An at- tempt to commit the crime, by an assault upon the body of a woman, with force and arms, and actual violence, with intention to commit a rape upon her, is an offence punishable with im- prisonment in New Gate at hard labor, during the natural life o. the offender ; or for such other period, as the Superior Cour 4 shall determine(6) An infant under the age of fourteen, is presumed by ln;v, in- oapable to commit a rape ; but it maybe committed on the bo- dy of rf fcrnale, under that age ; and if under the age of ten years, no proof of consent, on her part, is admissable. (c) COMPLAINT FOR ATTEMPTING ,:> ToJ. 1>. Esquire, or,e of the justices of the peace ii-/ F. County, cemesJ. 1), a grand juror of S. insair County, and complains, that, on the day of A. D. at S. aforesaid, G. F. of said S. with fora and nrrns, and actual violence, an assault made, upon the bod\ ofG. N. of said S. ajemale, and infant of the ag< of nine years, with an intention to commit a rape on the bod\ of her, klie said G. N. against the peace, and contrary lo the statute, in such case made and provided. Dated the day of A. D. J . D . Grand' yuro r. N. B. If in the opinion, of the justice, before whom the enquiri, M made, the c.ccused be guilty, he may recognise him to appea/ "sin other bailabls offences, or commit him, on default ofprovid- "1. Com. 200. I St. 301, (b) IMil. 300. .'0 1 irawk. 170, 38 JUSTICE OF THE PEACE. Lascivibus Carriage. ing sureties for suck appearance. The forms of Record of en- quiry, recognizance, and mittimus, the same, mutatis mutandis , as in burglary. COMPLAINT FOR A RAPE. To J. B. Esquire one of the justices of the peace, for the county of F. comes J. N. of S. a sin- gle women, of the age of twenty five years, and complain?, thai, on the day of A. D. G. F. of said S. at S. aforesaid, at a place called B. with force and arms, and actual violence, an assault made upon the body of her the said J. N. and that the said G. F. did then, and there, with like force and arms, and actual violence forcibly and feloniously commit carnal copulation with her tbe said J. N. and did then, and there, her ravish and carnally know, against her will, and without her consent ; against the peace, and contrary to the form and effect of the statute, in such case made and provided . Dated at this day of A. D. J. N. F. county, ss. S. on this day of A. D. came personally before me, the above named J. N. and made oath, that the above complaint by her subscribed, i.? 'rue, before me. J. B. Justice fjf the Peace. WARRANT. To the Sheriff of ihejCounty of F. his Deputy i or either of the Constables of S. within said County, Greeting: "Whereas the foregoing complaint has-been, on oath, made to me, J. B. cue of the justices of the peace for F. County ; these arc therefore, by authority of the State of Con- necticut, tikcommand you to arrest the body of the above named G. - F. ami him forthwith have, before me, the said jus- lice B. or some other justice of the peace, in said County of F. that he may answer the foregoing complaint, and be leak with as the law directs. Hereof fail not, and make due return. T)M<-] M this day of A. D. J. I'. Justice f)f the Pcacf. JUSTICE OF THE PEACE. Lascivious Carriage. If the accused has absconded it will be proper to issue a warrant, with hue and cry, as in the case of Arson, with loss of life. The record of inquiry, (if; in 'the opinion of the justice making it, the accused is guilty,} and the mittimus, may also be, mutatis inuUui dis, the same as in Arson, brf ore mentioned. COMPLAINT AGAINST A- WITNESS FOR FALSE SWEARING, Wl TH DESIGN TO TAKE -A WA i' A MAN'S LIFE. ToJ. B. Esquire, orte ot'the justices of the peace for F. County, comes J. I>. a Grand juror of S. in said county, and complains, that, on the day of A. D. J. N. of said S. a single woman, of the age of twen- ty-five years, at' said S. did with force and arms, wilfully, maliciously, feloniously, and \vith design to take away the life ofG. F. of said S. before J. B. Esquire, a justice of the peace for said F. county, by whom the said J. N. was then and there duly sworn, according to the forms of law, to say the truth, in relation to the facts alledged in a complaint by her made, against the said G. F. for 1 the crime of rape, falsely swore that (here set forth the -saords of the testimony, as near as may be,} against the peace, and contrary to the form of the statute, in such case made and provided. Dated at this : day of A. D. J. D. Grand Juror- The above form is inserted immediately after the process, in case of rape, from a belief, that wilful false swearing with design to take away life, has more frequently occurred in complaints fo# rape,. than ip any other, that the justice might be reminded to admonish the complainant of her danger, if her complaint br false. JUSTICE OF THE PEACE. CHAPTER XII. MAYHEM. J|_ O cut out, or disable the tongue, put out aa eye, or eyes, so that the ptrson is thereby made bljnd ; or to cut off all, or any of the privy members of any person, or to be aiding or as^ sisting therein, by lying in wait on purpose, and of malice afon thought, is ai> offence punishable with death. COMPLAINT. To J. B. Esqnire, one of the justices of the peace for F. county, comes J. D, a gram! juror of S. ,n .said county, and complains, that on the day of A. D. .it in said county, G. F. of said S. did, with force and arms, by lying in wait, on purpose, of his malice afore- thought, feloniously cut out the tongue of R. R. of said S. (^or did pluck outtfic right eye /", 4'C. or otherwise) as the case may he,) against the peace, and contrary to the form of tho statute, In such case made a-ml provided. Dated at this day of A, D. J. D. Grand Juror. If the ojf'tnce complained of, is aiding or assisting , after the -xords R. R. of said S. suy, and that L. M. of .-aid S. rpthought, feloniously ki} 'I, the Paid < by cutting his throat vMh a razoV.-by Prison wiicrrof the said R.' ' H. : '' langufeh- od, and languishing, died ; against tlie peace, and contrary to the '"orm of the statute. ''in such case made ami provided. Dtitod at A. D. .! n. /,7-r^J;^/-. vc-form-n-n; cases of man-slaughter, omit- ung the words with ni'j.lir^ aforethought, if the complainant feek it his duty so to do. There is not, however, rarely a possible rase, In which' the complainant ought 'to undertake to determine the 'degree of the crime. Indeed, the justice who makes the enquiry, on cbinplaih't'Tor homicide, : oi;ght to exercisr his power of admitting to bail, on account of want -of malice aforethought in the! offender, with extreme caution and deliberation. ; wdmiaxT -WITH nu. .LVI; CRY AFTER A MURDERER. To the sheriffof the 1 county of F. his deputies, and eitii :r of the constables of the several towns within said county, and all other -ejteootive officers, for the conservation of the peace .> within the county aforesaid, and elswhere, to whom the excci; lion hereof doth bekingj Greeting: JUSTICE OF ,THE PEACE. Homicide. Whereas it appears to me J. Ii. .Esquire, one! of the .Justices of the peace for F. Co,unty, by t'uc oalh oi D. of : ^iid county, by me. to him ddfcy radtainiJ- tered, that o . the -.day of A.I). at. said S. ,-noiq one person or persons to the said .T. D. uul.uo., -;-., with force and arms, wilfully, .felon iousjjs and with iriiiict-'afbre- thpught, murdered one K. R. of said S. by cut- ting the throat of him the said R. R. by reason whereof he the said R. R. bled, languished, and languishing, then :tnd there died. And that the said J. D. hath just cause to suspect, and doth suspect, that one G. F. a transient person, then at said S. with force and arms, wilfully, feloniously, and with malice aforethought, him the said R. R. then and there, in manner aforesaid, murdered, against the peace, and contrary tj the form of the statute, in such case made and provided. And that the said G. F. is a short thick set man, of a sandy complexion, vnlk red hair, and blue eyes, and about the age of twenty-five years, and had on when last seen by the aid J. / D. a blue woolrm pea-jacket, and blue woolen trovrsers, and glazed hat, and H secreted io some place, unknown to the said J. D. in said S. or absconded to some distant part, believed to be to the westward of said S. These arc, therefore, !jy authority of the State of Connecticut, to command you, n.nd each, and every of you, forthwith to makr diligent search throughout your several precincts for the sai< G. F. and to make fresh puvauit and hue and cry, for him, from town to town, and from cour.ty to county, as well by horsemen as by footmen, and to give due notice thereof in wri- ting, describing in such notice the person, and the offence afore- said, unto every next ConstaL '. . ering to him an attest- ed copy of this warrant, where it can conveniently be done,) on every side, until the malefactor shal! be taken or you shall reach the utmost limits of this state. And that every person which you, or any of you shall, as well upen y,uch search and pursuit,crs otherwise, take, or cause, to be . ; tly suspected of haviap 94 JUSTICE OF THE PEACE. Homicide. committed the said felony and murder, you forthwith carry before some justice of the peace, in and for the county where he shall be taken, that enquiring by such justice may be made in the premises, and that the prisoner may be dealt with as the law di- rects. Hereof fail not, and of this warrant make doe return. Dated at this day of A. I). J. B. Justice of the peace. JUSTICE OF TUB PEACK. 35 Concealing deaths of bastard children. CH AFTER XIV. CONCEALING PREGNANCY WITH DELIVERY AND DEATH OF BASTARD CHILDREN. JP ORMERL Y to conceal the death of a bastard child , so that it could not be a*sertained whether born alive or not, was murder. It is however, otherwise now ; concealing pregnancy, and being delivered in secret of a child, which if born alive would be a bastard, is punishable with fine, not exceeding one hundred and tidy dollars, and imprisonment not exceeding three months, at the discretion of the (Superor) Court. COMPLAINT FOR,GONCEALING PREGNANCY, be. ToJ. B. Esquire, one of the justices of the peace, for F. county, comes J. - D. a grand juror of S. in said county, and complains that on the day of A. D. a male (or female) child, of about days old, was found se- creted at the mother theft* of unknown to the said J. D. and that the said J. D. hath just cause to suspect and doth suspect, that the said child is the issue of the body, of M. K. of said S. and that the said child is a bastard, and that the said M. K. with force and arms, while she was pregnant with the said child did conceal her said pregnancy, and \vaswillinglydeiiveredinsecretby herself of the said child, against the peace and contrary to the form of tho statute, in such case made and provided. Dated at this riny of A. D. J. D. Gran* Juror. Endeavouring privately to conceal the death of a child wiich if born alive izouUl be a bastard, so that it could not be. asscrtain- cd whether it TE.-OS born alive or not, or t-fhe.thcr it were mvri'crcd, or not, is an offence puhishablc by setting on the gallons, - ith c rope about the neck for one hour, and binding to gor>d ?irt"r'"iir, find imprisonment at the rfircrctiov of the. court. 9>J JUsTiUK'OF T1IL Concealing deaths of bastard children. COMPLAWT. To J. B. Esqi^ire, QJ> of. the justices of the peace for F. county, comes J. D. a grand juror of S. in said county, and complains, that on the day of A.I). at S. in said county, a male (or female) child \vas found dead and concealed, and the said J. D. hath just cause to suspect, and doth suspect, that said child is the isst the body of M. K. ' of said S. a single woman ; ai that if said child Were born alive, it was by law a bastard ; and that the said M. K. with force and arms, and vyith evil intention, did feloniously, wickedly, and unlawfully endeavour. privately by herself and others, to conceal the birth of the child aforesaid, so that it might not come to light whether it were born alive, or not ; or whether it were murdered, or not ; against the peace, and contrary to the form of the statute, in such c?.se made and provided. Dated, &c. J. D. Grand Juror- ' \ JUSTICE OF THE PEACE. 9? Duelling. CHAPTER XV. DUELLING. CHALLENGING TO FIGHT A DUEL. T< OJ. B. Esquire, c. comes J. D. u grand juror, &c. and complains, that on the day of A. D. at in said county, G. F. of S. did, of private malice, fury, and revenge, with force and arms, felo- niously challenge R. R. of said S. to fight at swords (or pistols, or other dangerous weapons, as the case may be,) against the peace, &,c. ACCEPTING A CHALLENGE. After the word feloniously, say, accept from R. R. of said S. a challenge, to fighl with him at swords, &c. CARRYING A CHALLENGE. After the word feloniously, say, did willingly and knowingly carry, and deliver to R. R. of said S. a challenge from him the said G. F. to fight at swords, &c. BEING PRESENT AT A DUEL. Leave out the word did, and after the word feloniously, say, was willingly present as a second to give aid to R. R. of said S. who then was fighting with one G. F. of said S. at swords, &c. 13 JUSTICE OF THE PEACE. Crimes against God and Religion. CHAPTER XVL CRIMES AGAINST GOD AND RELIGION. HE crimes which come under this denomination, are particularly described in the respective statutes prohibiting their commission, to which reference may be had. The forms of pro- cess on each, are also, as brief as may be. DRUNKENNESS. Process against a person, upon a view of the. justice. To the sheriff of the county of F. his deputy, or either constable of the town of S. within said county, Greeting : Whereas G. F. ofS. aforesaid, on the day of A. D. was by me, J. B. Esquire, one of the justices of the peace for said county, at said S. on plain riew, found drunken, so that he was thereby bereaved and dis- abled in the use of his reason and understanding, appearing in his speech and behaviour, against the peace, and contrary to the form of the statute, in such case made and provided. These are, therefore, by authority of the State of Connecticut to command you to arrest the body of the above named G. F. and him forthwith have before me, the said justice B. that he -may show reason, if any he have, why the penalty of ibe law, for the crime of drunkenness, shall not be inflicted upon him, and that he may be dealt with as the law directs. Hereof fail not, and make due return. Dated at this day of A. D. J. B. Justice of the peace RECORD. F. County, ss. S. Be it remembered, that on the day of A. D. G. F. ofS. is brought before me, J. B. Esquire, one 01 the justices of the peace for F. county, at S. in the coun- ty aforesaid, by virtue of a warrant issued by me, on plain view and personal knowledge, that he was drunken, so that he, was be- JUSTICE OF THE PEACE. Crimes against God and Religion.. reared arid disabled in the use of his reason and understanding, appearing in his speech and behaviour, to shew reason, if any he has, why the penalty of the law fur the crime of drunkenness shall oot be inflicted ou him, -and to be dealt with as the law di- rects. And the said G. F. being required to show reason. as aforesaid, said he had none. Whereupon it is considered, by me, the said justice, that the said G. F. forfeit, as a fine, the sum of one dollar and thirty-four cunts, to the use of the treasury of the town of S. aforesaid, with the cost oi prosecution, taxed at $2,50, and on enquiry, it appearing to me. the said justice, that the said G. F. hath no goods where- on to m;;ke distress, for said fine and cost, it is, therefore, further considered, that the said G. F. in lien of said fine, be- set in the stocks for the space of two hours, and that he be as- signed in service for the space of one week next coming, to some citizen of the United States, to satisfy said cost : and R. R. of said S. a citizen of the United States, having agreed to take an assignment of him the said G. F. in service, as aforesaid, he the saidG. F. is by me, the said justice B. accordingly assigned in service to him the said R. R. for the space of one week next coming, and that he stand committed until sentence be performed. J. B. Justice of the Peace. WARRANT OF EXECUTION. To either constable of the town of S. within the county of F. Greeting. Whereas, G. F. of was convicted of the crime of drunkenness, before me, J. B. Esquire, a justice of the peace for F. county, on the day of A. D. and tor want of goods whereon to levy the fine by law inflicted, to- gether with the costs of prosecution, was sentenced to be set in the stocks tor the space of two hours, and to be assigned in serv- ice for the space of one week next coming, to satisfy said costs, and whereas such assignment has been made unto R. R. of said S. these are, to command you forthwith to set ti.e said G. F. in the public stocks in said S. for the space of two hours, and immediately thereafter, to deliver him 100 JUSTICE OF THE PEACE. Crimes against God and Religion. the said G. F. unto him the said R. R. in execu- tion of said assignment. And hereof make return. Dated at this day of A. D. J. B. Justice of the Peace, NOTE Where the fine and cost is paid on the rendering of the judgment, or it is evident that the prisoner hath goods and chat- tels whereon to levy the amount, what relates to the want of goods, setting in the stocks, and assignment in service, are to be omitted in the record. And a warrant of distress may be is sued for the fine and cost. PROFANE SWEARING AND CURSING. To either constable of the town of S. in F. county. Greeting: Whereas G. F. of S. aforesaid, on the day of A. D. at S. aforesaid, in the hearing of me, J. B. Esquire, one of the justices of the peace, for F. county, did wickedly and profanely swear one profane oath, in the words following ; (here recite the words as spoken') (or,) did sinfully, and wickedly curse one R. R. of said S. in the words fallowing ; (here recite the words as spoken} against the peace, and contrary to the statute, in such case made and provided ; ill within the personal knowledge of me, the said justice B. these are, therefore, by authority of the State of Connecticut, to command you to arrest the body of the above named G. F. and him forthwith have before me, the Said justice B. to show reason if any he have, why the penalty of the law for the crime of profane swearing (or profane cursing) shall not be inflicted on him, and that be may be dealt with as the law directs. Hereof fail not, and make due return. J. B. Justice of the Peace. ' 'Record, and warrant of execution, the same as in the case of drunkenness, mutatis mutandis. SABBATH BREAKING. To either constable of the town of S. within the county of F. Greeting : Whereas G. F. of on tbp day of A. D. JUSTICE OF THE PEACE. 101 Crimes aerainst God and Ri-li^ion. being the Lord's day, between the rising .of the suri and thft set- ting of the same, on said day, regardless of his duty to re- member the sabbath day, to keep it holy : in the plain view and personal knowledge of me, J. B. Esquire, one of the justices of the peace, for said county, of F. did at said S. wickedly travel in a waggon, and proceed on a journey, (not from necessity or charity,) against the pence, and contrary to the form of the statute, in such case made and provided. These are, therefore, by authority of the State of Connecti- cut to command you to arrest the body of the above named 1 . G. F. and him forthwith have before me, the said justice B. to show reason, if any he have, why the penalty of the law for breaking the sabbath, in manner aforesaid, should not be inflicted on him ; and to be dealt with as the law directs. Hereof fail not, and make due return. Dated at this day of A. D. J. B. JusiiceoftfiePeacf, RECORD. F. county, ss. S. Be it remembered, that on the day of A. D. G. F. ofS. is brought before me, J. B. Esquire, i justice of the peace for F. couniy, at S. in said county, by virtue of a warrant issued by me, the said justice B. against him the said G. F. for that the saidG. F. being a waggoner on the day of A. D. being the Lord's day, between the rising of the sun and the setting ol the same, on said day, neglected his duty to remember the sab- bath day to keep it holy ; in plain view and personal knowledge of me, the said justice B. did, at said S. wickedly travel in a waggon,, and proceed on a journey (not from necessi- ty orcharity, but on secular business) against the peace, and con- trary to the form of the statute, in such case made and provided. And the said G. F. being required to sLow reason, if any he hath, why the penalty of the law for r,a!> bath breaking, in manner aforesaid, .should not be inflicted upon him, neglected to show any such reason, whereupon it i.n con :'i'.t.-red by me, the said justice B. that the said G. F. rv, a fine of three JUSTICE OF THE PEACE. a?-tius< (iod ind Religion. dollars and thirty-four cents, to the use of the treasury of the fownofS. aforesaid, together with the cost of this pros- ecution, taxed at dollars. and cents, and that he stand committed until judgment be satisfied. J. B. Justice of the Peace. . WARRANT OF DISTRESS AND COMMITMENT. To either constable of the town of S. within the county of F. Greeting : Whereas G. F. ofS. m said county, was on the day of A. D. before me, J. B. Esquire, one of the justices of the peace for said county, convicted of sabbath breaking, by travelling in a waggon in said S. on a jour- ney, on the day of being the Lord's day, and condemn- ed to pay a fine of three dollars and thirty-four cent?, to the use of the treasury of the town of S. aforesaid, together with the cost of this prosecution, taxed at dollars, and cents, which fine and cost the said G. F. hath neglected and refused, and still doth neglect and refuse to pay, or give security that he will speedily do the same. These are, therefore, by authority of the State of Connecti- cut, to command you forthwith to levy the said sums amounting in the whole to the sum of dollars, and cents, by dis- tress and sale of the goods and chattels of the said G. F. if found within your precincts, and the same when levied to pay to the subscriber, to be disposed of as the law directs, and for want thereof to take the body of the said G. F. and him commit to the keeper of the common gaol at F. in said county, within the prison, who is hereby required to receive, the said G. F. into his custody within said gaol, and him safely therein keep, until he pay the aforesaid sums, together with cents more for this warrant, and also your fees, or be discharged by order of law. Hereof fail not, and make due retum within rsixiy'days nest coming. Pp.ffd at this -day of A. D. T . B. Jidticebfih&PeQCf. JUSTICE OF THE PEACE. 103 Crime* against God and Religion. RECORD, Of judgment where a person is taken by a constable, or tithing- man, breaking the sabbath, and brought before a justice of the pejtc.e, ex-officio, wittwnt a warrant. F. county, ss. S. Be it remembered, that on the day of A. D. G. F. ofS. is brought before me, J. B. Esquire, one of the justices of the peace for F. county, at S. in said county, by L. M. a constable (or tithing-man) of said S. by him the said L. M. by virtue of his office taken, for that the said L. M. says, that on the day of A. D. being the Lord's day, while, a man's countenance could be discerned 'by the light of the sun, on the same Lord's day, the said G. F. regardless of hh duty to remember the sabbath day to keep it holy, did at S. aforesaid, in the presence and view of the said L. M. Jabor, by hoeing of corn in the field, of him Ihe saidG. F. (it not beiflg a work of necessity or mercy) against the peace; and contrary to the form of the statute in such case made and provided. And the said G. F. having been by me the said justice B. required to show reason, if any he have, why -the penalty of the law for sabbath breaking, in manner aforesaid, shall not be inflicted upon him, says that he is not guilty, in man- ner and form, as by said L M. is alledged, and I the said jus- tice B. having duly heard the evidence adduced and argu- ments urged by the said G. F. as well as the testimony of the said L. M. do find, that the said G. F. is guilty, in manner and form, as by said L. M. is above alledged, whereupon it is considered, that the said G. F. pay a fine of three dollars and thirty-four cents, to the use of the treasury of the said town of S. together with the cost of this prosecution, taxed at dollars and cents, and that he stand committed until judgment be satisfied. J. B. Justice of tiie peace. COMPLAINT BY INFORMING OFFICER. To J. B. Esquire, one of the justices of the peace for rounty, comes J. D. a Grand juror, (or Consta- 104 JUSTICE OF THE PEACE. Crimes againsi God arid iveli^ioa. ble, or Tithing-man, as the case maybe,} and complains, that on the day of A. D. it being the Lord's day, while there was light of the sun sufficient to discern the countenance of a man, A. B. C. and D. all of S. regardless of their duty to re- member the sabbath day to keep it holy, did convene in a pub- lic street in said S. and then and there play at quoits, a species of game for diversion, (or any other game, recreation, or business,} against the peace, and contrary to the form of the stat- ute of this state, in such case made and provided. Dated at this day of A. D. J. D. Grand Juror. The warrant for arrest, Record, and warrant of distress, th* same, mutatis mutandis, as all other cases where ajine and cost are only inflicted. It will be remembered, that for drunkenness, profane swearing, or cursing, and sabbath breaking, the process may be commen- ded either on the view of the justice, or by arrest, and return made, ex-officio, by a constable, and in case of sabbath breaking, by a titbing-man, or complaint by informing officer, and a war- rant issued on such complaint. The various forms, already giv- en in this work, are believed sufficient to enable the justice to proceed without difficulty, in either of the cases above mention- ed JUSTICE OF THE PEACE. 105 CHAPTER XVII. GAMING. COMPLAINT AGAINST A GAMESTER. To J. B. Esquire, one of the justices of the peace for F. county, comes J. D. a grand juror of S. in said county, and complains that on the night next following the day of A. D. G. F. of said S. did at S. aforesaid, wickedly play at cards with divers others to the said J. D. unknown, against the peace, and contrary to the fonn of the statute, in such case made and pro- vided. Dated at this day of A. D. J. D. Grand Juror. COMPLAINT AGAINST THE HEAD OF A FAMILY. For permitting Cards to be played in his house. , and complains, that on the night next following the Jay of A. D. at in said county, in the dwelling house of G. F. of said the head of a family, living in the same house, divers persons to the said J. D. un- known, did with the privity and consent of the said G. F. play at cards, against the peace, &c. AGAINST A MAN FOR SELLING PLAYING CARDS. , complains, that on the day of A. D. G. F. of at aforesaid, did sell a pack of playing cards to some person, to the said J. D. unknown, against the peace, &c. FOR KEEPING PLAYING CARDS FOR SALE. , had in his possession, for sale, a pack of playing cards, against the peace, 4-c. lot JUSTICE OF THE PEACE. Gaming. AGAINST A TAVERN KEEPER, FOR KEEPING PLAYING CARDS IN OR ABOUT HIS HOUSE, 4>c. ToJ B. Esquire, &c. J D. Grand juror, &c. complains, that on the day of A. D. G. F. of S. a taverner and inkeeper in said S. in his dwelling house, then used and occupied by him for the keeping of a tavern in S. aforesaid, did keep a pack of playing cards which were there used in gaming, by persons resorting to said dwelling house, so used and occupied #.s a tavern, (or did suffer persons resorting to his house to play at cards .therein,) against the peace, and contrary to the form of the statute, in such case made and provided. Dated at this day of A. D. J* D. Grand Juror. The complaints foregoing are all determinable by a justice of the penee, on which he may render final judgment. Those which follow are cognizable by the County Court only. AGAINST A PERSON FOR KEEPING A BILLIARD TABLE. , J. D. a grand juror of said S. complains, that on the day of A. D. G. F. ofS. aforesaid, had and kept in his custody and posiession, in his dwelling house, atS. a billiard table, (or . O. table, as the case maybe,) against the peace and contrary to the form of the stat- ute, in such case made and provided* Dated, &c. AGAINST A PERSON FOR OWNING AN E. O. TABLE, &c. . } complains, that on the day of A. D. G. F. of at aforesaid, owned an E. O. table, [or a bil Hard table,) (or a faro bank,) against the peace, &c. }f the delinquent owned only a part of such table, or bank, after the word aforesaid, say, was part owner of an E. O. (or billard) table, (or a faro bank,) against the peace, fa. JUSTICE OF THE PEACE. 10? AGAINST A PERSON WHO HAS WON, OR LOST, AT A GAME OF HAZ&ARD. , complains, that on the tlay/'Of A D. G. F. ofS. aforesaid, at said S. by betting 01* a game at cards, then and there played, woe, (or lost} the sum of dollars, (era horfee,of the value of dollars,, or, otker thing as the cast may Ae,) against the peace, A majority of the selectmen of S. OATH. . F. county, ss. S. on this day of A; D. A. B. and C. a majority of the selectmen of said S. made solemn oath, to the truth of the above complaint,, by them sub- scribed, before us. J. B. S Two Justices of the. L. L. t Peace. 108 JUSTICE OF THE PEACE. WARRANT. To the sheriff of the county of F, his deputy, or either of the constables of the town ofS. within said county, Greeting : Whereas the foregoing information has been by A, B, and C a majority of the selectmen of the town of b. aforesaid, to us the subscribing justices of the peace, made. These are, there - ' fore, by authority of the State of Connecticut, to require you, taking with you proper assistance, to enter into the dwelling house of G. F. of said S. situated therein, and being so entered, then and there to search for an E. O. (or billard) table, belived by said selectmen to be therein kept and conceal- ed ; and on finding the same, to seize and -brin^ away, and of your doings therein due return to us make. Hereof fail not. Dated at this day of A. D. J. B. \ Two Justices of the' L. L. $ Peui-e. OFFICER'S RETURN F. county, ss. S. on the day of by virtue of this warrant tome directed, I took with me, D. and C. K. both ofS. aforesaid, and entered into the dwelling house of G. F. ' in said S. and then, and there made search for rui E. O. (or billard) table, therein said to be kept and conceal- ed, when and where, 1 found and seized, and brought away the same ; and now have it in my custody before J. B. and T,. L. Esquires, as within required. M. N. ' Constable. RECORD. F. county, ss. S. Be it remembered, that on the day of A. D. is brought before us, J. B. and L. L. Esquires, two justices of the peace for F. county, at in said coun- ty, an E. O. table, taken by virtue of a warrant,' by us the said two justices issued, on information to us by A. B. and C. a ma- jority of the selectmen of said town of S. made, that they had just cause to suspect, and did suspect, that there was kept and concealed in the dwelling house ofG. F. of S. JUSTICE OF THE PEACE. 109 Gamine. aforesaid, in S. an E. O. (or billiard) table, directed to the sheriff of the county of v . his deputy, or either constable of the town of S. him requiring with proper assistance, to en- ter into said dwelling house, and then arid there to seach for such table, and having found the same, the same to bring away ; and make ruturn to us of his doings tliereon. And M. N. a constable of said S. to which said warrant was directed for service, having made return to u.s that he has, in pursuance of the same, made search for, found, seized, and brought awaj the same table, and now has it before us. It is therefore by us, the said t-.vo justices, considered, that a warrant issue to the said constable M. N. to destroy the same E. O. table, or cause it to be destroyed. T "P i J T-soo Justices of the Peace. L- L- $ J WARRANT OF EXECUTION. To M. N. a constable of S. in the county of F. . Greeting : By authority of the State of Connecticut, you are hereby com- manded forthwith to destroy an E. O. table, now in your cus- tody, taken from the dwelling house of G. F. in S. aforesaid, by you, in pursuant^ of our warrant for that purpose, to you directed. Hereof fail not, and due return to us make. Datod at this day of A. D. T T) } > T~Ji'o Justices of the Peace. L. 110 JUSTICE OF THE PEACE. ^ P. nun . CHAPTER XVJII. PERJURY. J/ERJURY, is a crime committed, when a lawful oath is administered in some judicial proceeding, to a person who swears wilfully, absolutely, and falsely, in a matter material to the issue or point in question. This is wilful, corrupt perjury,(a) and may be committed in giving a deposition, to be used on the trial of any case pending in a court of record, wherein depositions are admissible evidence, as well as upon examination in open court. (6) The perjury must be corrupt, committed with evil intention, and wicked mind, not by surprise or mistake. (c) Subornation of perjury, is the offence of procuring another to take such false oath as constitutes perjury, in the principal. (d) The cognizance of perjury and the subornation thereof, belong *?sHfv the truth, the 112 JUSTICE OF THE PEACE. Perjury. whole truth, and nothing but the truth ; all which conduct of the said G. F. is against the peace, and contrary to the stat- ute, in such case made and provided. Dated at this day of A. D. J. D. Grand Juror. The form of warrant of arrest, record of enquiry, recogni- zance, and mittimus, are the same in the two preceding com- plaints, mutatis mutandis, as'in the case of theft, above the value of thirty dollars. JUSTICE OF THE PEACE. li:> Apostncy. CHAPTER XIX. COMPLAINT FOR A POST AC Y. ToJ. B. Esquire, one of the Justices of the Peace fov F. county, comes J. D. a grand juror of S. in said county, and complains, that E. U. of said S. having been educated in the Christian religion, (and made pro. fession of the Christian religion,) fas the case may be,) did, on the day of A. D. at said S. utter, and with an audible voice, and an impious intent, declare, in hearing ot divers Christian people, dwelling in said S. these atheisti- cal and infidel words following, to wit. Jesus Christ (meaning the second person in the holy trinity') is not God ; (or the bible, meaning the holy scriptures of the old and new testaments, is a pack of lies, a bundle of priestcraft, conjured up to deceive the common people; ) against the peace, and contrary to the form of the statute, in such case made and provided. Dated at this day of A. D. J. D. Grandjuror. COMPLAINT FOR BLASPHEMY. To J. B. Esquire, one of the Justices of the Peace for F. county, comes J. D. a grand juror of S. in said county, and complains, that E. U. of said S. on the day of A. D. at S. aforesaid, did wilful- fully blaspheme the Son of God by denying him in the words following, to wit : There never -was such a person as Jesus Christ. Mary, (meaning the blessed virgin Mary, the mother of our Lord Jesus Christ,) might have a bastard, called Jesus, but he was no more God, than any strumpeCs bastard; against the peace, and contrary to the form of the statute, in such case made and provided. Dated at this day of A. D. J. D. Grandjuror, H4 JUSTICE OF THE PEACE, Apostacy. The Superior Court alone has cognizance of apostacy and blas- phemy. The form of the record of enquiry, recognizance, and mittimus, are the same, mutatis mutandis, with those in the case of burglary. The boldness with which the above mentioned crimes are, in these days, committed, and the frequency of apostacy, ought to prompt not only informing officers to vigilance in enquiry ; but magistrates, and all other citizens, who believe in the great doc- trines of the Christian religion, to unite for the extinction of so malignant a crime from amongst us. The penalties of the law are mild, in comparison with the offences, but would undoubted- ly prove sufficient, if carefully inflicted. JUSTICE OF THE PEACE. 11 & Rint. CHAPTER XX. RIOT. COMPLAINT. ToJ. B. Esquire, one of the Justices of the Peace Tor the county of F. comes J. D. a grand juror ot in said county, and complains, that on the day oi A. D. A. B. C. and D^ all of said b. with others, to the said J. D. unknown, to the number of twelve, or more, with force and arms, unlawfully, riotously, routou?ly and tumul- tuously, did assemble together at in said S. to disturb the peace of this state. And being so assembled together, with force and arms, as aforesaid, unlawfully, riotously, routous- ly, and turnultuously, did (/iere state the particular acts and mis- chief done by the rioters} against the peace, and contrary to tho form ot the statute, in such case made and provided. Dated at this day of A. D. J. D. Grand juror. RECORD, Of proceedings, in case of riot, where the rioters were arrested by two justices, assisted by the selectmen and constables of the ton-n. after proclamation made. F. county, ss. S. Be it rertembered, that on the day of A. D. A. B C. and D. all ofS. in said county, are before us J. B. and L. L. Esquires, two justices of the peace foi said county of F. at S. aforesaid, having been ap- prehended by us, the said justices of the peace, with the assist- ance of the selectmen and constables of said S. at our request made, and now in custody of the said constables, for that the said A. B. C. and D. with others unknown to us, the said justices, to the number r.f thirty, or more, on this day of A. D. at in said S. with force and arms, unlawfully, riotous ly, routously, and tumultuotisly did assemble, to pull down, Justices of the Peace, COMPLAINT. yOR REFUSING TO ASSIST A SHERIFF OR COJYSTJ1, BLE IW THE COX SERF ATIOX OF THE PEACE. ToJ. B. Esquire, one of the justices of the peace, for F. county, comes J. D. a grand juror of S. in said county, and complains, that on the day of A. D. there was at S. aforesaid, an unlawful assembly of divers persons, unknown to the said J. D. riotously, rout- ously, and tumultuously assembled together, for the purpose of assaulting, beating, abusing, and tarring and feathing R. R. of said S. and that E. V. sheriff of ?aid county of JUSTICE OF THE PEACE. 119 Hiot. F. (orJ. T. a constable of said S. ) then and there being, commanded the keeping of the peace, and in the name of the State of Connecticut, commanded the persons so as aforesaid unlawfully assembled for the purpose aforesaid, to dis- perse themselves, and depart to their respective habitations, or to their lawful business ; and that the said persons so unlawfully assembled as aforesaid, for the purpose aforesaid, notwithstand- ing the command of said sheriff, as aforesaid, and regardless of the same, they, the said persons, then and there continued to- gether, and were proceed ing in the riotous, routous, and tumul- tuous assault, and abuse of the said R. R. as aforesaid, when and where the said sheriff commanded one G. F. a pei-son of age, and ability, with many others then and there convened, to assist him, the said sheriff, in arresting th> persons so unlawfully, riotously, routously, and tumuituously assembled, and continued together for the purpose aforesaid, and that the said G. F. then and there wholly refused and neglected to assist the said sheriff, as by him commanded, as asforesaid, against the peace, and contrary to the form of the statute, in such* case made and provided. Patt-d at this day of A. D. J. D. ;\urdered by a penu.:* known, after stating Tiotr, when, where, and by what means, wiik yhat instrument he was killed, the iiirjuisitionmust conclude thus}. And the jurors aforesaid, upon their oaths aforesaid, du say, tha^ the said G. F. in manner and form aforesaid, him the said J. D. then and there of his malice aforethought, with force rnd stronghand, did kill and murder, against the peace, and contrary to the laws of the state, in such case made and provided. In witness whereof the said jurors have hereunto respectively set their hands the day and year above said. U M. :;. o. &c. J . B . / ; ! ) Ibid. 6?. (c) Ibid. 10?. JUSTICE OF THE PEACL. Civil Jurisdiction. find that he is not in arrear, and award him his cost. To ^ive jurisdiction to a particular justice of the peace, in civil actions, one of the parties must be a resident in the town wherein he dwells; if either be a resident in the state at the commmeDce- ment of the action. If neither resides in the state, the ^fKion must be brought before a justice in the town wherein either the iofendant or his property, is attached: JUSTICE OF THE PEACE. 129 Book Debt. CHAPTER 1. SECT. I. ACTIONS O./V CONTRACTS. Form of writ and declaration, where Executor sues. To the sheriff of the county of F. his deputy., or either oi the constables of the town ofS. within said county, Greeting : By authority of the State of Connecticut, you are hereby commanded to summon J. D. of said S. to appear before J. B. Esquire, a justice of the peace for F. county, oh the day of A. t). at o'clock, in tht- noon at his dwelling house, in said S. then and there, to answer unto R. R. of Executor of the last will and testament of L. M. late of deceased, and in that Behalf sues, in a Plea, that to the plaintiff the defendant render the sum of which to the said L. M. while living* and at the time of his death, the defendant justly owed to him by book, to balance book accounts, which by the book of the said L. M. ready in court to be produced appears j and which debt has never been paid either to the said L. M. in his life-time, or to the plantiff since the death of the said L. M. but by the deferident is still unjustly withheld and detained, (though often requested and demanded) to the damage of the plantiff, as executor aforesaid, the sum of dollars; and to recover the same, and cost, the plaintiff brings this suit, liereoffail not, and of this writ and your doings thereon, make- due return. Dated at this day of A. D. The state duty of seventeen cents is paid hereon. J. B. Justice of the PebC /''or return, .tfp. form in Complete Constablt-. 17 JUSTICE OF THE PEACE. Book Debt. PLEA. county, ss. On this day of A. D. the defendant comes into court and defends, pleads, and says, that he did not owe the said L. M. ivhU. in the county of F. . before me, J. B. Esquire, one of the justices of the peace for said county, C, & D, of only surviving partners of the late firm of C. D, & E, late merchant JUSTICE OF THE PEACE. Account. in company, trading and merchandizing, under the name and firm of C, D, &. Co. at against. A. only surviving partner of the late firm of A, &B, late merchants in com- pany, trading and merchandizing under the name and firm oi A, & Co. at iu said county, in an action of account,, for that on or about the day of A. D. the said A, & Co. were owners of the sloop M - , of under the care of one L. M. as master thereof, by the said A, & Co. to that station appointed, and which said sloop M - , was then and there by the said A, & Co. kept, used, and employed as a packet, for the purpose of transporting passengers and goods from said to and back again to aforesaid, constantly and regularly plying between said and said for the purpose and in the use and employment afore- said, for the sole benefit and profit of the said A, & Co. And that on the day of A. D. at aforesaid, the said C, D, &, Co. did put on board of the said sloop, and de- liver into the care of the said L. M. as master of said sloop, one hundred dozen of good hen's eggs, to be transported to and there sold to the best advantage ; which eggs were then and there received by the said A, & Co. in manner afore- said, to be by them sold, and their reasonable account thereof to render unto the said C. D. & Co. when requested. And that according to the course of business as carried on by the said A, &L Co. in their said vessel, the master thereof acted as merchant, and factor, in selling all articles for that purpose, sent in said vessel, from said to aforesaid ; the said A. & Co. receiving the profits of freight, together with a commission of per cent on the articles so sold by the master, for the time being, of their said vessel. And that the said A. & Co. did not, nor did cither of them, during the lifetime of said B. nor hath the said A. since the death of said B. ever made any return, or render- ed any account to the said C. D. & Co. during the life time of said E. nor to the plaintiffs since the said E.s' death, of the said one dundred dozen of eggs, or any part thereof, though ol ten requested and demanded, to the plaintiffs damage fifteen dol- lars ; wherefore the plaintiffs bring this suit, and demand of the defendant his reasonable account, as aforesaid, tocrrthfr with JUSTICE OF THE PEACE Account. said damages and cost:;, and the defendant comes and defends, pleads, and says, that the sard A. &, B. never were bailiffs of the said C. D. fc E. nor receivers of their monies, goods, and chat- tels, in ir.inner and form, as is in their declaration allcdgcd, ant*. therof puts himself on trial : and the plaintiffs likewise. Having fully heard the evidence adduced, and the arguments urged by the parties, I the said justice B. do find that the said A. 4* B. were bailiffs to the said C. D. fc K. and receiv- ers of their monies, goods, and chattels, in manner snd form. as in said declaration is alledged, whereupon it is considered by this court that the defendant ren.Ier his reasonable account. as demanded in said declaration. And having examined and adjusted the accounts between the parties, I the said justice B. do further find that the defendant, as surviving partner as afore- said, is in arrearto the plaintiffs as surviving partners as afore- said, in the sum of dollars and cents. Whereupon it is further considered by this court, that the plaintiffs recover of the defendant the sum of damages, together with their costs. taxed at and llut execution issue therefor accordingly. From which judgment the defendant moves an appeal to the C, C. to be holden on the Tuesday of A. D. at in said county, and with R. R. of his surety, recognizes to the plaintiffs in the sum of to prosecute his ap- peal to effect, and answer all damages to them, if he rn^e no- his plea good, and pays fifty cents duty on said appeal wmfch a^ peal is allowed. J. B, Justice of the Peace. FORM OF RECOGNIZANCE ON APPEAL. F. County ss. S. Be it remembered, that on the day of A. D. ar in said county, personally came before me, J. B. Esquire. one of the justices of the peace, in and for said county of F. A. of and H. R. of and acknowledged themselves U be jointly and severally indebted, bound, and obliged, unto C. 4- D. both of in the sum of dollars, to be made am. levied of the goods, chattels, and lands, of them and either ol them/and for want thereof upon their bodies, and either of them to the use of the said C. & D. if the said A. perform no the condtun following, viz. JUSTICE OF THE PEACE. 13? Assumpsit on Note, &c. The condition of this recognizance is such, that whereas thj3 said C. &, D. this day recovered judgment before rne, J. B. Esquire, justice of the peace, as aforesaid, against the ?aid A. for the sum of damages, and cost taxed at dollars, and cents from which said judgment the said A. moved an appeal to the County Court, to be held on the Tuesdayof A. D. at in and for said county of Now if the defendant do enter his appeal at said County Court, and prosecute the same to effect, and do answer all dam- ages to the plaintiffs, in case he make not his plea good, then this recognizance is void, otherwise to remain in full force ajid virtue. J. P. Justice of the Peace. SECT. III. ASSUMPSIT. On note, surviving promisee, plaintiff \ against surviving pro, misor defendant, by foreign attachment, To the sheriff, Lc. Greeting : By authority of the Slatu of Connecticut, you are hereby commanded to attach the goods or estate of A. late of in the countv of now absent and absconded to parts unknown, beyond the limits of this slate, to the value of dollars, and for v, ant thereof, to take his body, (if he be found within voiir precincts) and him have to appear before J. B. Esquire, one of the justices of the peace, for F. county, at his dwelling house in in said county, on the day of A. D. at o'clock in the noon, then and there to answer unto C. of said in a plea of the case, whereupon the plaintiff declares, and says, that the defendant jonlly, and with one B. late of said now deceased, in and by their certain writing or note, under their hands by them well executed, dated the day of A- D- promised the plaintiff and one D. Jate of now deceased, to pay to them, for value received, the sum of dollar? -ind cents, with interest thereon, on demand, (or othc.m-isz. -is the case mat/ be~) as by said writing or note ready in court to be shown appears. And the plaintiff further says, that the pro- mise of the said A. and B. notwithstanding, they did not. 140 JUSTICE OF THE PEACE. Aesiimpsit on Note << c. nor did either of them ever pay said note, to the said C. and D. nor to either of them, though often requested and demanded, to the damage of the plaintiff the sum of dollars, for which, with just cost, he brings suit. Hereof fail not, and due return make. Dated at this day of A. D. The state duty of seventeen cents, is paid hereon, and J. , D. of recognized in the sum of dollars, for prosecu- tion, &.c. before me. You are also hereby commanded to leave a true and attested copy of this writ, with L M. of in said county, who is attorney, agent, factor, trustee, and debtor to the defendant, or absent and absconding debtor, as aforesaid : and alike true and attested copy of said writ, at the usual place of I abode of the said L. M. in said at least fourteen days before the day of A. D. J. B. Justice of the Peace. ON NOTE GIVEN BY MERCHANTS IN COMPA'N\\ TO MERCHANTS IN COMPANY, By Attachment. To the sheriff, &c. Greeting : . * By authority of the State of Connecticut, you are hereby com- manded to attach the goods or estate of A, & B, merchants in company, trading and merchandizing under the name and firm of A, & Co. or of either of them, to the value of dollars, and for want thereof, to take their bodies, and them have to appear before J. B. Esquire, one of the justices of the peace for F. county, on the day of A. D. at o'clock in the noon, at his dwelling house in within said county, then and there to answer unto C, D, &. E, all of in said county, merchants in company, trading and merchandizing un- der the name and firm of C, D, &- Co. in a plea of the case where- upon the plaintiffs declare and say that the defendants by the name of A, & Co. in and by a certain writing or note, under their hand by them well executed, dated the day of A. D. promised the plaintiffs by the name ofC, D, &,Co. to pay to them, for vnlue received, the sum of with interest thereon, six months from date, as by said writing, or note, ready in court to be shown appears; (the residue in common form.) JUSTICE OF THE PEACE. 141 Assumpsit on Note, i-c. HUSBAND AND WIFE AGAINST HUSBAND AND WIFE, On note given by feme defendant, rvhile sole, to feme plaintiff, while sole. Attach the goods or estate of J. D. andC. D. his wile, both of in said county, to the value of, &c. t answer unto E. F. and B. F. his wife, both of in a, &c. Whereupon the plaintiffs declare and say, that the said C. D. before her intermarriage with the said J. D. and while single, by the name of C. N. in and by a certain writing or note, under her hand, by her well executed, dated the day of A. D. promjs- ed the said B. F. before her intermarriage with the said E. F. and while single, by the name of B. L. to pay to her, for value received, the sum of &c. And the plaintiffs further say, that the said B. F. her promise aforesaid not regarding, never did, while single, and be- fore her intermarriage with the said E. F. perform the same, nor hath cither of them performed said promise, since their intermarriage, though often requested ; to the damage of the plaintiffs, &c. In an action on a note, payable in any articles whatsoever, the plaintiff" must aver, that he -was at all times ready, at the place where the articles were to be delivered, to receive them. Thus. And the plaintiff further says, that the defendant his promise aforesaid not regarding, hath never performed the same, though often requested and demanded, and though the plaintiff hath been at all times ready at said to receive said (here name the articles) to the damage, &c. 142 JUSTICE OF THE PEACE. Ass':mpsit Ind. Ass. on Due Bill. SECT. IV. WRIT AND DECLARATION, BY ONE TOWN A- GAINST ANOTHER, FOR SUPPORTING A PAU- PER. To the Sheriff, &c. Greeting : Summon A. B. a principal inhabitant, and the rest of the inhabitants of the town of S. aforesaid, 1o appear be- fore J. B. Esquire, one of the justices of the peace for said county, on the day of A. D. at o'clock in the noon, at his dwelling house in M. in said coun- ty, then and there to answer unto R. Pt. a principal in- habitant, and the rest of the inhabitants of the town of D. in said county, in a plea of the case wherein the plaintiffs de- clare and say, that whereas on the day of A. D. the defendants were at said D. indebted to the plaintiffs in the sum of dollars, for so much money before that time at the special instance and request of the defendants, paid, laid out, and expended, in the support of one G. F. a pauper of said S. who then and there was wholly unable to provide for,, and support himself, and was wholly destitute of property, and of- all which the defendants at said on the day of had notice, and thereupon became liable ; and in consideration thereof, afterwards, to wit, on the same day and year last afore- said, undertook, and to the plaintiffs faithfully promised to pay to them the said sum of dollars, whenever they, the de- fendants, should be afterwards thereto requested. Yet the de- fendants, their promise aforesaid not regarding, have never per- formed the same, though often requested and demanded ; and especially on the day of A. D. at said S. but slill unjustly neglect and refuse to do it to the plaintiffs damage, &c. NOTE. The above form of action is believed to be peculiar to New-England. Corporations are said to be aggregate and sole. They may also be distinguished by personal, and real, as well as ecclesiastical, and civil. The New-England towns and par- ishes, ecclesiastical and school societies, and districts, are pro-. JUSTICE OF THE PEACE. 143 Assumpsit Ind. Ass. on Due Bi'l. perly real corporations. Corporations, such as banking and turn- pike companies, &c. are personal ; the latter must always sue and be sued by their corporate name, and the company proper- ty is alone liable to execution for the debts of the corporation. Not so in the case of actions against those real corporations, such as towns, parishes, &c. In them, the individual members of the corporations, sue and are sued ; and the private property ct" each, is liable to be taken, to satisfy an execution against the community. Herein (hey resemble voluntary copartnerships. Real corporations, unlike to personal, cannot dissolve themselves. by non user of corporate powers, so as to loose their corporate existence, and thereby be discharged from corporation debts, which banking or other personal corporations can do. Thera is another important difference between thosa real and personal corporations ; there may be members of the former who posses* not the value of a cent of estate, within the limits of the corpo- ration, and are yet members by mere inhabiting within those- limits, and subject to the corporation debts ; while the mem- bers of personal corporations are never personally liable for the debts of the corporation. Deprived of their rights, in the cor- porate property, they are no longer members of the corporation. In the ODS case it is in fact the lands which an: incorporated, and in the other, the person or estate of the members, vested in tb*. common company stock, or supposed to be so. WRIT AND DECLARATION ON DUE BILL. To the sheriff, &c. Greeting: By authority of, &.c. summon A. of &c. to appear, Sec. to answer unto B. of &.c. in a plea of the case, whereupon the plaintiff declares and says, that on the da\ of A. D. at the defendant was indebted to thi plaintiff in the sum of and then and there made, executed, and delivered to the plaintiff, a certain writing, or due bill, r>. the tcnour following to wit, Due C. dollar ,s and cents, May 10, 1816. And that by reason of the premises, the defendant became liable, then and there to pay to the plaintif," the said sum of and in consideration thereof, afterwards, tr \vit. on the sam^ d;tv of A. D. at said UP 141 JUSTICE OF THE PEACE. Assumpsit lud. Ass. on Due Bill. dertook, and faithfully promised the plaintiff, to pay to him the said sum of whenever the defendant should be afterwards thereunto requested ; yet the defendant, his promise aforesaid not regarding, has never performed the same, though often re- quested and demanded ; to the damage of the plaintiff the sum of dollars, to recover which, and cost, this suit is brought. Hereof fail not, &fc. Dated, &c. State duty, &tc. J. B. Justice of the Peace. RECORD. F. county, ss. S. At a court held on the day of A. D. at in county, before me, J. B. Esquire, one of the jus- tices of the peace for said county. C. of against A of in an action of assumpsit, for that on the day of A. D. at the defendant was indebted to the plaintiff, in the sum of and then and there made, executed, and delivered to the plaintiff, a certain writing, or due bill, in the tenour following, to wit : Due C. dollars, and cents. May ]Qth, 1816. And that by reason of the premises, the defendant became liable, then and there, to pay the plain- tiff the said sum of and in consideration thereof, after- wards, to wit. on the same day of A. D. under- took, and to the plaintiff faithfully promised, to pay to him the said sum of whenever he should be afterwards thereto re- quested ; yet the defendant, his promise aforesaid not regard- ing, never performed the same, though often requested and de- manded, to the damage of the plaintiff the sum of And the defendant in court, defends, pleads, and says, that he never undertook and promised, in manner and form, as is in the plaintiff's declaration alledged, and thereof puts himself on trial ; and the plaintiff likewise. Having fully heafd the evidence adduced, and the arguments urged by the parties, I the said justice B. do find, that the defendant did not undertake and pro- mise, in manner and form, as in the plaintiff's declaration is al- ledged ; whereupon it is considered by the court, that the de- fendant recover his cost of the plaintiff, taxed at dollars, r\nd cents, and that execution issue therefor accordingly. /. B. Justice of the P . Acceptor. ! ORDERS. PAYEE JIGJUNST ACCEPTOR. O,V J.V ORDER ACCEPTED, la a plea of the case whereupon the plaintiiT declares and jays, that on the .day of A. D. ope II. 11. drew his order in writing, under his hand of that date, directed to the defendant, therein a*id thereby requesting him to pay to the plaintiff, or his order, the sum of on demand, for value re- ceived* of the plain-tiff, by the said R. R. and to charge the same to the said R. II. 's account, and that tin- plain- tiff afterwards, to wit, on the same day presented the said order to the defendant for his acceptance, who thcn-and there accept ed the .same, whereby he became liable, and in consideration thereof, afterwards, to wit, on the same day undertook, and to the plaintiff faithfully promised, that he the defendant would -,v:il and truly pay to the plaintiff the same sum, contained in said order, when thereunto afterwards requested. Yet the de- fendant, his promise aforesaid not regarding, hath never perform- ed the same, though often requested and demanded, to the plain tiif's damage the sum of &cc. AGALVST DRAWER 0,V ORDER KOT ACCEPTED, Whereupon the plaintiff declares, and says, that on the day of A. I). the defendant, for value received of the plaintiff, drew his order in writing, under hi$ hand of that date, directed to one R. R. therein and thereby requesting the -aid IJ. - R.. to pay to the plaintiff, or his order, the sum of on demand, and to charge the same to account of the defendant, and that the plaintiff on the day of A. D. at presented the said order to the ?aid R. R. for his accept- ance and payment, which the said R. R. then and there refused to do, of uhich the defendant aftmvard:, to wit, on the * To rcrnler an order of any vfilue, .o as to maintain ;m notion upon it, if rwv** 1 i' N HKT-'!V :i iH'f-r ofi 3 48 JUSTICE OF THE PEACE. Assumpsit on Indorsed Notes. Assignee vs. Assignor, oiler suit, as duly served upon his body, by attaching the same. And that on the day of A. D. aforesaid, the plain- tiff appeared before said justice B. to prosecute said suit, and the said R. R. being three times called, made de- fault of appearance : whereupon by the consideration of said jus- tice B. the plaintiff recovered a judgment for the sum of damages, and the sum of cost of suit, whereon he lookout execution for the collection of said sums, and seventeen cents more for said execution, in due form of law, dated the same day of A. D. and signed by the said justice B. and the said execution on that same day of caused to b* put into the hands of a constable, of said >vho on the day of A. D. for want of goods, or estate, of the said R. R. by him shown to the said constable, whereon tc levy and satisfy said execution, took the body of the said R. R. and him committed to the keeper of the gaol in F. in said county, within the prison, and charged his, the said con stable's, fees, at $ And that afterwards, to wit, on the Jay of A. D. the said R. R. was, at his re- quest, by . Escjuire, a justice of the peace for said county, duly admitted to the privilege of the oath, by law provided, for the relief of poor prisoners, which was then and there, by the justice iast mentioned, administered to him the said R. R. And that the said judgment hath not, in any other way been paid, or satisfied. And that by reason of the premises, the defendant be- came liable, and in consideration thereof, afterwards, to wit, OR the day of A. D. at aforesaid, undertook, and to the plaintiff faithfully promised, to pny to him the plaintiff, the said several sums, contained in said execution, and constable's fees, amounting to the sum of when he should be afterwards thereunto requested, yet the plaintiff says, that the defendant, his undertaking and promise aforesaid not regarding, hath never per- formed the same, though often requested and demanded, to the damage of the plaintiff, the sum of &9 450 JUSTICE OF THE PEACE. Assumpsit, Assignee, vs. Assignor wi.hout suit. ASSIGNEE AGAINST ASSIGNOR, BECAUSE OF IN- SOLVENCY, WITHOUT SUIT AGAINST HIM. Whereupon the plaintiff declares and says, that on the day of A. D. one R, R. made his note in writing, commonly called a promissory note, bearing date the same day and year, wherein, and whereby, he promised to pay to the defendant, for value received, by the said R. R. of him the defendant, the sum of with interest thereon, at or be- fore the day of then next ensuing, but long since past, and that afterwards, to wit, on the day of A. D. the defendant by his endorsement in writing thereon, for value received of the plaintiff, ordered the contents of said note then unpaid to be paid the plaintiff, according to the tenour thereof. And that after the said no.te became due and payable, to wit ; . on the day of A. D, the plaintiff at presented the said note, with said endorsement thereon, to th5 said R. R. and requested payment thereof, who then and there neglected, and refused, to pay the same. And the plaintiff avers, that the said R. R. then and there was insolvent, and wholly un- aWe lo pay the contents of said note, and had not any goods or estate, which could have been attached to secure the same, and that by reason of the premises the defendant became liable and in consideration thereof, afterwards, to wit, on the day of A. D. at undertook and 1o the plaintiff faithfully prom- ed to pay to him the contents of said note, whenever thereto re- quested. &.C. N. B. If the promisor had absconded or gone out of the state, before the note became due, after the word avers, say, that the said R. R. before the said note became due and payable had ab- sconded out of this state, to parts unknown to the plaintiff, and had, and hath no property to be found therein whereby said note can be satisfied. And that by reason of the premises, the defendr ant became liable, &c. JUSTICE OF THE PEACE 1QI Debt. Declaration on Due Bill. For Rent. SECT. VII. DEBT. DECLARATION IN DEBT ON DUE BILL. To answer unto the plaintiff, in a plea that to the plaintiff, the defendant render the sum of fifteen dollars, which to the plain- tiff the defendant justly owes, and from him unjustly detains ; For that the plaintiff declares and says, that on the day of A. D. at aforesaid, the defendant made, executed, and delivered to the plaintiff, a certain writing, or due bill, signed with his hand, and sealed with his seal, bearing date on the same day of A. D. in and by which said writing, or due bil], the defendant acknowledged himself to owe, and be indebted to the plaintiff, in the sum of fifteen dollars, to be paid to him, the plaintiff, whenever demanded, as by said writing, or due bill, ready in court to be produced, appears ; and which debt hath never been paid, though often requested and demanded : to the d be plaintiff, (he sum of dollar?. &c. DEBT FOR RENT. In a plea, u;~.l to the plaintiff, the defendant, &,c.--~ For tha lie plaintiff decinres and says, that on the day of A. I), at aforesaid, the plaintiff did demise and to form !c* unto the defendant a certain messuage, situate in and bounded on, (&ic.) with the appurtenances thereof, to hold UK. sami: from the said day of A. D. tor and during d with his hand, and sealed with his seal, and here in court to be produced, acknowledged himself to be held and firmly bound, and obliged to the plaintiff, in the just sum of dol lars, to be paid to the plaintiff whenever requested : yet though often requested, the defendant has not paid the same, but unjustly detains it, to the damage of the plaintiff, &c. OA" JUDGMENT. For that the plaintiff, on the day of A* D. at a court, "aolden before J. B. Esquire, one of the justices of the peace, for the county of F. by the consideration of said justice, recovered judgment against the defendant for the sum of * dollars and cents, debt or damage j and the sum of cost, and charges of suit, as by the record thereof here ready in court to be produced appears, which judgment is. in full force altogether unsatisfied and unrecovered ; whereby an action hath accrued to the plaintiff to demand, have, and re- cover, of the defendant the ?aid several sums aforesaid, together with cents more for the execution which issued on said judgment, and interest on the whole. Yet though often request- fed, the defendant hath not paid the said several sums aforesaid, noreither of them, nor interest ; but refuses and detains them, to the damage, foe. (XV AWARD. For that whereas before the day of A. t). at aforesaid, certain differences and controversies were had and sub sisted between the plaintiff and defendant, concerning diver? dealings, matters, and things between them, for the putting an end to, and making a final termination of said difference? and con- troversies, they, the plaintiffand defendant, on the same day and JUSTICE OF THE PEACE. 163 Debt, on Rccocr:iiz:incc for Cost. year last aforesaid, at said mutually chose A, B, &, C, to hear :it:d finally determine all Said differences and controversies:, and their award thereon to make and publish before the day 01 A. D. And the said A. I>. and C. having taken upon themselves the burden, of hearing, adjudging, and awarding, it. the premises, afterwards, to wit, on Ilia day uf A. D. made and published their award upon all the matters so submitted to them, and did then adjudge, order, and award, that to put a final end and termination to ail controversies and differences sub sisting between the said partieb, that the defendant should pay to the plaintiff the sum of dollars ; yet the defendant hath never paid said sum ot dollars, to the plaintiff though a rea- sonable time hath long since elapsed, and though often requested .-.id demanded ; but hath hitherto neglected and refused, and .-till doth neglect arid refuse to do it, to the plaintiff's damage, ihe sum of dollars. DEBT OX RECOQN1ZJIXCE, FOR COST. For that R. K. of brought his action of Book debt, (')r any other, at the case 'may be,} agains't the plaintiff, by Miit returnable before J. 13. Es<;uiro, one of the justices r.-f the peace for F. county, at in said county, on the day of A. D. and on the same day of A. D. the defendant before said justice B. -.luring the pendency cf Said action, and before any plea pleaded therein, acknowledged himself to owe, and be indebted, to the plaintiff in the sum of to be paid to him, if the said II. R. should fail to prose cute his action to effect, and answer all damages, in case he make not his plea good. And that afterwards, on the same day of A. D. the said action was by the said justice B. fully heard on the plea of owe nothing; and that the said ju:^ lice B. did then and there find that the plaintiff owed noth- ing to the said R. R. in manner and form, as in his de- claration \vas allfdged ; and did t;x;reiipo:i consider, that'thf. plaintiff recover his co:;t in said action, taxed at the sum of dollars, and cents, of him the said U. R. and that ex- ecution issue therefor accord ingly. And that the plaintiff thei. and there took out execution on fh< ?aid iuchrmcnt of !!: 20 JUSTICE OF TH1-: PEACE. Debt, ffci.Fa. vs. Special JJ;iil. justice B. for the sum of together with cents more (or said execution, in due form of law, and afterwards, to wit, on the same d;iy of committed the saine execu- tion to the hands of L. M. then and ever since a constable of said and that on the day of A. D. the said constable made return of the same execution, into the office of the said justice B. with his endorsement thereon, that he could find neither the goods, or chattels, or the body of the said K. R. whereon to levy said execution, and charged his fee.s at all which, by the files and records of said justice B. in the action a fo repaid 1 , ready in court to bt produced, appears. And the plaintiff avers that the said recog- nizance has been in no way cancelled, nor hath said judgmerr. been in any way paid or satisfied : and that the said R. R. did fail to prosecute his said action to effect, and hath not satisfl ed the damages and cost by the plaintiff thereby sustained, tt the damage of the plaintiff the sum of and therefor, an< ! for cost, he brings this suit. Hereof fail not, &.c. SECTION VJIL SCIRE FACIAS. AGAINST SPECIAL BAIL. To the sheriff, &c. Greeting : Whereas R. R. of brought his action ot trespass, against one G. F. of by writ of attach inenl, returnable before J. B. Esquire, one of the justice.- of the peace for F. county, on the day of A. D. at in said county, and after the calling of the parties ii< said action, and before any plea pleaded therein, to wit, on the goods, or chattels, of the said G. F. to satisfy said execution, but could find none. And that he had tnadv- like search for the body of the said G. F. but he was, not to be found within his precincts, and so returned said execu- tion in no part satisfied ; and charged, as his fees, $ . And (he said K. K. sailli, that the said judgment is stiil in full force, and remains altogether unsatisfied; wherefore the said K. K. prays a remedy in the premises, and which h effect, you are hereby required to attach the goods or estate ot the said L. M. to the value of and for \v ani thereof to take his body, and him cause to appear befn; said justice B. on the day of A. D. a~ o'clock jn the noon, at his dwelling house in .:. aforesaid, then and there to show reason, if any he haw. whereiore judgment for the sums aforesaid, amounting to tin -mm of together with interest thereon, shall not be given against him, L. M. and execution be issued therefor. Hereof fail not, and due return make. Dated at this day of A. D. State duty of seventeen cent.; i.s paid hercon, and R. R. i*;cognized in $ for prosecution, 4'C. before me. J. B. Justice of the Peace. JUSTICE OF THE PEACE. Pci. Fa. vs. (IiM'nis SCIRE FACIAS ON FOREIGN ATTACHMENT, vs. GARNISH EE. To the sheriff, &:c. Greeting : Whereas R. R. of in the county of brought his action of asstnnpsit, on note, against L. M. of an absent and absconding debtor, gone to parts uuknown, with- out the limits of this state, by writ returnable before J. B. Esquire, one of the. justices of the peace for F. county, at j>. in said county, on the day of A. D. de- manding the sum of and signed by J. B. justice nf the peace, in and by which writ the officer to whom the sarnr was directed for service, was required to leave a true and at- Bested copy thereof with G. F. agent, attorney, factor, trustee, and debtor, to the said L. M. which said writ was duly served, and a true and attested copy left with the said G. F. according to the requirement aforesaid, and re- turned to the said justice B. on the day of A. D. >nd the said L. M. not appearing in said action, the .ame was adjourned to the day of A. D. afore- said, when and where the said R, R. recovered a judg- ment ngainst the said L. M. for the sum of dama- ges, and the sum of cost of suit, and took out execution, indue form of law, on said judgment, for the sums aforesaid, and -seventeen cents more for said execution, dated the day of A. D. directed to the sheriff of the county of F. &,c. made returnable in sixty days next coming, and signed by the said justice B. And that on the day of A. D. the said R. R. committed the said execution to the hands of a constable of said to execute according to law ; tvho on the day of A. D. at the last usual place of abode of the said L. M. in said made demand of money, goods, and chattels, to satisfy said execution with the said constables fees thereon, but none were shown unto him, nor eculd he find any, and on the day of A. D. the said constable made a like demand of said G. F. of it aforesaid, for money, goods, or chattels, of the said L. M. * in his hands, as attorney, agent, factor, and trustee, to iho /aid L. M. to , ; 'ati?fy said execution, together with JUSTICE OF THE PEACE. 157 Sci. Fa. vs. Garnishec. said constable's fees, but none were shown unto him, nor could the said constable by the most diligent search, throughout his precincts, during the life of said execution, find either the mon- ey, good.*, or chattels, of the said L. M. whereon te 'lew and satisfy said execution, and the said constables fees there- on : and on the day of A. D. made return of said execution into the office of the said justice, with his doings afore- said thereon indorsed, as by the files and records of iaid justice B. in said action, ready in court to be produced, appears. And the said R. II. saitb, that at the time of the d:ne of the justices of the peace for F. county, on the day of A. D. at S. in said county, recovered a judgment against L. M. of for the sum of damages, and for the sum of cost of suit, and took out ex- ecution thereon, in due form of law. dated the same day ot A. D. awl whereas since the rendering of said judg- icent, and the issuing of said execution, to wit, on the day of A. D. the said R. R. died, the said judg- ment and execution then being and still retraining wholly un- paid, and unsatisfied : and whereas A, and B, both of in said county, are executors of the last will and testament of the ?aid L. M. who have taken upon themselves the burden of executing the same ; and whereas the said L. M. since the rendering the said judgment, and taking out of the exe- cution as aforesaid thereon, to wit, on or about the day of ,,A. D. died, and C, ^ D, both of are legally appointed and qualified, as administrators on the estate of the said R. R. and have taken on themselves the burden of said trust ; and the said A,& B, as executors of the said R. R. aver, that the said judgment and execution hath never been paid, or satisfied, nor the said judgment reversed, and thereupon pray for a reme'Jy in the premises : to which end these are to require you, to cause the said C, &; D, as adminis- trators of the estate of the said L. M. to know that they apprr.v before J. B. Esquire, one of the justices of the JUSTICE OF THE PEACE. 159 iSci. Fa. Executor, \?. Administrator. peace for F. county, on the day of A. D. at o'clock in the noon, at his dwelling house in in said county, then and there to show reason, if any they have, '.vhy judgment should not be rendered up for the several sums, amounting to the sum of against the estate of the said L. M. in the hands of the said C, &f D, as administrators a?: aforesaid. Hereof fail not, and due return make. Dated at this day of A. D. fv of seventeen cents is paid hereon. T . B. Justice of the Pf.0f.f, 160 JUSTICE OF THE PEACE Actions on Ptalulfs. Afuinst ctitting Trees. CHAPTER IT SECT. I. ACTIONS ON STATUTES. T. HE most convenient form of action on statutes, used ifl this state, seems peculiar to it. While it possesses oil the ad- vantages of debt, it is free from its technical niceties. Custom has not yet given it a distinctive name ; hence it is sometimes de- nominated trespass, sometimes debt, &c. to which the particular case is most analogous. [*Of as little importance as a name may Seem at first view to be, parties have sometimes suffered very ruinous evils from misdenornination. In an action on the sta- tute, against cutting trees, where the defence was a mistake, as to the dividing line between different proprietors, and a tender of the value of the tree cut, though the facts were found in favour of the defendant, the court decided the teftder was not good, forsooth, because it was an action of trespass. So in an action of replev- in, for cattle, to the value of fifty dollars, taken damage feasanl, and impounded. Though the plaintiff recovered, yet, as the damages assessed were less than seven dollars, he was allowed no more cost, than damages ; and the reason assigned by the court, and the only reason, was, that in the statute form, the ac- tion is called trespass, though a distinct species of action, and as different from trespass, as assumpsit from trover.] ON THE STATUTE, AGAINST CUTTING TREES. To answer unto J. D. of in an action, or plaint. '.vhercia the plaintiff complains, and says, that on or about the day of A. I). the defendant, minding to injure the plain tiff, in this pavti-.-uxr, did wilfully, without leave or licence from the plaintiff, tutor into and upon a certain piece or parcel of land, situate in c aid and bounded as follows, (here insert the boun- daries of thi'. land,} of which the plaintiff is sole owner, and the:, nttd there d'd vMfallr. and without leave or licence of the lair- JUSTICE OP THE PEACE. 161 Action on Statute;, vs. C:irrh ; Drivers. tiff, cut, and fell, arid from thence carry away fifteen of the plaintiffs walnut poles, under the dimensions of one foot in diam- eter* before that lime on said land standing and growing : all contrary to the form of the statute, entitled, " Jin act for detec- ting and punishing trespasses in divers cases, and directing pro- ceedings therein." And by reason of the premises, and by force of the statute aforesaid, the defendant has forfeited, and became liable to pay the plaintiff the sum of eighty four cents, for every pole so cut, felled, or carried away ;| amounting in the whole to the sum of twelve dollars and sixty cents, whereby an action hath accured to the plaintiff, to demand, recover, and have, of the de- fendant, the said sum of twelve dollars, and sixty cents, in man- ner and form aforesaid. Yet the defendant though often reqes- ted, hath never paid to the plaintiff the said sum of twelve dol- lars and sixty cents, of any part thereof, and still unjustly neg- lects, and refuses to do it, to the plaintiffs damage, &c, SECT. II. O,V THE STATUTE REGULATING STAGE AND OTHER CARRIAGE DRIVERS. ' To answer unto J. D. of in an action, or plaint, wherein the plaintiff complains, and says, that on the day oi A. D. the defendant being a driver of a wheel- carriage, for the conveyance of persons, called a pleasure wag- gon, then in such waggon drawn by two horses, harnessed to said waggon, and driven by the defendant, at in said county, in a public road, travelling from west to east, on the same road, met the plaintiff, travelling in a chaise, drawn by one horse, driven by the plaintiff on the same road, from east to to west, near to the dwelling house ofL. M. in when and where the plaintiff did turn and bear his carriage, to hir. the plaintiffs, right hand, leaving ample room on his left hand, * If the trees, or any of them, exceed one foot ia diameter, then state, also, the value of each tree, for which the action is brought. t If the tree cut, exceeds one foot in diameter, the penally is one dollar and sixty-seven cent*. 91 166 JUSTICE OF THE PEACE. Looser, vs. \\ inner. in said road, for the defendant to pas? in his said waggon, by his, the plaintiffs, said chaise, without injury to either. Yet the de- fendant did wantonly and carelessly turn and bear his said wag- gon to his, the defendants left hand, by reason of which wanton and careless conduct of the defendant, the left fore wheel of his said waggon in passing by the plaintiffs said chaise, ran against the left wheel of the same, by which the plaintiff's said chaise was injured, to the value of five dollars, and his bodily safety greatly endangered, against the form of the statute, entitled, " an act to regulate stage and other drivers." And that by reason of the premises, and by force of the statute aforesaid, the de- fendant has forfeited, and become liable to pay to the plaintiff the sum of fifteen dollars, as the threefold amount of the damages by the defendant done to the plaintiff, whereby an action hath accrued to the plaintiff, to demand, &c. SECT. III. OW STATUTE AGAINST GAMING. LOOSER AGAINST WINNER OF MONEY, e. To answer unto J. D. of in a plea, that to tht plaintiff, the defendant render the sum of dollars, which to the plaintiff the defendant justly owes for so much money with- in three months last past, by the defendant at in said county, received of the plaintiff, to his use, being a sum by the defendant on the day c>f A. D. at aforesaid, won, in play- ing at cards, with the plaintiff, and by him, as the looser of the T ames, paid, and delivered to the defendant,- contrary to the form of the statute, entitled, an " act against gaming" whereby an action hath accrued to the plaintiff, to demand," recover, and have of the defendant, the said sum of dollars. Yet the defendant hath never paid the same, or any part thereof, to the -plaintiff, though often requested and demanded ; but still unjust- Jy neglects and refuses to do it, to the plaintiffs damage the sum of dollars, &c- JUSTICE OF THE PEACE. 163 Slran -er, vs. Winner, Qui-tam. SECT. IV. A STRANGER AGAWST THE WIJYNER, To answer unto J. D. of who sues, as well for himself, as for, and in behalf of the county of F. in an action, gr plaint, for that the plaintilFdeclares and says, that on or about the day of A. D. one G. F. of and the defendant, together at played divers games at cards, within the space of six hours, to wit, on the night next following the Jay of aforesaid, and that in the course of the games so play- ed by the said G. F. and the defendant, he, the defen- dant, won and received, of him the said G. F. the sum of five dollars, which said sum of five dollars so won, by the de- fendant, and by the said G. F. lost, in playing at cards as aforesaid, he the said G. F. then and there paid and delivered to the defendant, contrary to the form of the statute, entitled " an act against gaming," and that though more than three months has elapsed since the day of A. D. when the saidG F. and the defendant together so play- ed at cards, and the said G. F. so lost and paid, and the defendant so won and received said sum of five dollars, yet Lhe said G. F. hath not, bonafide, without covin or collusion, su- ed, and with effect prosecuted, the defendant for said sum of rive dollars, so lost and paid by him the said G. F. whereby an action hath accrued to the plaintiff, \o demand, recover, and have of the defendant, the sum of fifteen dollars, being the tre- ble value of said five dollars, so won and received, by him, the defendant, of the said G. F. in manner aforesaid, the one moiety thereof for himself, and the other moiety therof for the use of the county of yet the defendant hath never paid said fifteen dollars to the plaintiff, or any part thereof, though often requested and demanded, but still unjustly neglects and refuses *o do it, to the plaintiffs damage, the surn of fifteen dollars, &c. 164 JUSTICE OF THE PEACE. Qui-tam, Against seller of Playing Cards. vs. Mischief done by Dogs. SECT. V. QUI-TAM AGAINST SELLER OF PLAYING CARDS. To answer unto J. D. of S. aforesaid, who as well for himself as for the State of Connecticut, in this hehalf prosecutes, in an action, or plaint, wherein the plaintiff complains and says, that on the day of A. D. the defendant, at said sold a pack of playing cards to a certain person to the plaintiff unknown, contrary to the form and effect of the stat- ute, entitled, " an act agninst gaming," and by reason of the premises and by force of the said statute, the defendant has for- feited, ad became liable to pay, the sum of seven dollars, the ono half thereof to the plaintiff, who, as well for himself as for the State of Connecticut, aforesaid, in this behalf prosecutes, and the other half thereof, to the treasurer of said town of S. ivhereby an action hath accrued to the plaintiff, who complains, and prosecutes, as aforesaid, to demand and have of the defend- ant the sai 1 sum of seven dollars, in manner and form aforesaid, yet the defendant hath never paid said sum, or any part thereof to the plaintiff, though often requested and demanded ; but still unjustly neglects and refuses to do it, to the plaintiffs damage, ;n manner aforesaid, the sum of seven dollars, and therefor, and 'or cost, he brings suit. Hereof fail not, &c. SECT. VI. ON STATUTE, FOR PRESENTING MISCHIEF BY DOGS. Against defendant, 'whose sons dog had killed plaintiff 's^Sheep, Wherein the plaintiff complains and says, that th^Celendanf. hath a son, named G. F. a minor, under the age of twenty one years, living and Dwelling with him, the defendant, and that the said G. F. is and for more than months last past, has been the owner and possessor of a dog, denominated blood hound, called tyger, and that on the night next following the day of A. D. the said dog, called tyger, while so owned and possessed by the said G. F, killed five of the JUSTICE OF THE PEACE. 166 Statute, vs. Passins; Counierl'eit Hank notes. plaintiffs sheep, at said in his, the plaintiff's pasture feed- ing, all of the value of fifteen dollars ; whereby the plaintiff hath sustained damage, to the amount of the sura of fifteen dollars, and by force of the statute, in such case made and provided, an r.c- tion hath accrued to him, to demand, have, and recover of him, the defendant, the said sum of fifteen dollars, of all which the defendant on the day of A. D. at aforesaid had notice : yet he hath never paid said sum, nor any part thereof, to the plaintiff, though often requested and demanded, to the damage of the plaintiff the sum of fifteen dollars, &o. SECT. VII. OJV STATUTE, TO PREJ'ENT PASSING COUN- TERFEIT BILLS, &c. Against defendant, rslio had passed a counterfeit bank note to the plaintiff. ' >, to answer unto J. D. of in an action, or plaint, wfoerein the plaintiff complains, and says, that on the day of A. D. the defendant, at for a valuable consid- eration then and there received of the plaintiff, passed, and put off to him as true and genuine, a false, forged, and counterfeit note, purporting to be, and bearing the likeness and similitude of a note issued by the bank, established at for (he sum of five dollars ; bearing date the day of A. D. numbered payable to or bearer, on demand, and sign ed by president, and countersigned by cashier ; and that the plaintiff, then and there ignorant, that the said note was Talse, forged, ind counterfeit, and believing and trusting that the same note was a true and genuine note of said bank ac- ording as it purported to be, took, and received the same note, for, and in lieu of the sum of five dollars, in good and lawful money of this slate. And that afterwards, to wit, on the day of A. D. the plaintiff having discovered that the same note was, in truth, false, forged, and counterfeit, and not a true and genuine note of said bank, delivered the same faf^e, forged, and counterfeit note, to J. B. Esquire, one of 166 JUSTICE OF THE PEACE. Statute vs. Passing Counterfeit Bank notes. the justices of the peace for the county of aforesaid, at aforesaid, and informed him, the said justice B. that he, the plaintiff, concluded the same note to be false, forged, and coun- terfeit, and that the said justice B. then and there received the said note from him the plaintiff, as false, forged, and coun- terfeit, as aforesaid, and that afterwards, to wit, on the day of A. D. the plaintiff went to him, the defendant, at aforesaid, and then and there informed him, the defend- ant, that said note had been by the plaintiff so lodged with the said justice B. and then and there demanded of the defend- ant payment for the same note, who then ami ever since hath refused, and neglected to make the plaintiff satisfaction therefor, and that by reason of the premises, the plaintiff hath sustained damages to the amount of seven dollars, of all which the de- fendant afterwards, to wit, on the day of A. D. at aforesaid, had notice. And that by reason of the pre- mises, and by force of the statute, in such case made and pro- vided, an action hath accrued to the plaintiff, to demand, recover, and have, of the defendant, the said sum of seven dollars; yet the defendant hath never paid the same, nor any part thereof to the plaintiff, though often requested and demanded ; but still un- justly neglects and refuses to do it, to the plaintiff's damage the sum of seven dollars ; and therefor, and for cost, he brings this suit, &c. PLEA. Not Guilty. RECORD. F. county, ss. S. At a court held on the day of iz.c. J. D. against G. F. of action on statute, to prevent pas- sing Counterfeit bills, &.c. for that on the day of A. O. the defendant at for a valuable consideration, (<;. pursu- ing the declaration as far as the demand of damages, as in other cases,) to which the defendant pleads, that lie is notguiity, ^manner and form, a? is in the plaintiff'? declaration alledged ; JUSTICE OF THE PEACE. 167 Statute, vs. Passing Counterfeit Bank notes. and thereof puts himself on trial, and the plaintiff likewise. I the said justice B. having enquired into the equity of the case, by examining the parties under oath, and taking all other legal evidence adduced by the parties, and well weighed the same, together with the arguments by them respectively urged, do find that the defendant is guilty, in manner and form, as is in the plaintiff's declaration alledged. And that the plaintiff is thereby damaged to the sum of whereupon it is consider- ed by this court, that the plaintiff recover of the defendant, the sum of dollars, damages, together with his cost, taxed at the sum of dollars and cents, and that execution issue there- for accordingly. J. B. Justice of the Peace, 168 JUSTICE OF THE PEACE. Actions for Forts. CHAPTER III. SECTION I. ACTIONS FOUNDED ON FORTS, Trespass and Case. T^ HESE actions may be maintained by, and against in- fants, as well as adults. When an infant sues, he must do it by his next friend,* or guardian, but must defend by guardian, Husband and wife must join, for a battery of the wife. [A pa- rent, or master, may maintain trespass on the case, for an assault upon his child, or servant, alledging that he thereby lost the service of such child or servant. This right is not con- fined to the infancy of the child, or servant, but subsists so long as they remain members of his family. In such cases, the child, or servant, assaulted, or beaten, may be a witness.] In assault and battery, as in all other actions of trespass, the declaration must charge the offence as committed with force and arms, and against the peace ; and, as also in trespass on the case, the gen- eral issue, is not guilty. Under that plea, the defendant may give in evidence, whatsoever in law will defend him, from the recovery of the plaintiff in the action, excepting only a discharge from him, or his award, or some other special matter, whereby the defendant, by act of the plaintiff, is saved, or acquitted. * An infant cannot sue, by next friend, if he has a guardian. unless in sui ; Brought aerainet st'ch JUSTICE OF THE PEACE. On Torts. Assault and Battery. ASSAULT AND BATTERY. INFANT AGAINST 1 WANTS. WRIT AND DECLARATION. To the sheriff of the county of his deputy, or either of' the constables of the town of within said county, Greeting : By authority of the Stats of Connecticut, you are hereby com- manded to summon A, B, &. C, all of in said county, in- fants, under the age of twenty-one years, and children of G. F. of said to appear before J. B. Esquire, a justice of the peace in and for the county of on the day of A. D. at in the noon, at his dwelling house in in said county, then and there to answer unto L. D. of an infant, under the age of twenty-one years, who sues by E. F. his next friend, (or by his guardian) in a plea of trespass, wherein the plaintiff complains and says, that on the day of A. D. the defendants at with force and arms, an assault upon the body of the plaintiff made, and him, the plaintiff, then and there, with like force and arms, to wit, with fists, clubs, slicks, and stones, the defendants did beat, bruise, wound, and evilly entreat, and other injuries and enormities to the plaintiff the defendants then and there did, against the peace, and contrary to law, and to the plaintiff's dam- age the sum of dollars. J^nd therefor, and for cost, thi suit is brought ; and you are also required to* notify the said G. F. the father, and natural guardian, to the defendants, to appear, if he see cause, at the time and place of trial, in behalf of his said children, to defend in this action. Hereof fail not, and make due return. Dated at this day of A. D. The state duty of seventeen cents is paid hereon, and D. II. recognized in $ for prosecution, &tc. before me. J. B. Justice of the Peace : * The notice here directed to be given, is a mere matter of difcr^sion, a* the justice has authorifv to appoint any other person, who v.-ill render it, tr> defond the minor?. 17 JUSTICE OF THE PEACE. O n Torts. OFFICER'S RETURN. F. county, ss. S. On the day of A. D. I read this writ in the hearing of the within named defendants, and left at the usual place of abode of the said G. F. their father, and natural guardian, a true and attested copy there of. Attest. M. N. Constable. PL Ed. F. county, ss. S. Now the defendants came into court, and by G. F. their natural guardian, severally defend, plead, and say, they are not guilty, in manner and form, as is in the plaintiffs decla ration alledged ; and hereof they put themselves on trial, by G. F. Their natural Guardian. And the plaintiff likewise, by E. F. His ne.\t friend. RECORD. F. county, ss. S. At a court held on the day of A. D. at in the county of before J, Esquire, one of the justices of the peace for said county, L. D. of an infant, under the age of twenty one years, who sues by E. F. his next friend, against A. B. and C. all of and infants, under the age of twenty one years, in an action of assault and battery, for that on the day of A. D. the defendants at aforesaid, with force and arms. an assault made on the body of the plaintiff, and him the plain- tiff with like force and arms, to wit, with clubs, sticks, and stones, the defendant did then and there beat, bruise, wound, a,nd evilly entreat, and other injuries and enormities to the plaintiff the defendants then and there did ; against the peace, and contrary to law, and to the plaintiffs damage, the sum of dollars. And the defendants come into court, and by their natural guardian G. F. severally defend, plead, and say, that they are not guilty, in manner and form. JUSTICE OF THE PEACE. 171 O.i ;-.r.s i .'>'. ii a.i.i A r re, vs. Husband and Wh'e, Assault,, S(C. as in the plaintiff's declaration is alledgcd, and thereof put themselves on trial ; and the plaintiff, by E. F. his next friend, doth the like. Having fully heard the evidence ad- duced and arguments suggested by the parties, I the said justice B. do find that the said A. and B. are guilty, and that the said C. is not guilty, in manner and form, as is in the plaintiff's declaration- alledged ; whereupon it is consider- ed by me, the said justice B. that the plaintiff recover of the said A. and B. the sum of damages, together with his cost, taxed at and that execution issue therefor accordingly. And that the said C. recover his cost of the plaintiff, taxed at and that execution issue therefor ac- cordingly. /. B. Justice of the Peace. HUSBAND AND WIFE, AGAINST HUSBAND AND WIFE. Writ and Declaration. Summon G. F. and M. F. his wife, both of 4 - c. to answer unto R. R. and M. R. his wife, both of &c in a plea of trespass, wherein the plaintiffs complain and say, that on the day of A. D. at the said M. F. with force and arms, upon the body of M. R. an assault made, and then and there, with like force and arms, to wit, with shovels, tongs, and broomsticks, her the said M. R. she, the said M. F. did beat, bruise, wound, and evilly entreat, and other injuries and enormities to the said M. R. the said M. F. then and there did, against the peace, and contrary tc law ; to the damage of the plaintiffs the sum of, &r. PLEA. And the defendants in court defend, plead, and say, that the said M. F. is not guilty, in manner and form, as in the plaintiffs declaration is alledged, and hereof put her upon trial. G. F. and M. F. And the plaintiffs likewise. U. R. and M. R. JUSTICE OF THE PEACE. On Torts. For Battelgrof Servant. With False Imprisonment. RECORD. F. county, ss. At a court, &c. R. R. and M. R. his wife, against G. F. and M. F. his wife, action of as^ sault and battery, for that the said M. F. &.c. {pursuing the declaration and plea, as in the preceding record.*) Having heard, &c. I the said justice B. do find, that the said M. V. is guilty, &c. and do thereupon consider, that the plaint- iffs recover of the defendants, &.c. BY MASTER FOR BATTERY OF HIS SERVANT, f - , an assault made upon L. M. of then and there a servant of the plaintiff, and then and there with like force and arms, to wit, with clubs, sticks, an stones, him the said L. M. he the said G. F. did beat, bruise, wound, and evily entreat, and other injuries and enormities to the said L. M. he the. said G. F. then and there did, against the peace, and contrary to law ; by which the plaintiff lost the ser- vice of the said L. M. for the space of twenty day?, to his damage dollars ; and therefor, and lor cost, he brings suit, &c. ASSAULT, WITH FALSE IMPRISONMENT. - - , with force and arms, an assault upon the plaintiff made, and him, then and there beat, bruise, wounded, and imprisoned, and then and there detained in prison, for the space of days, viz. from the day of A. D. to the day of A. D. against the will of the plaintiff ; and other injuries and enormities to the plaintiff the defendant then and there did, against the peace, and contrary to law ; and to the plaintiff'.? damage, the sum of dollars. NOTE. Ever so short a confinement, against the will of the oluintiff", and without right, any where, and by what ever means,. vt false imprisonment, and will support an action. JUSTICE OF THE PEACE. 173 On Torts. Slander. SECT. II. Slander is the defacing a man in bis reputation, by speaking or writing words concerning him, falsely, and maliciously, by which he sustains an injury, in character or property. This slander may be effected by speaking or writing, and also by signs or pictures. Words are actionable in themselves, which charge, or import the charge of a crime, which brings the accused iu danger of some corporal punishment, (a) or tends to exclude him from sotu-ty, or injure him, in his trade or profession, or to hi- removal from an office of dignity, trust, or profit, (a) &r to in- jure his title to his estate. DECLARATION, - , in a plea of trespas? on the case, wherein the plaintiff complains, and says, that whereas the plaintiff is a good, faithful, and honest citizen of this state, and from his nativity hitherto hath carried, and behaved himself, as a good, faithful, and hon- est citizen of the state, and has been always known, reputed, anA estfremed, amongst all the good and faithful citizens of this state 4 to whom the plaintiff was known, to be of good name, fame, and reputation, without any spot or stain of the crime of theft. Yet the defendant, well knowing the plaintiff to be such good, faith- i'ul, and honest citizen, and to be of good name, fame, and repu- tation as aforesaid, and to be held, reputed, and esteemed as aforesaid, without evc-r being suspected of the crime of theft, and minding, and wickedly intending, maliciously to injure the plain- tiff in this particular, on or about the day of A. D. and at divers days and times, between the day last aforesaid, and the day of the date of the plaintiff's writ, did at afdre- said, wilfully and maliciously speak, utter, and publish of and concerning the plaintiff, in the presence and hearing of divere good citizens of this state, these false, feigned, and scandalous words following, to wit, He, (meaning the plaintiff} is a thief. He, (meaning the plaintiff-'} stole a bushel of corn out of B's mill, (meaning a mill owned by one in said ) He, (mean- ing the plalntijf] is light fingered, , .r.eaning that the plaintiff h*4 (a) Swift's System : 33, 39/40, 41. J74 JUSTICE OF THE PEACE. On Torts. Trover. been guilty of the crime of theft) and the miller will prove it ; by reason of which said false, feigned, and scandalous words, the plaintiff is not only grievously hurt in his good name, fame, and reputation, and endangered of public prosecution, for the crime of theft, but is also very much prejudiced in divers, his honest and lawful employments ; to his damage the sum of dollars, and therefor, and for cost, &c. SECT. HI. TROVER, Trover is a special action, which any man may have against another, who has in his possession any of his goods, by finding delivery, or otherwise, or sells, or makes use of them without his consent, or refuses to deliver them on demand ; and it is for the recovery of damages, to the value of the goods, and therefore the declaration ought to contain convenient certainty in the de- scription of the things, so that the triers may know what is there- by meant rt) To answer unto J. D. of in a plea of trespass on the case, wherein the plaintiff complains, and says, that on or about the day of A. D. at aforesaid, he possessed as his own proper goods, and chattels, one certain black heifer, of the age of one year, of the value of dollars, arid being so possessed, continued so possessed until afterwards, on or about the same day of aforesaid, at aforesaid, the said heifer out of the possession of the plaintiff, casually went, and was lost, and immediately into the possesion of the defendant by finding came. Yet the defendant, well knowing the said heifer of right to belong to the plaintiff, and to be his proper goods, and chat- tels, though often requested, hath not delivered the same to the plaintiff, but afterwards, to wit, on the same day and year last above said, at converted the same heifer to his Ihe defendant's own use, to the damage of the plaintiff the .iim of dollars, &c, V) Bui. on?. H? JUSTICE OF THE PEACE. On Torts. Deceit. SECT. IV. DECEIT. DECLARATION, -- , wherein the plaintiff complains, that on the day 01 A. D. at the defendant, being in possession of a cow, un- nny, disorderly, and accustomed to over leap and break down fences, did to induce the plaintiff to purchase said co\v of him, the defendant, then and there falsely, and deceitfully, affirm and declare to the plaintiff, that the said cow was an orderly cow, in nowise unruly, nor accustomed to overleap, or to break down fences ; and that the plaintiff then and there confiding in the aforesaid declaration of the defendant, in relation to said cow, that they were true and in good faith made, then and there pur- chased of him the defendant the said cow, for a great sum of mon- ey to wit, for the sum of then and there by the plaintiff to the defendant paid, and then and there received said cow of him, the defendant. And the plaintiff in fact saith, that the said cow so by him purchased of the defendant then was, and fora long time had been, and still is unruly, disorderly, and accustomed to overleap and break down fences ; and that the defendant at the time of his making the false and deceitful declaration above stated, concerning said cow, well knew that said cow, then and there was, and fora long time had been unruly, disorderly, am! accustomed to overleap and break down fences : by all which (he plaintiff was greatly deceived and defrauded, to his damage ,ln; sum of which to recover, withro-t. hn hrin^ *'jit SECT. V. TRESPASS'. On Personal Properly. In a plea oi trespass, wherein the plaintiff complains and says,. ;bat on the day of A. D. the defendant, with force and arms, at said chased with a dog, and with clubs, and stpnes, beat, wounded, and killed ten of the plaint ; !s geese, oi *.he value of five dollar* , and othor in'mrips and onormiti-".s tt 170 JUSTICE OF THE On Torts. Trespass on Personal Property. the plaintiff the defendant then and there did, against the peace, and contrary to law ; and to the plaintiff's damage ant! therefor, kc. 0,Y REAL PROPERTY. In a plea of trespass, wherein the plaintiff declares and say if,- that on the day of A. D. the defendant, with force and nrvs, broke and entered the plaintiff's close, situate in bounded, (here describe the bounds,} and the plaintiff's wood and timber till then there standing, and growing, of the value of dollars, did cut and carry away, and other injuries and enormities to Ibe plaintiff the defendant 1 St. 351. 3W fb) Ibid, 232- JUSTICE OF THE PEACE. Forcible entry and Detainer. CHAPTER V. SECT. I. FORCIBLE ENTRY AMD DETAINER. To J. B. and L. L. Esquires, two justices of "he peace, in and for F. county, quorum WHMS, comes J. D. of S. in said county, and complains, and says, tha' on the day of A. D. he, the said J. D. was, and for a long time before had been lawfully seized, and pos sessed of a certain messuage consisting of a house with the land thereto adjoining, and the appurtenances thereof, situated and being in said S. at a place called and bounded as follows. to wit, (here describe the bounds,) and continued so seized, and possessed of said house and land until on the same day of aforesaid, one G. F. of said S. with force and arms. did forcibly, and with strong hand, and armed power, enter in- to and upon said described house, and land, with the appurten- ances thereof, and him the said J. D. thereof disseized, and with force and strong hand therefrom expelled, and that the said G. F. with like force and strong hand, doth still hold possession of the said house and land of him, the said J. D. and him with like force and strong hand doth still keep out of possession of his same house and land, against the peace, and contrary the form of the statute, entitled " an act directing proceedings against forcible entry, and detainer," whereupon the said J. D. prays that due enquiry may be had by the oaths of the people of said county, in the neighbourhood of said described house and land, so as aforesaid entered into and upon by the said G. F. as well of his said forcible entry into and upon the same house and land, as of his holding and detain ing the same by focre and strong hand ad aforesaid. And that due process may be had against him therein, as by the statut* aforesaid is directed. Da ted at this day of A- I). J. D 186 JUSTICE OF THE PEACE, Forcible entry and Detainer. WARRANT. To the sheriff of F. county, or his deputy, Greeting : Whereas the foregoing corn-plaint has been made to us, J. B. and L. L. Esquires, two justices of the peace, for F. county, quorum unus, These are therefore, by authority of the State of Connecticut. to command you to arrest the body of the above named G. F. and him hare before us, the said two justices of the peace, on the day of A D. at o'clock, in the noon ; at the dwelling house of in S. in said county, if he be found within your precincts, otherwise summon him the said G. F. to appear before us, the said two justices at the time and place last above mentioned, by leaving a true and at- tested copy of the foregoing complaint, and of this warrant, /it his usual place of abode, in said S. that he may answer said complaint, and be dealt with as by the statute aforesaid, in such cases made and provided, is directed. Hereof fail not, and of this warrant, and your doings thereon, make due return.. Dated at this day of A. D. J. B. } t\vo justices of the L. L. $ . peace quorum unuf. VEX I RE FACIAS. To the sheriff of the county ofF. or his deputy, Greeting . By authority of the State of Connecticut, you are hereby commanded to cause to come before us, J. B. . and L. L. Esquires, hvo justices of the peace for F. county, quorum unus, on the day of A. D. at o'clock in the noon, at the dwelling house of in S. in said county, eighteen sufficient and indifferent persons, each having a free-hold estate, rated in the common list at nine dollars at least, and dwelling near to a certain house and land ofJ. D. of said S. situate in S. aforesaid, to enquire upon their oaths, of a certain entry made, with force and strong hand, (as it is said) into the said house and land of the said J. D. by one G. F, of said S. and of his detention of the same, with like force and strong hand, against the form of the statute, in such case made and provided, and according to the JUSTICE OF THE PEACE. 187 utrv and Detainer. evidence which shall be given unto them, a true verdict give. Hereof fail not, and of this precept, and your doings there,- on, make due return. Dated at this day of A. D. ' J. B. > two justices of the L. L. $ peace quorumunus. OFFICER'S RETURN OF FENIRE. F. county, ss. S. July A. D. The execution of this writ appears in a pannel hereto anexed. M. C. Sheriff. Names of the jurors between J. D. complainant, and G. F. defendant, on a complaint for forcible entry and detainer. M. C. Sheriff. A. B, ^ C. D. E. F. G. H. I. J. K. L. M. N. 0. P. Q, T. R. U. V. W. X. Y. B. A. D. C. F. E. H. G J. I. L. K. J all free holders of said S. qual- ified as the law directs, and disinter-! ested between the parties. M. C, Sheriff. PLEA. F. county, ss. S. The said G. F. in court defends, pleads, and says, that he is not guilty, in manner and form, as is in the said J. D. 's complaint alledged, and hereof puts himself on the county. G. F. And the complainant likewise J. D. JUSTICE -OF THE PEACE, Forcible entr and I)c( Two justices of the I--. L. $ peace, quorum unus. FORM OF EXECUTION. To the Sheriff of the County of or his deputy, Greeting ; Whereas J. D. of S. in said county, recovered judgment against G. F. of said S. before us J. B. and L. L. Esquires, two justices of the peace for F. county, quorum vnus, on the day of A. D. at said S. holding a court of enquiry of forcible entry ant*, detainer, that he the said J. D. be re-seized, and put in- to possession of a certain messuage, consisting of a house, with the land adjoining, and the appurtenances thereof, situated and beisg in said S. at a place called and bounded as follows, to wit, (litre describe the bounds,) and also for the sum of dollars, and cents cost of suit : whereof execution remains to be done. These are therefore, by authority of the State of Connecti- cut, to command you, that taking with you the force of the coun- ty of F. aforesaid, (if necessary) you cause the said G. F. to be immediately removed from the premises above de^ scribed, and the said J. D. to be re-seized and put into peaceable and quiet possession of the same. And that of the money, goods, or chattels, of the said G. F. you cause to be levied, (and the same being disposed of as the law di- rects,) paid and satisfied unto the said J. D. the same suiti of dollars, and cents, with cents more for this writ, together with your own fees, and for want of money, goods, and chattels, of the said G. F. to be by him shewn unto you, as aforesaitl, within your precincts, for the satisfying the aforesaid sums, you are hereby commanded to take the body of the satf !90 JUSTICE OF THE PEACE. Fobcible entry and Detainer. G. F. and him commit to the keeper of the gaol in F. in said county of F. within said prison, who is likewise hereby commanded to receive the said G. F. anil him safely keep until he pay to the said J. D. the sums above mentioned, and be by him released, and also to satisfy .your own fees. Hereof fail not, and make due return of this Writ, with your doings thereon, within sixty days next coining. Dated at this day of A. D. J. B. > two justices of the Tj. M. J peace, quorum units.- JUSTICE OF THE PEACE. 191 Bastardy. CHAPTER VI. SECT. I. BASTARDS. COMPLAINT DURING PREGNANCY. To J. B. Esquire, one of the justices of the peace fox F. county, comes J. N. of S. in said coun- ty, and complains, that for more than ten months last past, she has been and still is a single woman ; and that she is pregnant with a child of her body, begotten on or about the day of A. D. at by G. F. of which child if born alive, is likely to be a bastard. And that the said G. F. is the father thereof. And thereupon the said J. N. prays process against the said G. F. that he^inay be arrested and brought before proper authority, and be dealt with as the statute, in such case made and provided, directs Dated at this day of A. P. J. V OATH F. county, ss. S. On this day of A. D. personally came, the above .said J. N. and made solemn oath, that the above com- plaint, by her subscribed, is just an^ true before me. J. b. Justice nfthepeare. WARRANT. To the sheriff of the county of F. his deputy, or either 1 constable of the town ofS. within said county, Greeting : By authority of the State of Connecticut, you are hereby com- manded to arrest the body of the above named G. F. and him forthwith have before me, J. B. esquire, one ot the justices of the peace for F. r. by the said G. F. which child, when born, is likely to be a bastard, and that the said G, F. is the father thereof, and praying process against the said JUSTICE OF THE PEACE. Bastardy. O. F. that he- may be arrested and brought before prop- er authority, and be dealt with as by the statute, in such case made and provided, is directed. And the said G. F. be- ing required to make answer to said complaint, says, he is not guilty, in manner and form, as therein is alledged, and thereof puts himself on trial, and the said J. N. doth the like. And the said justice B. having anew examined the said J. N. on oath, concerning the matters alledged in her complaint, aforesaid, and heard the evidence adduced, and arguments urg- ed, by the parties, is of opinion, that the said G. F. is guilty, in manner and form, as is in said complaint alledged. Whereupon it is considered by the court, that the said G. F. retognize, with one sufficient surety, unto the said J. N. in the sum of dollars, conditioned, that the said G. F, personally appear before the County Court, to be holden on the Tuesday of A. D. at in and for said coun- ty of to answer the charges in said complaint, and abide the order of said court thereon, and stand committed until sen tehee be performed. J. B. Justice of the Peace. RECOGNIZANCE. F. county, ss. S. Be it remembered, that on the day of A. D. personally came before me, J. B. Esquire, one of the justices of the peace, in and for said county, G. F. of and E. D. of and acknowledged themselves to owe, and be jointly and severally indebted, unto J. N. of in the sum of dollars, to be made and levied on their goods, chattels, and estate, and upon the goods, chattels, and estate, of either of them, and in want thereof, upon their bodies n, lively, to be paid to the said J. N. if the said G. F. shall fail to perform the condition fcllowimp the condition o! this recognizance is such, that if the said G. F. shaii make his personal appearance at the County Court, to be lioK! en on the Tuesday of A. D. at in and fur the county of to answer the complain! of the said J. N. made against him, (lit - ii>! fi Vfnre th< I JUSTICE OF THE PEACE. Bastardy. justice B. this day, on the statute concerning bastards, and bastardy, and abide the order of said coQrt thereon, then this re- cognizance to be void, otherwise to remain in full force and vir- tue. J. B. Justice of the Peace. MITTIMUS, To the sheriff of the county of his deputy, or either constable of the town of within said county, Greeting : Whereas G. F. of was on the day of j\. D. brought before me, J. B. Esquire, one of the justices of the peace for said county, by virtue of a warrant is- sued by me, the said justice B. upon the complaint of J. N. of for that she, for more ten months then last past, bad been and then was a single woman, and that she was then preg- nant with a child of her body, begotten on or about the day of A. D. by the said G. F. which child when born, is likely to be a bastard, and that the said G. F. is the father thereof. And praying that the said G. F. may- be arrested, and be dealt with as by the statute, in such case made and provided, is directed ; to which complaint, the said G. F. pleaded that he was not guilty, and thereof puts himself on trial ; and the said J. N. likewise. And whereas the said J. N. was on oath, by me, the said justice B. examined, concerning the matters alledged in her said complaint ; and whereas, upon hearing the evidence by the parties adduced, and their arguments urged, it was the opinion of me, the said justice B. that the said G. F. was guilty in manner and form, as is in sajd Complaint alledged, and thereupon it was by me, the said justice B. considered, thaJ the said G. F. recognize with one sufficient surety, to the said J. N. in the sum of dollars, conditioned, that lie the said G. F. personally appear before the County Court, to be holden on the Tuesday of A. D. at in and for county, to answer the charges in said complaint, and abide the order of said Court thereon, and stand committed until sentence be performed. And whereas, the said G. F. has neglected to recognize with surety, as afore- JUSTICE OF THE PEACE. 195 said, although a reasonable time hath been allowed to him there- for ; these are, therefore, by authority of the State of Connect- icut, to command you, forthwith to convey the said G. F . to the common gaol in F. in said county, and him, together with this warrant, to deliver to the keeper thereof, who is hereby commanded to receive the said G. F. into his custody, within the said gaol, and him therein safely to keep, nntil he shall be delivered by order of law. Dated at this day of A. D. J. B. Justice of the peace. FORM OF A COMPLAINT, AFTER DELIVERY Oh A BASTARD CHILD, WHICH HAS BECOME CHARGEABLE. To J. B. Esquire, one of the justices of the peace, foi< F. county, comes J. N. of S. in said county, and complains, that on the day of A. D. at said S. she was delivered of a male child, born of her body, and that for more than ten months before, and at the time of the birth of said child, she was a single woman, and that said child war begotten of her body, on or about the day of A. D. at said S. by G. F. of and that at the time of her travail with said child, she was put to the discovery of thq truth, as to who was the father thereof, and that she accused the said G. F. as having begotten said child, of her body, at said on or about the time above mentioned, and that she liar ever continued constant in her accusation of him, as having begot- ten the said child, and that the said G. F. is the father of the said child, and that it was born a bastard, and is now alive and chargeable for its maintainance. Whereupon the said J. N. prays process against the said G. F. that lit. may be arrested, and be dealt with, as by the statute, in such case, made and provided, is directed. Dated at this day of A. D. J. K. (T/M oath the same as in th* preceding.) 196 JHSTICE OF THE PEACL. Bastardy. WARRANT. To the Sheriff of the county of or his deputy, or either of the constables of the town of S. within said county, Greeting : By authority of the State of Connecticut, you are hereby commanded to arrest the body of the above named G. F. .-tnd him forthwith have before me, J. B. Esquire, one ot the justices of the peace for F. county, that he may answer the ioregoing complaint, and be dealt with as the statute, in such case made and provided, directs. Hereof fail not, and of this precept, with your doings thereon, due retu; n make. Dated at this day of A. D. The state duty of thirty four cents is paid hereon, and M. -C . of S. recognized in $ for prosecution, &.c. be- fcre me. J. B. Justice of the Peace.. RECORD. F. count y, K. ^. At a court held on the day of A. D. at in F. county, before J. B. Esquire, one of the justices of the peace forF. county, J. N. of against G. F. of complaint on statute, concerning bastards, and bas- tardy, for that on the day of A. D. at she was delivered of a male child, born of her body, and for more than ten months before, and at the time of the birth of the said child, she was a single woman, and that said child was, on or about the day of A. D. at begotten of her body, by G. F. of and that at the time of her travail with the said child, she was put to the discovery of the truth, as to who was the father thereof, and that she then accused the said G. F. as having begotten the said child, of her body, on or about the time above mentioned, and that she has ever continued con- stant, in her accusation of him, as having begotten the said child, and that it was born a bastard, and is now alive, and chargeable for its maintainance, praying process against the said G. F. that he may be arrested, and be dealt with, as by the statute, in such case made and provided/is directed And the said JUSTICE OF THE PEACE. 197 Bastardy. G. F. being required to make answer unto said complaint, says, he is not guilty, in manner and form, as is in said com- plaint alledged, and thereof puts himself on trial ; and the said J. N. doth the like. And the said justice B. hav- ing anew examined the said J. N. on oath, concerning the matters alledged, iu her said complaint, and heard the evi- dence adduced, and the arguments urged, by the parties, is of opinion, that the said G. F. is guilty in manner and form, as is in said complaint alledged. Whereupon it is consid- ered by the court , that the said G. F. recogaize, with one sufficient surety, unto the said J. N. in the sum of dollars, conditioned, that the said G. F. personally ap- pear before the County Court, to be holden on the Tuesday of A. D. at in and for said county of then and there to answer unto the aforesaid complaint, of the said J. N. and abide the doings of the said County Court thereon* and stand committed until judgment be performed. J. B. Justice of the Peace Recognizance and Mittimus the same as the preceding, mu- ^atis mutandis. SECT. II. COMPLAINT BY SELECTMEN. To J. B. Esquire, one of the justices of the peace for county, comes A, B, & C, selectmen of the town of in said county, in behalf of said town of S. com- plain and say, that J. N. of said S. was on the day of A. D. at S. aforesaid, delivered of a male child, born of her body, and that the said J. N. for more than ten months before, and at the time of the birth of said child, was a single woman, and that said child was Begotten of her body on or about the day of A, D. by G. F. of and that he is the father of said child, and that the same child is a bastard, and that the said J, N. has hitherto omitted, and still doth omit, to bring forward her suit, to recover maintainance for said child, and that tke said chili 198 JUSTICE OF THE PEACE. Bastardy. hath already become chargeable to said town, (or, is likely to become chargeable to said town, as the case may fee.) Where- upon the said selectmen, pray process against the said G. F. that he may be arrested, and be dealt with, as by the- statute, in such case made and provided, is directed. Dated at this day of A. D. ' ) Selectmen of the ' I town of S. If the child is not Born at the time of commencing the prosecu- tion, describe the woman pregnant as mih* complaint by the mother' JUSTICE OF THE PEACE. J99 Replevin. CHAPTER VII. SECT. I. REPLEVIN. ,RPLEV1N is a re-delivery to the owner, by a proper officer, his goods, or chattels, impounded, distrained, attached, seized, or extended. ThiSj the officer does by virtue of a prop- er writ, to him directed. Every man may replevy his cattle, or other goods, and chattels, impounded, distrained, attached, seized, or extended, (unless it be upon execution, after judg- ment, or in payment of fines, and rates, 01 some matter of admi- ralty jurisdiction,) provided he gives sufficient security, to pros ecute his replevin to effect, and satisfy and answer all such dam ages, demands, and dues, as the adverse party, shall by law re- cover against him. Though the statute is thus general, yet in practice, the only cases wherein writs of replevin are issued, are those in which beasts are distrained and impounded, and goods attached on mesne process, and that, by the defendant only. The security required by the statute, must be taken at the time of issuing the writ, by the authority signing it, and to the full amount or value of the goods, or beasts replevied. The writ for replevying beasts distrained, and impounded, beside a com- mand to replevy the bc-asts, contains also a declaration against the distrainor, or impounder^ for taking, and is returnable to some court for trial. But a writ to replevy goods attached, is merely a mandatory precept, directed to the officer who served the at tachinent, and holds the goods, him commanding to re-deliver the same to the defendant, from whom they were taken, and to give 1 notice thereof to the plaintiff. Though at the common law, goods in the custody of the law, tnielit not be replevied, yet our statute supercedes that, and is certainly general enough to give to a stranger, whose goods an: 206 JUSTICE OF THE PEACE. Replevin. attached for the debt of Another, a right to this remedy ; and to arguments against such a construction, drawn from inconvenience, it is believed that the practice of Massachusetts, where such ac- tions were authorised by statute, in 1789, and have ever since been in daily use, is a sufficient answer. Indeed, were such an action to be brought in this state, I cansot perceive any princi- ple, which can prevent its being supported. If my horse is at- tached for my neighbour's debt, it is as literally within the stat- ute, as if attached for my own, and there is certainly much great- er reason why I should not be deprived of my horse for ever, and take such a price for him as others shall set, and even obtain that at great trouble, and expense, than that the real debtor should not be deprived of the use of his horse, while the plaintiff's ac- tion against him, is pending. Replevin lies at the common law, for him who has the general or special property in chattels, against him who has wrongfully taken them, with the only ex- ception of chattels, taken under the colour of, and in the custody of the law. But oar statute has no such general exception, nor any at all which relates to third persons. FORM OF A WRIT OF REPLEVIN OF GOODS AT- TACHED. To J. D. deputy to the sheriff of F. county, Greeting : By authority of the State of Connecticut, you are hereby com- manded, justly, and without delay, to cause to be replevied to 0. F. of his goods, and chattels, now in your pos- session, to wit, (here describe the goods and chattels attached} all which goods, and chattels, were on the day of A. D. at by you attached, by virtue of a certain writ of attach- ment to you directed, in favour of L. M. of against the said G. F. demanding the sum of dated the day of A. D. returnable to J. B. Esquire, jus- tice of the peace for F. county, on the day of A. P. (or, to the County Court, to be holden at in and for county, on the Tuesday of A. D. ) and signed by J. B. justice of the peace : and you are to notify the said L. M- of this \vrit, and your doings thereon, the said JUSTICE OF THE PEACE. 20 J Replevin. G. F. having given sufficient bond to satisfy and pay un- to the said L. M. the value of said goods and chattels, if the damages and costs which he shall recover against him., the said G. F. in said action, amount to such value, before me. Hereof fail not, and of this writ and your doings thereon, make due return, with said original writ as annexed thereto. Dated at the day of A. D. J. B. Justice of the Peace. FOR BEASTS IMPOUNDED. To the sheriff of the county of F. his deputy, or either of the constables of the town of S. within said county, Greeting : By authority of the State of Connecticut, you are hereby com- manded, justly and without delay to cause to be replevied to J. D. of S. his beasts, viz. (here describe the cattle to be replevied} now distrained, or impounded in the common pound in by G. F. of said S. and by him unjustly detained, as it is said : and you are to summon the said G. F. to appear before J. B. Esquire, one of the justices of tb peace for F. county, on the day of A. D. at in said county of then and there to answer unto the said J D.- in a plea ef trespass, wherein the said J. D. complains, that the said G. F. on the day of A. D. in a certain place, called (here describe the place, with- er highway, or close, ) situate in said S. took the said beasts that is to say (here again describe the beasts') and them unjustly impounded and detained, as aforesaid, until this time, to the damage of the said J. D. the sum of dollars, and to obtain restitution of his beasts aforesaid, and recover his said damages, together with his just costs, the said J. D. brings this suit, (the said J. D. having given sufficient bond to prosecute this action to effect, and satisfy such damages, demands, and dues, as the said G. F. shall recover against him.} Hereof fail not, and make due return of this writ, with your doings thereon. Dated at this day of A. D. The state duty of seventeen cents is paid hereon, and 7 P. 20 :ul JUSTICE OF THE PEACE. Replevin. and E. K. recognized in $ for prosecution, &.c. in defence of lavr, at this date, before me. J. B. Justice of the Peace OFFICER'S RETURN. F. count y, ss. S. On this day of A. D. by virtue of Ibis writ, ta me directed, I made replevin to the within named J. D. of the beasts within specified, which the within named G. F. had taken and unjustly detained, according to this writ, a? within to me is commanded. M. C. Constable. WOWRY. F. county, ss. And the said G. F. comes into court, and defend? I he force and injury, when, &c. and avows the taking of the said rattle in the aforesaid place, in which tire said taking is supposed mjustlv, because he says that the said place where the said cat- lie are supposed to have been taken, doth contain, and at the said time when the said taking is supposed, did contain ten acres of mowing land, with the appurtenaces, situate at said S. and at the said time when the said taking is supposed, were the spil and freehold of the said G. F. and because the said cattle at the said time when the said taking is supposed, were depasturing the grass tlipn growing there, and doing damage there ; the said G. F. well avows the taking of the said cattle, in the aforesaid ten acres of land, in which the said taking is supposed, and justly, for doing damage there ; and this he is ready to verify ; wherefore he prays judgment for his damages aforesaid done to him by the said cattle, in manner aforesaid, which the said G. F. saith is dollars, at the least, together with the costs and charges, ia this behalf expended by him, the said G. F. G. F. PLEA IN BAR OF THE AFOWRY. And (he said J. I). sailh that the said G. F. ought not, for the reason by him alledged, to avow the taking the said cattle in the said place where the same were taken, to JTSTiCE OF THE PEACE. Replevin. be just, because be saith that tbe said place where the said cattle ivere, is, and at the time of his taking the said cattle, as aforesaid, was not enclosed with fenee of five rails high, or stone wall four feet high, well and substantially erected, jpor with any olher, fence equivalent to such five rail fence, foi that the front fence thereof separating the said t**n acre.s, wherein said cattle were taken from said highway, is, and then was broken a^d decayed, and altogether unequal to a fence of live rails high, well and sub stantiaily erected ; and that tiie said cattle depasturing and feed- ing on said highway, as well they might, then and there strayed on to said ten acres, for want of such fiout fence of five rails high, or stone >vall of four feet high, or some other fence equiva- lent to ?uch five rail fence, when and where the same cattle were by the said G. F. taken unjustly and impounded, and the sau.e detained until the constable made deliverance of their, to the said J. D. as the said J. D. above com plains against him for the same ; and this he is ready to verify : Wherefore the said J. D. prays judgment, that his dam- jges, by reason of the taking and unjustly detaining of the said cattle, together with his cost in this prosecution, may be adiivJ^- cd to him, by this court. J. D. REPLICATION. And the said G. F. saith, that tho said ten acre.: where the said cattle were taken, was enclosed u'itli stone-wall fyur feet high, well and substantially erected, without that, that the front fence separating Ihe same tea acres wljerein said cattle were taken, from said highway, is, and then was broken and de- cayed, and altogether unequal to a fence of live rails high, am. hereof he puts himself on tbe court. G. F. And the said J. D. doth the like, J. D. JUDGMENT AND RECORD. F. county, ss. S. At a court held on the day of A. D. at S. in said county of F. before J. 13. Esquire, one of the justices of the peace for said county, J. D. of against G. F. of in an action of u'plevm 204 JUSTICE OF THE PEACE. Replevin. of certain cattle of the said J. D. taken and impounded by the said G. F. the said G. F. avows the tak- ing of the cattle, damage feasant, in ten acres of his mowing ground, situate at a place called in said S. and the said J. D. pleads in bar of the avowry of said G. F. because of the insufficiency of the fence enclosing said ten acres, and the said G. F. travesses the insufficiency of said fence, and thereof puts himself on tliu court for trial ; and the ?-aid J. D. doth the like : all which fully appears by the writ, declaration, and pleadings, in the case on file. The said justice B. having fully heard the evidence adduced and the arguments urged by the parties, finds that the said front fence, separating the said ten acres from said highway, is, and then was at the time of said taking of said cattle by the said G. F. broken down, decayed, and altogether unequal to a fence of five rails high, and that the said J. D. is damaged, by taking of the said cattle, the sum of : whereupon it is considered, that the said J. D. recover of him, the said G. F. the sum of damages, for the taking and impounding said cattle, together with his cost, taxed at and that execution issue therefor accordingly. J. B. Justice, of the Peace. NOTE. (If the issue is found for the defendant, the form may be thus.} , finds that the said front fence, separating the said ten acres, in which the cattle were taken, from said highway, is not, nor was, at the time of taking of said cattle by the said G. F. broken down, nor decayed, but is, and then was equiva- lent to a five rail fence, and the said G. F. suffered dam- age from said cattle the sum of Whereupon it is consider- ed, that the said G. F. recover of the said J. D. the sum of for his damages done by said cattle, in said ten acres of mowing, together with his cost, taxed at and that execution issue therefor accordingly. J. B. Justice of the Peace. JUSTICE OF THE PEACE. 205 Replevin. FORM OF A WRIT AMD DECLARATION, In replevin by the orvner t rvhere his goods or chattels are attached, taken, or held, as the property of another t or "without any legal process whatever. To the sheriff of the county of F. his deputy, or either of the constables of the town of within said county, Greeting : By authority of the State of Connecticut, you are hereby com- manded, justly, and without delay, to cause to be replevied un- to J. D. of his goods and chattels, following, t wit, (here enumerate and particularly describe them') now at- tached, (or taken as the case may 6e) and detained by G. F. of S. at in said S. anlers the. same are lax- en as the property of the said J. D. -upon execution after judgment, or for fines, or rates, or some matter of admiralty ju- risdiction. And summon the said G. F. to appear be- fore J. B. Esquire, one of the justices of the peace for said county of F. on the day of A. D. at his dwelling house in said S. then and there to answer un- to the said J. D. in a plea of replevin, for that the said G. F. on the day of A. D. at said S. unlawfully, and without any justifiable cause, took the goods and chattels of the ?aid J. D. and them unlawfully detained to this day, to the damage of the said J. D. the sum of dollars, (the said J. D. having given good and sufficient security to prosecute his replevin to effect, and to sat- isfy and answer such damages, demands, and dues, as the said G. F. shall by law recover against him.) Hereof fail not, and make due return, ^c. Dated at th,is day of A. D. The state duty of seventeen cents is paid hereon, and J. P. and E. F. recognized in $ for prosecu- tion, &c. beforo me. J. B. Jniiict oflh* Peace. JUSTICE OF THE PEACE, Mittimus ,fpr want of Bail. CHAPTER VIII. SECT. I. MITTIMUS, Where thtt body .of a defendant has been taken on an attachment., and he refuses, or neglects to procure bail. T O M. C. a constable of the town of S. m JFi county, and to the keeper of the gaol in F. iu said county, Greeting : Whereas it appears to me L. L. Esquire, a justice of the peace for said county, that the body of G. F. of is attached by you the said constable, by virtue of a writ of at- tachment, issued in favour of J. P. of said S. against him the said G. F. directed to the sheriff of the county of F. his deputy, or either of the constables of S. within Raid county of F. demanding the sum of dollars, returnable before J. B. Esquire, a justice of the peace for said county, on the day of A. D. at his dwelling house in aforesaid, dated at on the day of A. D. and signed by L. L. a jus- tice of the peace for said county of F. And whereas it al- so appears to me, the subscribing justice L. L. that the said G. F. neglects and refuses to give bail for his ap- pearance before the said justice B. according to the require- ments of said writ, although a reasonabje time hath been allow- ed to him therefor. These are therefore, by authority of the State of Connecticut, :o authorise you the saidconstablej to convey the said G. F. to the gaol in F. in said county of F. and there to deliver him the said G. F. together with this precept, to the said keeper of said gaol. And you the said keeper, are hereby required to receive him the said G. F. into your custody, in said gaol, and him therein safely keep, until he shall be delivered by order of law. Dated at this day of A. D. JL. L. Justice of the Peace. JUSTICE OF THE PEACE. 207 Mittimus for want of Hail. SECT. II. To R. R. of in F. county, a deputy to the sheriff of said county, and to the keeper of the gaol in F. in said county, Greeting : Whereas it appears to me, L. L. Esquire, a justice of the peace for said county, that the body of G. F. of in said county, is attached by yoti, the said deputy sheriff, by virtue of a writ of attachment, issued in favour of J. D. against the said G. F. directed to the sheriff of the coun- ty of F. his deputy, or cither of the constables of the town of within said county, demanding dollars, returnable to the County Court, to be held on the Tuesday of A. D. at in and for the county of dated the day of A. D. and signed by J. B. a justice ot the peace for said county of And vvherras the said G. F. refuses and neglects, to give bail for his appearance be- fore said County Court, according to the requirements of said writ, though a reasonable sime hath been allowed to him therefor. These are therefore, by authority of the State of Connecticut, \o authorise you the said deputy sheriff, to convey the said G. F. to the gaol in F. in said county of F. and him there, with this precept, to deliver to the said keeper there- of, and you the said keeper, are hereby required to receive the said G. F. into your custody, in said gaol, and him there- in safely keep, until he shall bo therefrom delivered by order of Taw. Dated at this day of A. D. J, P. Jwtfic* of Ike PfOff 208 JUSTICE OF THE PEACE, Judgment and Picas. CHAPTER IX. F JUDGMENT AND PLEAS. OF NON-SUIT. County, ss. S. At a court held the day of - A. D. at in county, before J. B. Esquire, one oi the justices of the peace for said county, J. D. of against G. F. of in an action of book debt, the de- fendant appeared, and tine plaintiff being three times called, did not appear ; whereupon it is considered by the court, that the defendant be no longer holden, to make answer in said action., and that he recover his cost, taxed at against the plaintiff, and that execution issue therefor accordingly. J. B. Justice fifths Peace. ON DEFAULT The plaintiff appeared, and the defendant being three times called, did not appear, whereupon it is considered by the court, that the plaintiff recover of the defendant, the sum of dam- ages, together with his cost, taxed at and that execution issue therefor accordingly. J. B. Justice of the Peace. PLEA, TO THE JURISDICTION OF THE COURT. F. County, ss. S. On the day of A. D. the defendant conies, and prays the opinion of the court, whether it will take cogni- sance of the plaintiff's s-aid action. For that the same is an ac- tion of trespass, with force and arms, and the sum therein de- manded of the defendant, is twenty dollars, and this he is ready to verify, and hereof prays judgment, &c. G, F. JUSTICE OF THE PEACE. Judgment and Pleas. DEMURRER. And the plaintiff replies to llie defendant's plea, above plead- ed, and says, that the same, and the matters therein contained, are insufficient in the law, and hereof prays judgment, &c. ;':**$ J. D. And the defendant rejoins, and says, that his plea above plead- ed, and the matters therein contained; are sufficient in the law, ami hereof prays judgment. G. F. JUDGMENT. F. County, ss. S. At a court held on the day of A. D. at iu aaid county, before J. B. Esquire, one of the justices of ihe peace for said county, J. D. of against G. F. of in an action of trespass ; the defendant pleads to the jurisdiction of the court, because the plaintiff, in his ac- tion, demands twenty dollars of the defendant ; the plaintiff de- murs to the defendant's plea, and the defendant joins in demur- rer ; all which more fully appears by the vrif, and pleadings, in this case on file. The court having duly heard and well weighed the arguments of the parties respectively, considers, that the defendant's said plea, and the matters therein contained, m sufficient, and that the defendant recover his cost, taxed at against the plaintiff, and that execution issue therefor ac- cordingly J. B. Justice cf the peace. NOTE. . If the plea to the jurisdiction on an abatement be con- sidered insufficient, the judgment will, run thus, after the -ssord con- tained ; are insufficient, and that the defendant answer over to the action. PLEA 'IN ABATEMENT. The defendant comes into court, and pleads and says, that the plaintiffs writ and process ought to abate and be dismissed, for the defendant says, that the plaintiff's said writ was issued b\ the authority who signed the same, on the first day of be- tween lte dawning of the saine day and the rising of 1h 27 -JUSTICE OF THE PEACE. Judgnica* and 1'jca- therton, while a man's countenance might have been discerned by the light of the sim ; and that the same writ was served on the defendant on the same first day of during the twilight, after the setting of the sun, while a man's countenance could have been discerned by the light thereof; and that the same first day of was the first day of the week, the sabbath and Lord's day, and that said writ was at no other time either issued or served than as aforesaid ; and this the defendant is ready to ver- ify, and thereof prays judgment that the plaintiff's said writ and process may abate and be dismissed, and the defendant be no lonevr holden to make answer thereto. G. F. DEMURRER. And the plaintiff' says, that the defendant's plea above plead- ed, and the matters therein contained, are insufficient in the Jaw, judgment, &.c. J. D. And the defendant says, his said plea and the matters therein contained are sufficient rn the law, judgment, &c. G. F. PLEAS IX CHIEF. F. county, ss. S. The defendant in court, defends, pleads, and says, that ho never promised the plaintiff, in manner and form, as is in his leclaration alledged, and hereof puts himself on trial. And by special leave of the court, the defendant further pleads and says. that the plaintiff ought not to have and maintain his said action s but thereof ought to be barred, for that the defendant says, tha 1 before the date and impetration of the plaintiff's writ, viz. on at he paid to the plaintiff, and the plaintiff received oftht defendant, the sum of twenty dollars, on said note. And that as to the residue of said note, and the sum remaining due thereon, the defendant says, that before the date and impetration of the plaintiff's writ, to wit, on the day of A. D. it was ac- corded and agreed, by, and between the plaintiff and defendant, it said that the defendant should then and there deliver. JUSTICE OF THE PEACE. ~'U to tae plaintiff two tickets in the class ofthc Washington bridge lottery, in full satisfaction of the sum then remaining due on said note, and unpaid ; and that the defendant did then and there in pursuance of said accord, deliver to him, the plaintiff two tickets in the said class of the said Washington bridge lot- tery, in full satisfaction of the sum then due on said note, and un- paid ; and that the plaintiff then and there received of him the defendant the said two tickets, last mentioned, in full satisfaction of the sum then due on said note, and unpaid ; all which the de- fendant is ready to verify, and hereof prays judgment, &tc. G. F- And as to the plea of non-assumpsit, the plaintifflikewise puts himselfon trial, and replies to the defendant's plea in bar, by special leave of the court above pleaded, and says, that any thing therein contained, notwithstanding he ought not to be barred, without that, that the defendant before the date and inspection of the plaintiff's writ, to wit. on the day of A. D. made payment of the sum of twenty dollars to the plaintiff on said note, and without that, that the plaintiff then and there received of him, the defendant, the said sum of twenty dollars, in payment of so much money on said note, and this he prays may be enquired of by the court. And as to the rest and residue of the defendant's said plea in bar, the plaintiff says, that the same and the matters therein con- tained, are insufficient in the law, and hereof prays judgment, &c. J. D. JUDGMENT. F. county, ss. S. At a court held on the day of A. D. at iu county, before J. B. Esquire, one qf the justices of the peace for said county, J. D. of r.gainst G. F. of action of assumpsit on note, demanding thirty five dollars ; the defendant pleads, first, non-assumpsit, on which issue is joined by the plaintiff, and by special leave of the court, the de- fendant further pleads in bar, payment before the date, and im. 212 JUSTICE OF THE PEACE. Jud^iii' ;n nnd Ple;-s. petration of the plaintiff'? writ of twenty dollars, on the note, on which, &c. and as to the residue of said note, and the sum re- maining due thereon, the defendant pleads an accord with satis- faction by the delivery and receipt of two tickets in Washing- ton-bridge lottery, and the plaintiff traverses the payment of said twenty dollars, and, as to the accord, demurs ; the defendantjoins the issue on the payment of the twenty dollars, and joins in the demurrer to the accord pleaded ; all which more fully appears by the declaration and pleadings in the case on file. The court having beard the argument? urged by the council for the parties upon the issue in law, is of opinion, that the defendant's plea in bar, settin*, forth an accord, with satisfaction, and matters therein contained, nre sufficient in the law : whereupon it is considered by the court, that the defendant be no longer holden to make answer in the action, and that he recover his costs, taxed at the pum of and that execution issue therefor accordingly. J. B. Justice of the Peace. NOTE. Where there are issues loth in fact ^ find in la's:, it it proper that the issues in Jars be first determined ; and if they cov- er the whole of the case, it renders useless a hearing on the issues in fact. If the demurrer in the above form had been decided in favor of the plaintiff", the. issue in fact, would hare been next in order to be determined, in the form following, riz. Having heard the evidence adduced and the arguments urged by the parties, on the issue of non-assumpsit, the said justice B. finds, that the defendant did assume, and promise, in manner and form, as is in the plaintiff's declaration alledged ; and also finds, that there is the sum of due on said note whereupon it is considered, that the plaintiff recover of the de- fendant the sum of damages, and his cost, taxed at and that execution, &c. If the issue on non-assumpsit be found in favor of the defen- dant, thejorm is,- , finds that the defendant did not assume and promise, in manner and form, as is in the plaintiff's declara- tion alledged : whereupon it is considered by the court, that the defendant recover his cost, taxed at of the plaintiff, and lhat execution issue, &c. JUSTICE OF THE PEACE. Judgment and Pleas. The issue on non-assumpsit being found for the defendant, puts an and to the case ; but if found for the plaintiff, then the issue on the payment of the twenty dollars, as set forth in the plea in bar, becomes material in assessing the damages, and the form is as follows, to wit. Having heard the evidence adduced, and arguments urged by the parties, upon the issues in fact, between the parties, the said justice B. finds, that thq defendant did assume, and pro- mise, in manner and form, as is in the plaintiff's declaration al- ledged ; and that on the day of A. D. the defendant paid to the plaintiff the sum of twenty dollars on said note, and feat there is now due upon said note the suin of whereupon it is considered by the court, that the plaintiff recover of the de- fendant the sum of damages, and his cost, taxed at and 4hat execution iuc therefor accordingly. TROVER, PLEA, OF NOT GUILTY. The defendant in court defends, pleads, and says, that he is not guilty, in manner and form, as in the plaintiff's declaration is alledged ; and hereof puts himself on trial, G, F. And the plaintiff likewise. J. D. JUDGMENT FOR PLAINTIFF. F. county, ss. S. At a court held on the day of A. D. at in said county, before J. B. Esquire, Justice of the peace in (he county aforesaid, J. D. against G. F. in an action of trover, plea not guilty, and issue joined thereon, as more fully appears, by the declaration and pleadings, in the case on file. Having heard the evidence adduced and arguments urged by the parties, the said justice B. finds, that the de- fendant is guilty, in manner and form, as is in the plaintiff's de- claration alledged ; and also finds, that the goods and chattels therein described, and by the defendant converted, were at the time of said conversion, to wit, on the day of A. D. of the vain? of , whereupon it is considered, that the plain JUSTICE OF THE PEACE. Judgment and Pleas. tiff recover of the defendant the sum of damages, and his cost, taxed at and that execution issue therefor accordingly. J. B. Justice of the Peace. PLEA. Of several defendants in trespass, for taking goods and chattels. The defendants in court, severally defend, plead, and say, that they are not guilty, in manner and form, as is in the plain- tiff's declaration alledged, and hereof each puts himself on trial. A. B. \ C. D. f E. F. ( Defendants G. H. ) And the plaintiff likewise L. M. Plaintiff. JUDGMENT. F. county, ss. S. At a court, &,c. J. D. against A. B. C. D. E. F. and G. H. in an action of trespass for taking plaintiff's goods, and chattels, demanding dollars, &.c. Defendants severally plead not guilty, on which issue is joined by tne plaintiff, all which more fully appears by the declaration, and pleadings in the case, on file. Having heard the evidence adduced, and the arguments urged, by the parties, the said justice B. finds, that, as to the taking and carrying away the horse, in the plain- tiff's declaration described, the said A. B. and C. P. are guilty, in manner and form, as is in the plaintiff's de- claration alledgt-d ; and that the plaintiff is thereby damaged the sura of dollars, and that the said E. F. and G. H. are not guilty, in manner and form- as is in the plaintiff's declaration alledged : Whereupon it is considered by the court, that the plaintiff recover of the said A. B. and C. D. the sum of damages, together with his cost, taxed at and that execution issue therefor accordingly : and that the said E. F. and G. H. recover of tlie plain- tiff their cost, taxed at and that execution issue therefor accordingly. JUSTICE OF THE PEACE. 216 Juiigrnu-nt and Pleas. PLEA, OF OWE NOTHING, IN BOOK DEBT. The defendant in court, defends, pleads, and says, that he owes the plaintiff nothing, in manner and form, as is in the plain- tiff's declaration alledged, and hereof puts himself on trial. G. F. And the plaintiff likewise, J. D JUDGMENT FOR PLAINTIFF. F. county, ss. S. At a court, &tc. J. D. against G. F. in an action of book debt demanding dollars; the defend- ant pleads that he owes nothing, &.c. on which issue is join- ed by the plaintiff, all which more fully appears hy the decla- ration and pleadings in the case on file. Having examined the account, heard the testimony of the parties, and other evidence, and all the other circumstances, by them adduced, and well weighed and considered the whole, together with their argu- ments respectively urged, the said justice B. finds, that the defendant owes to the plaintiff the sum of in manner and form, as is in the plaintiff's declaration alledged : whereupon it is considered by the court, that the plaintiff recover of the de- fendant, the sum of dollars, damages, together with hi* rost, taxed at and that execution issue, &c. &OR DEFENDANT. Jlfter the imord finds, say, that the defendant does not owe to 1 the plaintiff in manner and form, as in the plaintiff's declaration is alledged : whereupon it is considered by the court, that the de- fendant recover his cost of the plaintiff, taxed at dollars : and that execution issue therefor accordingly. J. B. Justice of the Peace. NOTE. If there appears to be a balance due to the defendant, f more than fifteen dollars, the form of the judgment is as fol- lows, viz. , finds, that the defendant does not owe the plaintiff, in manner snd form, as is in the plaintiffs declaration alledged ,- and that the plaintiff is in arrear to the defendant, in a sum of 216 JUSTICE OF THE PEACE. Judgment and Pleas. more than fifteen dollars ; whereupon it is considered by the court, that the defendant recover his cost of the plaintiff, taxed at and that execution, &c. If the balame due to the defendant, does not exceed fifteen dol- lars, tlt&n the form of the judgment, after expressing the amount found, is, whereupon it is considered by the court, that the de- endant recover of the plaintiff, the sum of together with his cost, taxed at, c. PLEA 0*' FULL PAYMENT OJV r A NOTE. , defends, pleads, and says, that the plaintiff, of having and maintaining his said action, ought to be barred ; for that the de- fendant says, that after the time of his giving the said note to the plaintiff, and before the date arid impetration of the plaintiff's writ, to wit, on the day of A. D. at the de- fendant paid to the plaintiff the sum of which said sum, so paid, was the full amount of the sum then and there due on sale: note ; and this the defendant is ready to verify ; arid thereof prays judgment, &.c. G. F. SPECIAL DEMURRER. And the plaintiff replies to the defendant's plea, above plead- ed, and says, that any thing in the defendant's said plea, notwith- standing, he ought not to be barred, for that the plaintiff says, that the defendant's said plea, and the matters therein contained, are insufficient in the law, and for special cause of demurrer, in law, saith, that the said plea amounts to the general issue, and nothing more, and thereof prays judgment, &c. J. D. REJOINDER. And the defendant rejoins, and says, that this said plea n: bar, as above pleaded, and the matters therein contained, are sufficient in the law. judgment. &c. G. F JUSTICE OF THE PEACE. Judgment and Picas. JUDGMENT. F. county, ss. S. J. D. of against G. F. of action of assumpsit on note ; defendant pleads in bar, full payment, be- fore action brought : plaintiff demurs, and for cause says, it amounts to the general issue, defendant joins in demurrer, all which more fuHy appears by the declaration and pleadings in the case on file. Having heard the arguments of the council for the parties, it is the opinion of the court, that the defendant's plea in bar, as pleaded, is sufficient in the law : whereupon it is considered, that the defendant recover his cost against the plain- tiff, taxed at and that execution issue therefor accor- dingly. J. B. Justice of the Peace. NOTE. Though according to long practice, in this State, a plea of full payment to an action on note, has been deemed good, yet it is somewhat difficult to conceive how the practice was in- troduced, as by the common law, as well as by our own statute, it may at all times have been given, in evidence upon the general is- sue o/"non-assumpsit. It is to be presumed, that pleas, full pay- ment, as welt of non est factum to notes, will gradually go into disuse. RECOGNIZANCE. Or confession of debt* 6n book, and judgment the /eon. F. county, ss. S. Be it remembered,, that on the day of A. D. personally comes before me, J. B. Esquire, one of the justices of the peace for F. county, at in said county, G. F. of aforesaid, and confesses and ac- knowledges that he owes and is indebted unto J. D. of in the sum of dollars and cents, to ballance book accounts ; whereupon it is considered, by me, the -said jus- * If the debt due, whether by bo6k, note, or otherwise, exceeds seventy dollars, the justice cannot render a judgment upon it unless it, be divided into two, or more note?, and confession taken to each, separately. 218 JUSTICE OF THE PEACE. Judgment and Picas. justice B. that the said J. D. recover of thcTsait! G. F. the sum of dollars and cents, debt, together with his cost, taxed at the sum of and that execu- tion issue therefor accordingly. OJV NOTE. , and confesses and acknowledges, that the sum of dollars and cents, is now due and unpaid, upon a certain writing or note, under Ins hand, by him well executed, dated the day of A. D. for the sum of dollars and cents, (with interest, or without, as the case may be,} pay- able unto J. D. of on demand, (or at any other time, as the case maybe;} whereupon it is considered, that the" said . I. D. recover of him the said G. F. the said sum of dollars and cents, so as aforesaid acknow- ledged to be due and unpaid, together with his cost taxed at and that execution, $-e . FORM OF EXECUTION, On judgment rendered on confession of debtor. To the sheriff, &c. Greeting : Whereas J. D. of recovered a judgment against G. F. ofupon his confession and acknowledgment, before me, J. B. Esquire, one of the justices of the peace for F. '-county, on the day of A. D. for the sum of dollars and cents, debt, and for the sum/>f dollars and cents, costs of suit, whereof execution remains to be done. These are, therefp^?, &c. (as in comma* form.} JUSTICE OF THE PEACE. Depositions. J. CHAPTER X. DEPOSITIONS. FORM OF DEPOSITION. D. of of lawful ago, deposeth, and saith that on the day of A. D. the deponent at summon- ed G. F. of by reading a summons, directed to any indifferent person to serve and return, datod the day of A. D. and signed by J. B. Esquire, justice of the peace, requiring him the said G. F. to appear before the said justice B. on the day of A. D. at o'clock, in the noon, at his dwelling houso in said then and there to testify his knowledge in an action pending in the Superior Court, now in session, at in and for the county of between R. R. plaintiff, and L. L. defendant, and tender- ed the said G. F. the sura of . as his fees for travel- ling and attendance, and further saith not. J. D. FORM OF CAPTION. F. county, ss. S. On the day of A. D. the aforesaid J. D. was examined, cautiffned, and sworn, agreeable to law, to the foregoing deposition, taken at the request of A. B. to be used in an action now pending between him and C. D. before (here name the court, justice, rtferrees, or arbitrators] and the adverse party was present, (or, was notified, and not pre- sent ; or, living more than twenty miles from the place of cap- tion, was not notified.) The deponent living more than twenty miles from toe place of trial, (or, being about to travel out of the state, and be absent from if, at the time of trial) (or, bound on a voyage to sef,) (or, being so sick,)' (or, being so infirm) (or. 220 JUSTICE OF THE PEACE, Depositions. being so aged, as to be unable to travel and attend at the trial) is the cause of the taking of this deposition, sworn before, and certified by me. J. B. Justice of the Peace. SUPERSCRIPTION. To the honourable court, to be holden at in and for county, on the Tuesday of A. D. the deposition of J. D. in the case of A. B. against C. D. taken and sealed up this day of A..D. at * in county, by me. J. B. Justice of the Peace. If the trial is before a justice of the peace, direct the deposition, ToJ. B. Esquire, justice of the peace, for county, the deposition of J. D. in a case pending before said justice, on the day of A. D. between A. B^ and 0. P taken and sealed up, &c. as before.. JUSTICE OF THE PEACE. 221 By Ex'rs. or Adm's. by order of Court, of Probate. CHAPTER XI. FORMS OF DEEDS. OF EXECUTORS OR ADMINISTRATORS OF LAND, SOLD BY ORDER OF THE' COURT OF PROBATE, TO PAY DEBTS. K _NOW all men by these presents, that I, J. D. of in the county of executor of the last will and testament of G. F. late of deceased, (or administrator of the estate of G. F. late of deceased, intestate,) by vir- tue of an order of court of probate, for the district of me directing to sell, at public vendue, so much of the real es- tate that was of the said G. F. deceased, as shall be suf- ficient to raise the sum of dollars, and cents (being the amount of debts and demands against the said estate, exceeding the personal estate,) with incidental charges ; and in considera- tion of the sum of dollars and cents, received to my full satisfaction of L. M. of in said county, do grant, bargain, sell, and confirm, unto the said L. M, all the right, title, interest, claim, and demand, which the said G. F. had at the time of his decease, in and to (here describe the es- tate sold, as well buildings, as /ant?,) (he the said L. M. being the highest bidder, for the described premises, when of- fered for sale at a public vendue, held on the day of A, D. at in said county, for the sale of the same, in pur- suance of said order.) To have and to hold the said granted and bargained premises, with the appurtenances thereof, unt him the said L. 1VT. his heirs and assigns, to his, and their own proper use and benefit, forever. And I, the said J. D. as executor, (or administrator,) aforesaid, do hereby covenant with him the said L. M. his heirs and assigns, 'hat I have lull ppwer and authority, as executor, (or administra- ?2 JTTfiTTCE OF THE PEACE. Deeds by >u-i--<'j'.,n, who sells , iinor's Land. tor,) aforesaid, to grant and convey the described premises, in manner and form aforesaid, and for myself, my heirs, execu- tors, and administrators, do further covenant to warrant and de- fend the same to him the said L. M. his heirs and assigns, ag, inst the claims of any person or persons whomsoever, claim- ing by, from, or under me, as executor, (or administrator) afore- said. In witness whereof, 1 have hereunto set my hand and <~ea!.. this day of A. D. J. D. administrator of the estate of i i G. F. deceased. ' ' [ Signed, sealed, and delivered, in presence of BY GUARDIAN, WHO SELLS MINOR'S LAND. Know all men by these presents, that I, J. D. of in the county of guardian to G. F. a minor, under the age of twenty one years, by virtue of licence and authority to me granted by the court of probate, for the district of (I having given bond with surety to him as the law directs,) to sell the real estate of ?aid L. M. situate in and con- sisting of (here describe the estate sold,} and for the consideration of dollars received to my full satisfaction ofL. D. of do grant, bargain, sell, and confirm unto the said L. D. the above described estate of the said G. F. a minor, as aforesaid ; the said L. D. being the highest bidder for the same, when offered for sale at a public vendue, held on the day of A. D. at in said county, for the sale of said described premises, in pursuance of said licence and authority of aaid court of probate. To have and to hold the said granted and bargained premises, with the appurtenances thereof, to the said L. D. his Leirs and assigns, and to his and their only use and behoof, for ever. And I the said J. D. as guardian aforesaid, do covenant with the said L. D. his heirs and assigns, that I have full power, and authority in said capacity, to grant and convey the described premises, in manner and form, aforesaid. And I for myself, my heirs, executors, and administrators, do JUSTICE OF THE PEACE $23 Mortgage Deed. further covenant to warrant the same to him the said L. D. his heirs and assigns, against the claims of any person or persons whatsoever, claiming by, from, or under me, as guardian afore- said. In witness whereot, I have hereunto set my hand and seal, this day of A. D. J. D. Guardian to / \ G. F. a minor. V, SE L> / Signed, sealed, and delivered in presence of F. county, ss. S. On the day of A. D. personally appeared J. D. signer an sealer of the foregoing instrument, and ac knowledged the same to be his act and deed, before me. J. B. Justice of the Peace. MORTGAGE DEED. Know all men by these presents, that I, J. D. of In the county of for the consideration of received to my full satisfaction of G. F. of do give, grant, bargain", sell, and confirm, unto the said G. F. (here describe the estate Mortgaged,} to have and to hold the premises aforesaid, with all their appurtenances, unto him the said G. F. his heirs and assigns, to his, and their own proper use and benefit, for ever. And I, the said J. . D. do, for myself, my heirs, executors, and administrators, covenant with the said G. F. his heirs, and assigns, that until the ensealing of these presents, I am well seized of the premises as a good indisposa- ble estate, in fee simple, and have good right to bargain and sell the same, in manner and form, as is above written ; and that the same is free of all incumbrances whatsoever, and do here- by bind myself and my heirs, for ever, to warrant and defend the same premises to him the said G. F. his heirs, and assigns, against all lawful claims, and demands, whatsoever ; provided always, and upon condition, that if the said J. D. his heirs or assigns, do well and truly pay, or cause to be paid to the said G. F. his executors, administrators, or assigns, the amount which shall be due on one certain note of hand, lor the sum of bearing date on th^ day of A. D 224 JUSTICE OF THE PEACE. Mortgage Deed. -signtd by the said J. D. and payable on demand (or any other time,) \\ ith interest, to the said G. F. ' accord- ing to the tenor thereof, then the above deed is to be null and void, otherwise to be and remain in full force and virtue, in the law. In witness whereof, I have hereunto set my hand and seal,- this day of A. D. Signed, sealed, and delivered, > J D (SEAL ^ in presence of { \ 'i F. county, ss. S. On this day of A. D. personally appeared J. D. signer and sealer of the foregoing instrument, and ac- knowledged the same to be his act, and deed, before me. J. B. Justice of the Peace. JUSTICE: OF THE PEACE. 225 Indenture. A Father binding his Child. CHAPTER XII. INDENTURES OF APPRENTICESHIP, i* A Father Binding his Child. r flp f HIS Indenture, made this day of ia the year of our Lord between J. D. of father of L. L). his son, a minor, under the nge of twenty one years, of the^orte part, and G. F. of of the other part, witnesseth, that the said J. D. hath placed and bound his said son L. D. an apprentice to the saidG. F. to be instructed in the art, mistery, trade, and occupation of which the said G. F. now uses, and to live with, and serve him as ah apprentice, from the day of the date hereof, until he, the said L. D. shall arrive at and be of the age of twenty one years, which will happen on the day of A. D. if the said L. D. so long lives ; all which time the said L. D. as an ap- prenlicte, shall faithfully serve, and be just and true unto him, the said G. F. as his master* and his secrets keep, and his lawful commands everywhere willingly obey : he shall do no injury to his said master, in his person, family, property, or otherwise ; nor suffer it to he done by others : he shall not em- bezzle, nor waste the goods of his said master, nor lend them, without his consent : he shall not play at cards, or other unlaw- ful games, nor frequent taverns, or tipling houses, or shops, c.v cept about his master's business, there to be done : he shall not commit fornication, nor contract marriage, nor at any time, by day or night, absent himself from, or leave his said master's service, without his consent ; but in all things, as a good and faithful apprentice) shall and will behave, and demertn himsell to his said master, and all his during the time aforesaid, And the said G. F. on his "part, for the consideration of the prem- ises, doth covenant, and agree, to, and with the said father and 29 JUSTICE OF THE PEACE. Indenture. By Guardian with, and without Property. -on, each by himself, respectively and jointly, to teach and in- struct ihe said L. I). as bis apprentice, or otherwise ' cause him to be well and sufficiently instructed and taught, in the art, mystery, trade, and occupation of after the best Vvay and manner that he can ; and to teach and instruct him the said apprentice, or cause him to be taught and instructed, to read and to write, and in arithmetic, as far as (or, for the term of as the parties shall agree,} and instruct him 'in religion, and morals, and cause him regularly to attend public voi^bip on the Lord's day, annual fast and thanksgiving-days ; ;md permit him so to do on other days of public worship, in the congregation whereto he belongs. And that the said master will provide for, and allow to his said apprentice, meat, drink, cashing, lodging, and apparel, for summer and In winter, on common, and on holy days, and all other necessaries, in sickness ,md in health, proper ami convenient for such an apprentice, during the time of his apprenticeship ; and at the expiration thereof, shall and will give to said apprentice a good bible, and insert such other things, as is agreed upon, between the par- In witness whereof, the said parties have hereunto in- terchangeably sut their hands and seals, the day of A. D. Signed, xeale d, and delivered, > J. D. (SEAL; in presence of iif, G. . F. (SEAL') .rks above fur in improper to be used by a guardian, who hai, : L'M property of his ~xard in his hands to indemnify himfrojn './s covenants, by -using- ihe word Guardian, inplace of Father, and ward, in place of son. FOAM OF INDENTURE BY GUARDIAN, WITHOUT PROPERTY. This indenture uuide this day of A. D. between D. of guardian to L. M. an orphan mi- nor, under the age of twenty one years, of the one part, and G. F. of the other part, witnesseth, that the said guardi- an has placed and bound the said L. M. his ward, an JUSTICE OF THE PEACE. Indenture. Iy Select- Men. apprentice to the said G. F. to be taught the art, I mistery, and and occupation of which the said G. F. now uses, and to live with, and serve him, as an appren- tice, from the day of the date of these presents, until he shall In. of the age of twenty one years, which as the said guardian is informed, and believes will happen,- on the day of A. D. if the said L. M. so long lives. And the said guardian doth, by these presents, give unto him, the saidG. F. all the authority, powers, and rights, over the said L. M. which by the laws of this state a master hath over an in denturod apprentice, for, and during said term of his appren- ticeship. And the said G. F. in consideration of < iio foregoing, doth promise, covenant, and agree to, and with the said guardian, and ward, each by himself, respectively", an*! jointly'', (as in the preceding form of indenture, wherein a sen .. bound by his father.} FORM OF INDENTURE BY SELECTMEN, 7?/AY- 7,VG OUT A POOR BOY. This indenture made this clay of A. D. between A. B. C. D. and E. F. Selectmen of the town of with the assent of J. B. Esquire, the next justice of the peace for said county, of the one part, and G. F. of the other part, witnesseth, thrtt the said select- men have, by, and with the assent of the said justice B. placed and bound out L. M. a poor boy, a legal inhabi- tant of said town, and who is exposed to want and distress, an apprentice to the haid G. F. to be taught the art, trade, misterv, and occupation of which the said G. F. now uses, and to live with him, and serve him, ns an ap- prentice, from the day of the date ofthese presents, until the, said apprentice shall arrive to, and be of the age of twenty one years, which as tne said selectmen are informed, and believe, will happen on the day of A. D. if the said L. M. so long lives. And the said selectmen do by these pre- sents, give unto him the said G. F. all the authority power, and lights, to, and over the said L. M air.l \-<- JUSTICE OF THE PEACE. Indenture. By Selectmen. service during said term, which by the laws of this state a mas- ter hath, to, and over a lawfully indentured apprentice, tor and during the time of his apprenticeship. And the said G. F. on his part, in consideration thereof, doth promise, cov- enant, and agree, to, and with the said town of and with the said poor boy, each hy itself and himself, respectively, (as in the preceding form where a son is bound by his father,} When a female is the subjuct of indenture, instead (/twenty one years of age, say, eighteen years of age, unless a shorter term ?.s agreed upon between the parties, in which case, whether the ap- prentice be male, or female, express the time in years, and months, or to any j.-criod of age, short of twenty one years, or if a female, short of eighteen. Form -when a Boy is bound out til', fourtc.cn years of age, ly Selectmen. This indenture, made this day of A. D. be- tween A. B. C. D. and E. F. select- men of the town of in county, with the assent of B. Esquire, the next justice of the peace for said county, of the one part, and G. F. of of the other part, witnesseth, that the said selectmen, with the assent ofthesaid justice B. have put, placed, and bound out L. M. a poor boy, a legal inhabitant of said town, and exposed to want and distress, a servant unto the said G. F. to live with, and serve him, the said G. F. from the day of the date of these presents, until the said L. M. shall come to be oi the age of fourteen years, which, as the said selectmen are in- formed, and believe, will happen on the day of A. D. if the said L. M. so long lives. And the said se- lectmen do, by these presents, give to the said G. F. all the rights, authority, and power, to, and over the said L. M. during said term, winch, by the laws of this State, & master hath, to, and over a lawfully indentured servant, lor, and during the term of his service, as aforesaid. And the .'aid G. F. on his part, in consideration of the foregoing, and of doth pw , ^venaritj'and agreej to, and with the JUSTICE 0V THE PEACE. 229 Indenture. By Selectmen. said town of and the said L. M. each by itself, and himself, respectively, to teach and instruct the said L. M. or cause him to be taught and instructed in and cause him regularly to attend a school, for the space of twenty weeks, in each year, at the least, and therein to be taught in reading, writing, spelling, and an approved catechism ; and train him to habits of obedience, subordination, industry, religion, and mo- rality, and cause him regularly to attend public worship, on the Lord's day, and on days of public fasting and thanksgiving ; and provide for, and allow to him, meat, drink, washing, lodg- ing and appsrel, for summer and winter, on common and on holy days ; and all other necessaries, in sickness and in health, pro- per for such a boy, during the time of bis service, as aforesaid ; and at the expiration thereof, give the said L. M. a good bible, and (here insert any other article that shall be agreed upon by the parties.} In witness whereof, the said parties have hereunto inter- changeably set their hands and seals, this day of ,\. D. A. C. E. G. Signed, sealed, and delivered, in presence ', and delivered, \ tence of r R. R, f M. M. ) F. county, ss. S. The day of A. D. I, J. B. Esquire, ihe next Justice of the peace for said county, do hereby declare my assent to the foregoing indenture. J. B. Justice of the Peace. NOTE. The foregoing forms of indentures, are according to the true intent of the laws of this state, on the subject ; and if, ip the putting out of poor children, by selectmen, it becomes neces- sary for them to pay to the master any sum to induce him to en- ter into the covenants expressed, it ought to be done as well for the benefit of the public, as for the child, and may be inserted* in the consideratiou, before the word, promise. '230 JUSTICE OF THE PEACE. Forms of Orders, Notes, and inland Bills of Exchange. FORMS OF ORDERS, .VOTES, AND BILLS OF EX- CHANGE. Form of an Order. Bpt, May \3th, 1316. SIR, * Please to pay to J. D. seven dollars and twentj- five cents, and charge the same to me ; value received. L. L, To Mr. G. F.- N tn. Inland Bill of Exchange. $100,00 Sixty days after sight, pay to /. D. or order, on hundred dollars : value received. 1. L, B p t, May 15th, 1816. Messrs. B. f S. N.. Y. Negotiable Note. $100,00 Sixty days from date, I promise to pay to G. F. ov order, one hundred dollars : valae received. J. D. Bpt, May 14th, 1816. Note at Bank. < $200,00 Sixty days from date, I promise to pay to G. F. or order, at the B p tBank, two hundred dollars ; value receiv *d. J> P- B p t, May 10th, 1816. JUSTICE OF THE PEACE. 231 Single Bill and Penal Hill for the payment <>i money. H. nd. A SINGLE BILL FOR THE PAYMENT OF MONEY. Know all men by these presents, that I, A. B. of 4-c. do owe, and am indebted to C. D. of &cc. in the sum of fifty dollars, current money of the United States, which I promise to pay unto the said C. D. his execu- tors, administrators, or assigns, at, or upon the first day of Octo- ber, next ensuing the date of these presents. In witness where- of, I have hereunto set my hand and seal, the day of A. D. 18 A. B. [SKAL.I A Penal Bill for the Payment of Money. Know all men by these presents, that I, A. B. of in the county of do owe unto C. D. of in the county of the sum of one hundred dollars, current money of the United States, to be paid unto the said C. D. his execulors, administrators, or assigns, on, &c. next ensuing the date hereof. For which payment well and truly to be made, F bind myself, my heirs, executors, and administrators, to the said 1 C. D. his executors, administrators, and assigns, in the nenalty of two hundred dollars, firmly by these presents. In witness. &r. A. B. [SEAL.'J A Bond from One ptr^oa to One. Know all men by these presents, that I, A. B. or" in the county of am held, a:id firmly bound, to C. D. of in the county 01' in the sum of one hundred doi lars, current money of the United States, to be paid to the sai<.' C. D. or to his certain attorney, his executors, adminis- trators, or assigns ; for which payment, well and truly to be madej I bind myself, my heirs, executors, and administrators, firmly by these presents. Sealed with my seal. Dated this day of and in the year of cur Lord, one thousand eight hundred and . 'I he condition of this obligation is such, that if the above boundenA. JV. his heirs, executors, or adminiatratorsf JUSTICE OF THE PEACE. Bond wherein Two persons are hound to One. from One to,Two. do well and truly pay, or cause to be paid, unto the above nam- ed C. D. his executors, administrators, or assigns, the fuil sum of fifty dollars, current money of the United States, on, or before the fifth day of January, next ensuing the date hereof, then this obligation shall be void ; otherwise it shall remain irt full force and virtue. A. B. Signed, sealed, and delivered) in presence of A Bond wherein Two Persons are bound to One. Know all men by these presents, that we, A. B. of in the county of and C. D. of in the county of are held, and firmly bound, to E. F. of in the county of in the sum of two hundred dollar?* current money of the United States, to be paid to the said E, F. or his certain attorney, executors, administrators, or as- signs -, for which payment, to be well and truly made, we* bind ourselves, and each of us by himself, for, and in the whole, and the heirs, executors, and administrators, of each of us, jointly, and severally, firmly by these presents. Sealed with our seals ; dated the day of in the year, &c. The condition of this obligation, is such, that if the above bounden A. B. .and C. D. or either of them, their, or either of their heirs, executors, or administrators, do, and shall well and truly pay, or cause to be paid, unto the said E. F. his executors, administrators, or assigns, the sum of one hundred dollars, current money of the United States, with interest for the same, after the rate of six per cent, per ann. on the day, &tc. which will be in 4he year of our Lord, &c. then, &c. or else, &c, A Bondfrow One Person to Two. KTIOW all men by these presents, that I, A. B. of &.c. am held, andfmulv bound, to C. D. of &E.C. anfl E. F. of &.C. in the sum of five hundred dollars, cur- rent money of the United States, to be paid to the said C. D. and E. F. or one of theca, or to their certain a{- tnrnevs, executors, administrators, or assigns. For which pay- JUSTICE OF THE PEACE. Conditions of Bond?. inent, well and truly to Le inadu, I hind myself, my heirs, exec- utors, and administrators, firmly l>y these presents. Sealed ivitli my seal, &c. The condition of this obligation ia such, that if the above bound A. B. his heirs, executors, or administrators, do, and shall, vvell and truly pay, or cause to be paid, unto the above named C. D. and E. F. or either of them, their, or either of their executors,-administrators, or assigns, the full siim of, &c. at and upon, &c. then, &.c. or else, &c. CONDITIONS OF BONDS. Condition of a Bond to pay Money at several Days. The condition of this obligation is such, that it the aboVe bound A. B. his heirs, executors, or administrators, do, and shall, well and truly pay, or cause to be paid", unto the above named C. D. his executors, administrators, or assigns, the full sum of one hundred and fifty dollars, current money of the United States, Jn the manner following, viz. The sum of nfty dollars, part thereof, on the twentieth (lay of December, ftesl ensuing the date above written ; fifty dollars more thereof, on the twentieth day of March, then next following ; and fifty dollars more, the residue, and in full payment thereof, on the twenti- eth day of June ; which will be in the year of our Lord one thousand eight hundred, &cc. then this obligation to be void. But if default shall be made of, or, in payment of any of the said several and respective sums of money, above mentioned, or any part thereof, on any of the said several and respective days, above limited for the payment of the same, then this obligation to remain in full force. If a condition be to pay a sum of money at a place certain, say, if the above bound A. B. his, &c. do well and truly pay, or cause to be paid, unto the above named C. D. his, &cc. the full sum of, &.c. on, Sic. at, or in the now dwelling house of the said f. D. situate, &c. then, &r JUSTICE OF THE PEACE. Conditions of Bonds. -3 Condition nf 'a Bond for the payment of Money Quarterly. The condition of this obligation is such, that if the above bound A. B. his heirs, executors, or administrators, do- well and truly pay, or cause to be paid, unto the above named C. D. his executors, administrators, or assigns, the full sum of one hundred dollars, current money of the United States, in the manner following, (that is to say) the sum often dollars {hereof, on the twenty-fifth day of Septe'mber, next ensuing the date of the obligation above written ; the sum often dollars more thereof, on the twenty-fifth day of December, then next ensu- ing ; the sum of ten dollars more thereof, on the twenty-fifth day of March, which will be in the year of our Lord, &c. ; the sum of ten dollars more thereof, on, &c. then- next ensuing ; and so quarterly, evt-ry quarter of a year, one uext, and immediately ensuing another, on every of the quarter days aforesaid, the sum of ten dollars ; until the said sum of one hundred dollars shall be in such manner fully satisfied, contented, and paid ; that then, &.c. But if default shall be made of, or in payment of the said sum of one hundred dollars, or any part thereof, in mauner aforesaid. Then, &c. ' A Condition of a Counter Bond, or Bond of Indemnity, wherr. one man is bound Jor another.- The condition of this bond is such, that whereas the above named A. B. at the request, and for the only proper debt and duty of the above bound C. D. with him the said C. I). is in and by one bond and obligation, bear- ing equal date with the obligation above written, held and firmly bound unto E. F. of &c. in the penal sum of five hundred dollars, current money of the United States, condition- ed, for the payment of two hundred and fifty dollars, with legai interest on the same, on, ,c. next ensuing the day of the date of the said recited obligation, as in and by the said obligation and condition thereof, may more fully and at large appear. If therefore the said C. D. his heirs, executors, or admin- istrators, do, and shall well and truly pay, or cause to be paid, unto the said E. F. his executors, administrators, or as signs, the said sum of two hundred and fifty dollars, with legal JUSTICE OF THE PEACE. 235 Conditions of Bonds. interest on said day, &c. next ensuing the date of said recited obligation, according to the true intent and meaning, and io full discharge and satisfaction of the said recited obligation ; then. &c. or else, &ic. A Counter Condition, where one man is bail for another. Whereas the above named A. B. at the special instance and request of the above bound C. D. together with the said C. 1) and E. F. is bound to G. H. Esquire, sheriff of the county of, &c. in the penal sum of, &.C.. conditioned for the appearance of the said C. D. before the Court, &c. on, &.c. next, to answer I. J. in a plea of debt of fifty dollars, (or in a plea of, 4 % c.) as by the obli- gation and condition thereof, may appear. Now the condition of this obligation is such, that, if the said C. D. shall appear, according to the condition of the said bond, and as the law in such "ases requires ; and if he the said C. D. his heirs, executors, or administrator?, shall also from time to time, and at all times hereafter, save harmless, and indemnify him the said A. B. his executors, and administrators, and his and their goods and chattels, of, and from all Damages, sums of money, costs, and charges, which he, or they, or any of them, shall, or may, at any time or times, hereafter sustain, and be put unto by reason of his, the said A. B.'s being bound for the appearance of the said C. D. as aforesaid. Then, tyc. or else. &cr, Or the condition may be thus : If, therefore, the said C. D. shall appear before the said court, &cc. at, &.c. on the day aforesaid, to answer the said I. J. in the plea aforesaid, in the discharge of the said obligation, &tc. Then, &c. J Condition to perform Covenants in a Deed. The condition of this obligation is such, that if the above- bound A. B. his heirs, executors, and administrators, and every of them do, and shall in all things, well and truly observe, perform, fulfil, accomplish, pay, and keep, all and singular the covenants, grants, articles, clauses, provisoes, payments, condi- tions and agreements, which on the part and behalf of the A. B. his heirs, executors, and administrator-3, arc. 230 JUSTICE OF THE PEACE. Conditions of i.onds. or ought to be observed, performed, fulfilled, accomplished, paid, and kept, comprised or mentioned in certain indentures, bearing even date with the above written obligation, made, or mentioned to be made, between the said A. B. of the one part, and the above named C. D. of the other part, (or in one pair of indentures of lease, made between, kc.) according to the true intent and meaning of the same inden-. Hires : Then. &c. or else, &.c. -1 Condition to pay a sum of Money on tltc day of Marriage, or Death of the Obligor. The condition of this obligation is such, that it the above bound H. I. his htirs, executors, administrators, or assigns, do well and truly pay, or cause to be paid, unto the above named C. E. his executors, administrators, or assigns, the sum of fi r ty dollars, current money of the United States, within three months next after the death, or the solemniza- tion of the marriage of the said H. I. whiV.iofthem -hall first happen after the date of the above written obligation ; then &.c. or else &fc. N. B. Sometimes things are sold on condition of payment of -o much money on the day of marriage, &,c. and then you must recite. Whereas the above named C. E. hath sold unto the above bound H. I. one horse, &c. for the sum of, &.c. to be paid to him, the said C. E. his executors, &c. at, or upon the day of marriage, or hour of death of the said H. I. which shall first happen. If, therefore, the said H. I. &c. (as above.") .1 Condition for paying money at the Expiration of an Jlppreif ticeship, or OH Marriage . Whereas the above bound W. L. by indenture of ap- prenticeship, bearing date, Sac. is bound an apprentice unlo, &.c. vilh him to dwell and serve as his apprentice, from, | r .c. unto the full end and term of, &c. from thence next ensuing, and fully to, oe complete and ended, as by the same indenture of apprentice- ship, more at large appears. And whereas the above named JUSTICE OF THE PEACE, 237 Conditions of Bonds. C. E. hath, before the day of the date hereof, at several times lent to and paid for the said W. L. several suras of money, for which the said C. E. is content to take his bond, payable at the expiration of the apprenticeship of the said W. L. as aforesaid, or the day of marriage of the said W. L. which shall first happen. If, therefore, the said W. L. his h* irs, executors, or administrators, or any of them, do well and truly pay, or cause to be paid, unto the said C. E. his executors, administralors, or assigns, the full sum of. &.c. at the end and expiration of th said apprenticeship of the said W. L. above mentioned, or at the day of the marriage of him the said W. L. which of them shall first and next happen, after the date of the above written obligation. Then&cc. or else, kr. A Condition to Marry a Woman at a day limitted, or Pay a sum of Money. The condition of this obligation is such, that if the above bound A. B. do, on or before, ffc. espouse and marry E. D. daughter of, fyc. if the said E. D. will thereunto assent, and thelawrs of this state permit the same Or if it shall happen that the said A. B. shall not marry, and take to wife the said E. D. as aforesaid ; if, then, he the said A. B. do, and shall well and truly pay, or causf to be paid, unto the said T. D. her executors, admins- istrators, or assigns, (or to the above named E. D. for her use, &c.) the full sum of five hundred dollars, current money of the United States,, in and upon the day of, &.c. next ensuing the said day, &c. above mentioned, and limited, for the said marriage. Then, <$-c. or else, #c. A Condition for the Redemption of a thing Pawned. Whereas the above named A. B. hath received of the. above bound C. D. one diamond necklace, a suit o! cloaths, watch, &c. by agreement to be kept by the said A. B. n? a security for the sum of, &.c. by him the said A. B. advanced and lent to the> said C. D- un- Jil, redemption thereof. &r. / 238 JUSTICE OF THE PEACE. Conditions of Bond*. Now the cendition of this obligation is such, that if the said C. D. his executors, or administrators, do well and truly pay, or cause to be paid, unto the said A. B. his heirs, executors, or assigns, the full sum of, &.c. for the redeeming of said necklace, goods, &c. in, and upon, &tc. next ensuing the date above written. Or on default of such payment of the said sum of, fcc. at the time above limited, if the said C. D. his executors, and administrators, do, and shall permit and suffer the said A. B. his executors, and administrated, to hold and enjoy to his and their own proper use and uses, the said goods, &fc. for the debt aforesaid ; then, &c. A Condition to indemnify a Town against, a Bastard child. Whereas E. B. &cc. hath sworn before, &c. one of the justices of the peace for the county of, &c. aforesaid, that she is pregnant with a bastard child ; and that the above bound C. E. is the father of such child, which when born is likely to become chargeable to the town of, kc. aforesaid. - Now the condition of this obligation is such, that if the above bound C. E. and the said E. F. and G. H. their, or either, or any of their, heirs, executor?, or ad- i ministrators, do and shall, from time to time, and at all times hereafter, fully and clearly acquit and discharge, or well and sufficiently save and keep harmless and indemnified the overseers of the poor (or the selectmen ) of the said town of, &c. as also all the inhabitants of the said town of, &.c. which now are, or hereafter shall be for the' time being ; and every of them, of, and from all manner of expences, damages, costs, and charges, what- soever, which shall or may at any time hereafter, arise, happen, grow, or be imposed upon them, or cither, or any of them, for, or by reason or means of the said E. B. 's being preg- nant with child as aforesaid ; or for, or by reason of the birth maintenance, education, and bringing up of such child, or chil- dren of which she the said E. is now pregnant, and shall be delivered of ; and of, and from all other actions, suits, troubles, charges, damages, and demands, whatsoever, touching and concerning the same : then, 6tc. or else, &wc. J17STICE OF THE PEACE. 239 Conditions of Uouds. .4 Condition to keep a person during life ; and also to indemnify the Town. The condition of this obligation is such, that whereas the above bound P. H. for, and in consideration of a competent sum of money, to him in hand paid, by the above named W. M. hath agreed and undertaken, to keep and maintain J. R. of, &.c. during his natural life. If, therefore, the said P. H. his executors, and administrators, shall from time to time, and at all times, hereafter, during the natural life of the said J. R. well and sufficiently maintain and keep, or cause to be well and sufficiently maintained and kept, the said J. R. in the house of, 4'C. with meat, and all other things necessary, and convenient ; and of, and from the maintaining and keeping of the said J. R. shall from time to time discharge the said W. M. his executors, and administra- tors ; and also the inhabitants of the town of, &c. aforesaid ; then, 4-c. .2 Condition for paying an Annuity during life. The condition of this obligation is such, that if the above jound C. D. his heirs, executors, administrators, or assigns, do, and shall yearly, and every year, during the natu- ral life of the said E. F. well and truly pay, or cause to be paid, unto the above named E. F. hi*, &.c. one annuity, or yearly sum of, &cc. at, or upon the first days of June, Septem- ber, December, and March, in each year, by even and equal parts and portions. The first payment thereof to begin and be made on the first day of, &x, next ensuing, then this obliga- tion to be void. But if default shall be made, of,'or in the pay- ment of the said annuity, or yearly sum of, &c. on any ot the said iirst days, on which the same ought to be paid, then, &c. or else, &c. Ji Condition for the Faithful Service of an Apprentice. The condition of this obligation is such, that whereas A, son of the above bound J. B. by indenture, bearing equal date with the above written obligation, is bound 340 JUSTICE OF THE PEACE. Conditions of Bonds. an apprentice to the above named C. D. with him to serve, from, &.c. unto the full end and term of seven years, from thence next ensuing, and fully to be completed and ended a.s by the said indenture of apprenticeship may more fully ;ip-' pear. If, therefore, the said A. B. do, or shall, at any time hereafter, during the said term of seven years, embezxle, spend, or make away, or otherwise misapply, or lend upon trust, without ready money, to any person or persons whatso- ever, without the consent of the said C. D. any of the goods, wares, money, or merchandize, of the said C. D. his executors, Administrators, or assigns, then if (he- above bound J. B. his executors, or administrators, or any of them, do, and shall, within one month next after request made, and notice given, fro>7i time to time, during the said term, well and truly pay, or cause to be paid, to the said C. D. his executors, or assigns, the full sum and value of all such goods, wares, money, or merchandize, as it shall appear upon lawful proof the said A. B. shall have so spent, embezzled, wasted, misemployed, or lent without con- sent, as aforesaid, to the damage of the said C. D. !!? executors or assigns : then, &c. r conveying ia.-iutto a purchaser, and for execu- ting an assignment, be. The condition <>?" this obligation is such, that if. the above bound M. L. do, and shall, upon reasonable reque.it to liim made, oTi'l upon payment of the sum of, $*C. by the above named W. H. his heirs, or assigns, on or before, &.c. next ensuing the date above written, convey and assure, or cause to be conveyed and assured, unto the said W. H. Ins, id assigns, or to such other person, or persons, and his and Lhcir heirs, as the said W. H. shall nominate, limit, am! appoint, nnd to such uses as he shall direct, all that messuage -;r icnorv.fMit, &.C. situate, 4'C. and all those pieces or parcels of land, &c. now ia the possession of, &.c. by such Conveyances jtid assurances in the law, as by the said W. H. his hfir.-. ;>nd assign?, or !.!. or their, counsel, learned, in the law. JUSTICE OF THE PEACE. 341 Conditions of Bonds. should be reasonably devised, or advised, and required, freed, and discharged, of, and from all incmnbrances whatsoever, (except, <^c.) then, 4*c. or else, 4*c. (If it be to make an assignment of lands, say, seal and execute a good and sufficient assignment in the law, of all such estate, and interest, as he the said M. L. now hath, of, and in one messuage, or tenement, xt of kin. . 254 JUSTICE OF THE PEACE. An Award, or determination Now know all men by these presents, that I, E. F. for certain good causes and considerations me hereunto especial- ly moving, have nominated, constituted, and appointed, and by these presents, do nominate, constitute, and appoint, M. F. of, ; any of us, do and shall well and truly pay, or cause to be paid, unto the said C. D. or his attorney, executors, adminis- trators, or assigns, the sum of on ior the redemption of Urn said hereby bargained premises, then tboe presents, and JtJSffCfi OF THE PEACE. A Hari'pi: R cl ' every clause, article, condition, and thing herein contained, shall cease, determine, and bt utterly void ; otherwise, to remain in t'ul! force and effect. A Bargain and sale of Timber. This indenture, made, 4 - c. between A. B. of, &tc. of ihe one part, and I. S. of, eth, that the said A. B. for, and in consideration of the sum of, &c. to him in hand paid by the said I. S. the re- ceipt whereof is hereby acknowledged, he the said A. B. hath granted, bargained, nnd sold, and by these presents doth grant, bargain and sell, unto the said I. S. his executors, administrators, and assigns, all those timber trees, or other trees, nor/ standing and being in, &.c. marked by said A. B. :nd I. S. ivith the letters containing in number .Tad computed to be in the whole about Tons : and also al: the loppings, tops, shrouds, limbs, and boughs, of the >aid timber trees, or other trees, whatsoever. To have and to hold the said timber trc-es. lops, tops, and shrouds, hereby bar- gained and sold, or meant, mentioned or intended to be hereby bargained-and sold unto the said I. S. his executors, admin- istrators, and assigns, to his and their own proper use and use? forever. And the said A. B. for himself, his heirs, ex- ecutors, administrators, and assigns, and for every of them, dotb covenant, promise, and grant, to, and with the said I. S. !iis executors, administrators, and assigns, and every of then;, bv these presents, thrit be the said I. S. his executors, ad- ministrators, or assigns, shall, and may peaceably and quietly have, hold, take, receive, and enjoy, all and singular the said timber trees, other trees, arid premises, herein or hereby men- tioned or intended to be granted, bargained, and sold, and every pait thereof, with liberty of ingress, egress, and regress, to fell, cut, fetch, and carry away the same, to his and their proper use and uses, without any lott, trouble, molestation, disturbance, or denial, of him the said A. B, his heirs, or assigns, or any per- suii or persons, lawfully claiming, or to claim from, by. or under him, them, or any of them. And the said I. S. for himself, his, &fC. doth covenant and grant, to, and with the said A. B. his-, 4-c. that the said I. S. shall and will fell, cut down, and carry away the said timber trees, or other tree* JUSTICE OF THE PKACL. Contract for Wood. Lease of Re; ! above bargained and soid. off, and from the land of the said A. 13. on or before, &.c. next ensuing the date hereof. In wit- ness, kc. A Contract for the sale of Wood. MEMORANDUM. It is contracted this day, &c. in the year, &c. between A. B. of, &,c. and T. S. of, &c. and the said A. B. doth covenant and agree, to, and wit); the said T. S. to bargain and sell unto the said T. S. a!! those his coppice woods, and tinder woods, now stand- ing, growing, and being, in, &x. containing, &:c. (the soil of the same coppice vrood, and all timber trees, therein standing and growing, and the usual and accustomed staudils there to be left, exccpted,) to hold the same coppice wood, to the said T. S. his, &LC. to his and their own use and uses, forever. In consideration whereof, the said T. S. doth hereby cov- enant and agree to pay unto the said A. B. the full sum of, &.c. when and as soon as the said A. B. shall sign, seal, and deliver to the said T. . S, a legal and absolute bargain and sale of the said ivood, and put him in possession thereof, which is hereby agreed between the said parties, to br on, or before, &c. And further, it is agreed that the said T. S. shall, at his own cost and charges, fence and repair all the hedges and fences belonging to the said coppice wood, as shall be broken down by the felling, cutting, or carrying awav the said wood, for the preservation of ihe young sprigs grow- ing in, and upon the same. And also that the said T. S. shall not fell any of the said coppice wood, but at seasonable times of felling, viz. between the of, <$*c. Witness, &c. Lease of Real Estate. This indenture, made the day of in the year of GUI Lord one thousand, ly and quietly leave and yield up. And the- said John Doe, for himself, his heirs, and assigns, doth covenant and grant, to, r\nd with the said Richard Roe, his executor. , administrators, a.nd assigns, that he, the said Richard Roe, his executors, adminis- trators, and assigns, shall and may, by and under the yearly rent and covenants, herein before reserved and contained, peaceably" and quietly have, hold, occupy, possess, and enjoy, all and sin- gular the tenements, and premises above mentioned, with their appurtenances ; for and during the said term hereby granted, without the let, trouble, hindrance, molestation, interruption and denial, of him the said John Doe, or of any other person or persons, claiming, or to claim, by, from, through, or under him. In witness whereof the persons first above named have to these present indentures set their hands and seals, the day and year, jirst above written. Signed Sealed and delivered, ) JOHN DOE. (SEAL.) In presence of $ RICHARD ROE. (SEAL.) F. county, ss. S. On this day of A.D. personally appeared, John Doe, and Richard Roe, signers and sealers of tli foregoing instrument, and acknowledged the same to be their act and deed, before me. J. B, Justice of the Peace. Ji Will, -with dc-jise of Lands, Goods, and Chattels. In the name of God : Amen. I, John Doe, of in the coun- ty of and state of do make my last will and testament, >n manner following, to wit. First. \ will, order, and direct, that my funeral charges and just debts, be fully paid and satisfied ; and if my per- sonal estate be not sufficient for that purpose, I hereby au- thorize my executor of this will, to sell enough of ray real estate to make up the deficiency of my personal estate, for the j'urpose aforesaid. \ccond. I give, devise, and bequeath, unto my wife, M. D. my son, O. D. and my daughter, J. the rest and residue of my estate, real and personal, to Le equally divided between them, share and share, alike, fo have and to hold the same, to them, their heirs, and as- signs, for ever. The .sum charged on my book, as advanced {\- tijn education of mv said son, O^ D. to consti- JUSTICE OF THE PEACE. A Will. tute a part of his said share, in such division. And the share so as above given and devised, to my said wife, to be in lieu of her dower, in my real estate. Last. I constitute and appoint my beloved wife, M. D. executrix of this my last will and testament. In testimony, 4>c. JOHN DOE, (SEAL.) Signed, sealed, and published, by the said ~\ John Doe, as, and for his last vill and testament, in the presence of us, z;:ho each now subscribes this attestation in his presence. JOHN STILES, HENRY NILES, SUSAN MILES. J i\ county, ss. S. On this day of A. D. appeared John Stiles, Henry Niles and Susan Miles, all whom, being duly sworn, do depose, and say, that they all sa-,v the above named testator, John Doe, sign and seal the within instrument, and heard him declare the same to he his last will and testament : and that the deponents all subscribed their names thereto, as witnesses to the execution and publication thereof, in manner aforesaid, on the day of the date thereof, in presence of the said testator, before me. J. B. Justice of the Peace. Another Will. In the name of God : Amen. I, John Doe, of in the county of considering the uncertainty of the continuance of .life, do, on this day of A. D. make and publish this my last will and testament, in manner following, to wit. 1. I give to my son, O. D. one thousand dollars. 2. I also give to my daughter, S. B. two thousand dollars, 3. I also give to my dear wife, M. D. one thousand five hundred dollars. 4. I also give to my brother, L. D. and to my sister, A. D. each, five hundred dollars. 5. I give and bequeath all my bank stock unto my friends, L, M. R. S. and G. II. C. B. and L. K. as trustees of the same, to pay the dividends of interest, which shall accrue thereon, from time to time, after decucting necessary expences to such of the inhabitants of as shall in the opinion of rnv said trustees l>e the most proper objects, towards whom, to exercise Christian benevolence JUSTICE OF THE PEACE 236 Codicil to a Will. And in case of the death or removal out of the county of of either of my said trustees, I hereby authorize the remaining resident trustee, or trustees, to fill such vacancy, by election from amongst the inhabitants of said county of in per- petuutn, which trustees, so appointed, shall, to all intents and purposes,, possess the same powers and authority, as those by me expressly nruned. b'. I bequeath all my stock in the funded debts of the United States, to my executor herein after named, for the payment of my funeral charges, administration expenc.es, and all my just debts, and the surplus thereof to be paid over to rny trustees before named, to remain in their hands as a fund, the interest whereof, after paying contingent expences, to be applied towards the support aud education of such orphan children belonging to the parish of as rny said trustees shall judge most properly the objects of such charity. 7. I give, bequeath, and devise, unto rny said dear wife, M. D. and to my said son, O. D. and to my said daughter, S. B. and to their heirs and assigns, forev- er, all the rest, residue, and remainder, of nay estate., both real and personal, to be equally divided between them my said wife, son, and daughter, share and share alike. '$. Last. I appoint my said dear wife, M. D. executrix, of thi? 'my lat will and lestarnent, (&c. asm the preceding form.} Codicil. Whereas I, John Doe, of by my last will and testa merit in writing duly executed and declared, bearing date on the day of A. D. gave, bequeathed, and devised, to my dear wife. i\I. D. and to my son, O. D. and !o my daughter, S. 15. by the .seventh paragraph in my -aid lastwiJI and testament, all the rest, residue, and remainder, (after the" payments 61 the iegacies > and specific bequests, in -aid last will and testament, before mentioned and expressed,) of my estate, both real and persotial, to be t-queally divided be tween them my said wife, son, and daughter, share and share alike. And whereas for certain reasons, me thereunto moving, to alter my said will and testament, with respect to the said event!) paragraph (hereof, I do therefore make this present codi- ul to my said last will and testament, to be thereto annexed, and iki n as a part thereof ; and do hereby revoke the said seventh paragraph, so far as relates to the said share therein given and devised to my said daughters. B. and do hereby give, bequeath, and divi.se, unto and and as trust- ees, of the said share, so before given to my said daughter, to have and to heldthe same -to them, and the longest livers and longest liver of them, in trust, for the benefit of my said daugh- 284 JUSTICE dF THE PJSACL. A Nuncupative, or Vc-rlw! Will. ter, to pay to her on her personal request, quarter yearly, the interest and avails thereof; or if in their opinion, bhe can- not act freely in such request, then to layout the same for lief best comfort and convenience, according to their best discretion. My design herein being to insure to her. my said dauirhier, : comfortable subsistence during her. natural life. And 1 further p;ivc, bequeath and devise, the aforesaid .share, (first given to my said daughter, and by this codicil to ray said trustees) after the death of my said daughter, to the heirs of her body (if any she shall have) in full property and fee simple ; but if she shni! die. leaving no heir of her body born, then 1 give, bequeath and devise the said share, so as aforesaid given to her and said trus- tees, unto my said son, O. D. and his heirs, for eve: . Provided, however, if in the opinion of my said trustees, neces- sity requires, for personal comfortable support of my said daugh- ter, or of her children during her life, that the principal, or any part thereof, of said share, so in the hands of said trustees, be expended, 1 do hereby authorise and impower them to sell and appropriate the same for that purpose. And 1 do hereby r.itify and confirm my said last will and testament, in all thiinrs wherein it i.s not revoked or altered by this codicil. In witness whereof I have hereunto stl ;ny hand and seal, thi= day of A. D. Signed, sealed, and delivered,'** J. DOE, (SEAL.' '"'? presence of i A. ' B. o. u. i E. F. ) .? J\~xncupa.ik\:, or ferial Will, J'c H kiMVvn, th.'t John Doe, of in the presence o: 'j5, the subscribers, on or about the day of at verbally declared hi;, Will, as follows, to wit. That he gave untu his wife. Naiicy Doc, one thousand dollars, and to'his son, Ran- dolph Doc, tv. o thousand dollars ; and to the ecclesi- istiral society in u,-3 a fund for the support of the gospel ministry therein, five hundred dollars ; all to be paid out of hi' money on hand ; ;;nd that he also gave his riding horse ami c.hai^e to his s;aid ivife, for the u^e of herself, and his, the said Jo!, n Doe's mother, Mary Doe. In witness whereof, we have .i-r> otirhnri 1 ; "!'*! ~>"<- ] s. thi:.- dav of A. D. A. ' B. (SEAL. C. D. ; s-v/ COMPLETE CONSTABLE: CONTAINING HIS OFFICE, DUTIES AND AUTHORITY; WITH THE MANNER AND FORMS OF EXECUTING THE SAME, ACCORDING TO THE COMMON AND STATUTE LAWS, NOW IN FORCE AND IN USE IN THE STATE OF CONNECTICUT. BY JOSEPH BACKUS, COUNSELLOR AT LAW. HERTFORD: PRINTED FOR THE AUTHOR. PETER B. GLEASOK AND CO. PRINTER!. 1812. I DISTRICT OF CONNECTICUT, TO WIT: BE it remembered, That on the twenty sixth day of August, in the thirty seventh year of the Independence of the United States of America, Joseph Backus, of the said district, hath deposited in this office the title of a book, the right whereof he claims as author, in the words following, to wit : " The Complete Constable : containing his office, duties and au- thority, with the manner and forms of executing the same, accord- ing to the Common and Statute Laws, uow in force and in use in the State of Connecticut. By Joseph Backus, Counsellor at Law." In conformity to the Act of the Congress of the United States, intitled, " An Act for the encouragement of learning, by securing the copies of Maps, Charts and Books, to the Authors and proprie- tors of such copies, during the times therein mentioned." HENRY W. EDWARDS, Clerk of the District of Connecticut A true copy of the record, examined and sealed by me, H.W. EDWARDS, Clk. of the Dist. of Connecticut. TO THE PUBLIC. I HAVE examined, at the request of JOSEPH BACKUS, Esq. a manuscript work of his, entitled, The Complete Constable ; con- taining the office, duties and authority, with the manner and forms of executing the same, according to the Common and Statute Laws now in force and in use in the State of Connecti- cut. The work, whicli consists, principally, in a compilation of rules, selected from the Statute Laws of Connecticut, books of Reports, and Treatises of approved authority, embodies and presents, under one title, a collection of valuable rules of prac- tice, which I have uot found digested in any other work. It will be useful, in my opinion, not only to the magistrates and ministerial officers of the State, but to gentlemen of the bar ; and more especially to such, as cannot conveniently purchase Mr. Backus' large work on the Offices and Duties of Sheriff", Cor- oner and Constable. JAMES GOULD. Litfhfield, My 3, 1819. TABLE OF CONTENTS. CHAPTER I. page. Appointment and duty, : : : : 9 CHAPTER II. Criminal process and service, : : : 33 CHAPTER III. Civil process and service, : : : : 39 CHAPTER IV. Bail, bail bonds and promises, : : : 54 CHAPTER V. Execution, :::::: 57 CHAPTER VI. Rescous, :::::: 72 CHAPTER VII. Escape, :::::: 75 CHAPTER VIII. Return of process, : : : : : 79 CHAPTER IX. Actions, :::::: 84 CHAPTER X. Fees, ::::::: 91 CHAPTER XI. Forms of bail bonds, &c. : : : : 92 CHAPTER XII. Returns of original process, : : : : 95 CHAPTER XIII. Returns of execution, : : : : 103 CHAPTER XIV. Receipts, :::::: 115 CHAPTER XV. Ex-officio returns, : : : : : 117 CHAPTER XVI. Informations, : : : : : : 123 CHAPTER XVII. Deed of land sold by Constable on distress warrant, 127 COMPLETE CONSTABLE CHAPTER I. APPOINTMENT AND OFFICE. STABLES are officers of very great antiqui- The antiqui- ty. They were known in most countries of Europe ^^ the many ages before the migration of our ancestors to America. In England, they were well known to the common law, anterior to the date of any statute in be- ing wherein they are mentioned. The language of the statute of Winchester the First, in which the office is named, is not that of constituting a new office, but of recognizing one then well known. So early as the days of king Alfred, he directed the appointment of constables to be made by election in popular assemblies called Hundreds and Tithings, not very unlike Con- necticut town and society-meetings, (a) In Connecticut, constables must be chosen by each How ap- town annually in the month of November or Decem- g^ecticut and must be (a) Lamb. Con. 8. 2 H. P. C. 61. 1 Black. Com, 355. 1 Burn's Jus. 362 13 10 COMPLETE CONSTABLE. CHAP. I. her in legal town meeting ; and be sworn to a faithful ^General' discharge of their office by some assistant or justice of duties. the peace, or in towns when there is no such authority, by the town clerk thereof, before the first day of Jan- uary next ensuing such election in each year.* The oath prescribed is in the form following, viz. (b) Q,^ " You A. B. swear by the ererliving God, that for the year ensuing, and until new be chosen and sworn, you will faithfully execute the place and office of Con- stable for and within the town of H. and the limits thereof ; and that you will preserve ilie public peace of the said place and cf this State, and will do your best endeavours to see all watches and wards executed and du- ly attended, and, obey and execute all lawful commands and warrants that come from any magistrate or magis- trates, justice of tlic peace or court ; and execute all such orders of coitrt as shall be committed to your care according to your best skill. So help you GOD." (c) Any man, able in person to execute the office, and not oppressed by such choice, while others are unjust- ly exempted, who when so chosen refuses to serve and take the oath prescribed, forfeits to the treasurer of the town the sura of live dollars. (ct with force and violence, against the peace, or to tlu: As a conser- vator of the peace. press riots. (g-) 1 Black. Com. 356, 357. (A) 1 SW. 39, GO;. 2 COMPLETE CONSTABLE. CHAP. I. manifest terror of the people. It is made the duty of V 7^ n s e 7a7' every constable, as well as of every justice of the peace duties. and select-man, being informed of such unlawful and riotous assembly, immediately to repair to the place where such assembly is collected, or as near as he can safely come to such rioters, and there with an audible voice command or cause to be commanded silence, whilst proclamation is making ; and proclamation be- ing made, he must openly and with an audible voice make or cause to be made proclamation, in manner following or in words to the like effect, viz. " In the name and by the authority of the State of Connecticut, I charge and command all persons assembled immediately to disperse themselves, and peaceably to depart to their habitations or to their lawful business, upon the penalties contained in the act or law of this State, entitled An Act. for preventing and punishing riots and rioters." If, after proclamation so made, such persons so unlawfully and riotously assembled do not disperse themselves, every constable as well as every justice of the peace and select-man, and all other persons by them commanded to assist, may seize and apprehend the persons so unlawfully and riotously continuing to- gether, and forthwith carry the persons so apprehend- ed before some assistant or justice of the peace, to be dealt with as the law directs. And if any of the per- sons eo unlawfully and riotously assembled, happen -to be killed or maimed in dispersing or apprehending, or in endeavoring to disperse or apprehend them, by reason of their resisting the persons so dispersing, or endeavouring to disperse them, every such constable and all and singular persons, being aiding and assisting to them or any of them, shall be freed, discharged and indemnified, as well against the public as against all and every person or persons whatsoever, of, for, or con- cerning the killing, maiming or hurting any such per- COMPLETE CONSTABLE. 13 sou or persons so unlawfully arid riotously assembled, CHAP. I. who may happen to be so killed, maimed or hurt. (?') ^GeiTral^ duties. Every constable must duly receive all hue-and-cries, R a ise nue - and the same diligently pursue to full cfiect : such as and-cry,c. are granted and sent after capital offenders at the cost and charge of the State ; but such as are taken out by particular persons in their own cases, at their cost and charge : and may put forth pursuits and hue-and-cries after murderers, peace-breakers, thieves, robbers, bur- glarians and other capital offenders, Avhcre no magis- trate or justice of the peace is at hand ; anJ. without warrant apprehend such as are guilty of drunkenness, profane swearing, sabbath breaking, vagrant persons, unseasonable night walkers or any others who shall offend in any of these, if taken in the act, either by the sight of the constable or present information of others ; and may make search for all such persons, either on the sabbath or other days when there shall be occasion, in taverns or other suspected places or houses, and offenders apprehend and keep in safe cus- tody till opportunity serves to bring them before the next assistant or justice of the peace for further exami- nation, in order to their being proceeded against ac- cording to law. Cj) Every constable may by the common law, arrest all ^j arr est felons and all suspicious persons who are abroad in the felons, uight and sleep by day, or resort to bawdy houses, or keep suspicious company ; (fy and is bound at his per- il, to endeavour to part an affray, in his presence, not only by doing his utmost himself, but also by com- manding the assistance of others, which they are bound to give him under pain of fine and imprison- ment. (Z) If he see persons actually engaged iu an affray, whether the violence be done or offered to an- (*) 1 Scat. 575, 576, 577. (f) Ibid. 191. () 2 H. P. C, 61, 62. (/) 3 Just. 158. 4 COMPLETE CONSTABLE. CHAP. I. other, or to himself, or if any man shall threaten to V Q^ e 7 a l' kill, beat or hurt another, or shall be in a fury ready duties. to break the peace, he may either carry the offender before a justice of the peace, or detain him himself a reasonable time, till the heat be over ; and in England may take a bond of him that he will keep the peace: (m) But it seems he has no power to commit the offender in any other manner, nor to imprison him for any oth- er purpose ; for he cannot commit him to gaol until he shall be punished ; neither ought he to lay hands on those who contend with words Avithout any threats or personal hurt ; but all he can in such case do is to command them under pain of imprisonment not to fight, () Notwithstanding it is said that a constable may take surety of the peace by bond, it is most ad- riseable to carry the offender before a justice of the peace, when it can be done : But in no case can a con- stable require surety of the peace, unless the offence be committed in his presence and view : And whenever he takes such bond, it must be in his own name as constable, and by him be certified and returned to the next court of general sessions of the peace, (o) If a felony be in fact committed, a constable may ex officio arrest and imprison the felon, till he can be conven- iently conveyed to a justice of the peace or the com- mon gaol ; and it is immaterial whether the felony were committed in the same town whereof he is con- stable. To make such arrest he may break open doors to take the felon, if the felon be in the house, and the constable is denied entry after demand and notice of the cause of his demand. And if in attempt- ing so to make an arrest, the constable or any who come to his assistance be killed, after competent notice of the cause of his coming, (k) it is murder. And if the felon resit and cannot be taken, whether it be af- (tfz) Dalt. Just. 38. (n] 1 Bac. Abr. 44. 1 //. P. C. 268. (o) Cro. Etiz. 875, S76, () 5 Co. 91. CHAP. I. General duties. COMPLETE CONSTABLE. 15 ter the arrest or before, the killing of the felon who cannot be otherwise taken, is no felony. Nor is it ma- terial whether the constable saw the felony committed, or hath it only by complaint and information ; for as well in one case as the other he is bound to apprehend the felon, and to make search after him within the limits of his jurisdiction, and to raise hue-and-cry upon him ; and the law gives him protection in the execution of his office, and will never punish him in the necessary pursuit of what it enjoins upon him. (/) Though for felony, or suspicion of felony, a consta- ble may break the house to apprehend the felon, yet, if the suspicion arises in the mind of a third person and is by him communicated to the constable, he must accompany the constable and be present at the break- ing, for the justification of the constable must be, that he did aid the person suspecting, in taking the party suspected. If a man and woman be in iucontinency together, a constable may in England, take the neigh- bours and arrest and commit them to prison, to find sureties for their good behaviour, (j) If an affray be Affray, in a house, the constable may break open the doors to preserve the peace, and if the afirayers fly into anoth- er house and the constable freshly follow, he may break open the doors to take them, (r) But he cannot of his own authority compel a maa to find sureties, who is delivered into his hands as ha- ring broken the peace in his absence, but must carry him before a magistrate ; nor can he arrest a man for an affray out of his view, without a warrant from a justice of the peace. (*) If a constable see a person expose an infant in the (/) 2 H. P. C.91. (g)Ibid.B9. (r) Dalt. Just. 38. 1 Root 66. (*) 2 H. P. C. 92. 135. Lamb. 133. Cro. Ellz, 375, ?G COMPLETE CONSTABLE. CHAP. I. street, who refuses to lake it away, the constable may General kwfclH^ apprehend and detain such person till he or duties. she will lake care of such infant, (t) A constable may not without a warrant take a per- son into custody for a mere assault, unless he be pres- ent at the time and interposes with a view to prevent a breach of peace ; but if an affray has happened and a blow or wound has been received, likely to ; eud in a felony, that will authorize the constable to take the party into custody without a warrant ; but in such case it should appear that there was ground and foundation for such a supposition, that a felony was likely to en- sue. It ought to be a reasonable, sufficient and satis- factory ground of belief, that a felony would probably ensue, to justify the constable. For if the grounds be frivolous, such as by his owr conduct it appears he hardly credited, (as if he enlarge the prisoner on a per- son's becoming bound for his appearance,) he will be liable for false imprisonment, if he proceed in the ar- rest. () But if a regular charge of theft be made be- fore a constable by a third person, the constable is by law warranted in arresting the party charged. He may, if he pleases, use his own discretion and exercise his own judgment on the charge, and if in so doing ho is guilty of no collusion Avith design to oppress and im- prison a person wrongfully, he will not be liable in false imprisonment, (w) But no person can act as con- stable and enjoy the immunities, rights and privileges belonging to that office, until he has been duly sworn into it. (?y) Sabbath A constable may without warrant, apprehend and breaker* carry before the next assistant or justice of the peace, all persons unnecessarily travelling on the Lord's day, if such constable is himself witness to such transgres- (/) 2 H, P. C. 77. () 2 'Esfl. Refi. 540, 541. (v) 4 Ibid. 80, 81. ( w) 5 Ibid. 41. COMPLETE CONSTABLE. IT sion, or has present information of it from others : And CHAP. I. whrn any constable receives a warrant from lawful V "General' authority for apprehending any person for so trans- duties. gressing, such officer may pursue and apprehend such person any where withiu the jurisdiction of the au- thority granting the warrant, (.r) All constables may, and from lime to time must make diligent search throughout the limits of their towns upon the Lord's day, and at all other times as often as they are informed or see cause, for such offen- ders as lie tippling at any inn, house of entertainment, or private house, excessively or unseasonably ; and af- ter such as retail strong drink without licence ; and al- so warn all those who frequent taverns and spend their time there idly, to forbear ; and also warn all per- sons who keep such houses not to suffer any such tip- plers, idle persons, &c. in them : And must make due presentment of all breaches of Jaw coming within their kaowledge, to some authority proper to receive the same, once in every month : And if upon due in- formation any constable shall refuse to make such seizure, (arrest) and presentment, and be thereof legal- ly convicted, he must pay a fine of eighty-four cents to the treasury of the town whereto he belongs. (/) When any disorders punishable by law are commit- To assist in ted in any freeman's meeting, town meeting, society keeping or- meeting, proprietor's meeting, or in any meeting of llfeethig^' any other community lawfully assembled, the presi- ding officer, or moderator of such meeting, as the case may be, may order any constable to take the offender or offenders into custody, and to hold him or them, and if need be to remove him or them out of such meeting until lie or they shall conform to order, or u.i- lil such meeting be closed ; and such constab'e in.-. . r-jmmand all necessary assistance of suitable person-- (r-) i.Sw.r.ai. ftv) Ibid. 192. 8 COMPLETE CONSTABLE. CHAP. I. to aid him in conserving the peace and suppressing of General r ^^ s - (%) And whenever any constable finds it ne- cessary to the due execution of his office, he may at his discretion, within the limits of his jurisdiction, command the aid and assistance of suitable persons, such as he shall deem proper, and any person of suffi- cient age and ability, who being so commanded, shall refuse or neglect to aid such constable according to his ability, being thereof convicted, shall forfeit one dollar and sixty-seven cents ; and if such refusal to assist such cor.st ible be wilful, obstinate or contemptuous, he shall forfeit and pay to the use of the town where the of- fence is committed, seven dollars. And if any consta- ble upon urgent occ tsiou shall refuse to use his best endeavours in raising and prosecuting hue-and-cries ei- ther on foot or by horse (if need be) after capital of- fenders, he shall forfeit the sum of seven dollars to said treasury, (a) The powers and duties of constables thus far descri- bed, arc such as he may execute without warrant : But the legislature have thought fit, that in such execution he should carry with him evidence prima facie that he is a constable, and have enacted that every constabl? in the Stale shall be furnished with a black staff ha- ving a head with the. arms of the State thereon, which staff he must carry on proper accasions as a token or badge of his office. (6) What those proper occasions are the legislature have not defined ; .but it may be presumed that they inclucfb extraordinary occasions cl performing the duties of a peace officer, and that, though without such badge he can in ordinary cases execute the duties of his office, it is adviseable for him to carry it on days of public concourse and danger of tumult. This staff must be provided by the select- men of each town at the charge thereof, t'.mlcr the (z) 1 Slat. 493. (a) Ibid. 599. GOO. IP2. (h} Ibid. 132. COMPLETE CONSTABLE. penalty of eighty-fmir cents for each, month's neglect, CHAP. I. one half to the prosecutor and the other to the town Genera! treasury, (c) When any constable is employed by, or duties. commanded by a magistrate or justice of the peace to apprehend or arrest any person or persons, the consta- ble may not do it without a warrant in writing. (ble is assaulted iu the execution of his office, he need not retreat to the wall as a private person ought to do ; and if in striving together the constable kill the assailant it is no felony ; but if the constable be killed it must be considered premeditated murder, (m) If a constable come to appease a sud- den affray in the day time, in die town whereof he is constable, it seems every man is bound to t-ike notice that he is constable, because he is chosen and swcrn in public town meeting, of which all the inhabitants are presumed to have knowledge; but not so iu the night, unless there be some notification of his being constable ; but whether it be day or night it is sufficient notice, if he declare himself lo be constable or command the (A) 6 Co. 54. 9 Ibid. 69 (i) Dyer 244, (f) Dolt. Jus. c. 117. H. P. C. 81. Cromjit. 148. (*) I Bac. Mr. 242. (/) Ibid. (m) 10 Co. 63. 1 H. P. C. 129. 10' Ibid. 494. COMPLETE CONSTABLE. 21 peace in the name of the State, and the like, for any CHAP. I. who coine to his assistance. () And if upon any at- ^GeneraV fray made, the constable and others in his assistance duties. come to suppress it, and to preserve the pcnc, and in doing their office, the constable or any of his assistants be killed, it is murder; although the murderer knew not the party killed, (o) And those v. ho come in r.s- assistance of the constable-, whether called by him or aot, are entitled to like protection of the law. (y) By the ancient common law, constables acted as in- Informing forming officers, and m^de presentments of minor of- officers, fences inquirable of in the sheriff's lorns and courts leet, two courts held by the sheriff in which small offences were tried, (q) Our statute extends their duty in that respect to all breaches of the law coming within their knowledge, (r) Every constable within his town, has full power and ;r; sei V e authority to serve and execute all lawful writs to him a "d execute directed and coming from lawful authority ; and may execute the office of water-bailiff; and must receive all manner of writs in any place within'his town, and at all times, (the Lord's day, fast and thanksgiving days excepted,) wheresoever and whensoever they are tendered to him, and must execute the same and make return according to the directions therein given : And any person may demand of the constable to whom he delivers any writ to give a receipt therefor under his hand, wherein the names of the parties, the sum or thing demanded, the dale of the writ and of its deliv- er) 7 , shall be contained vithout taking any thing there- for ; and on his refusal, others present may set to then- hands as witnesses to such deliver}'. And if such constable shall not execute, or shall neglect to make a (n)l H.P.C. 461. CM Ibid. < 1 Slat. 192- Co) 4 Co. 40. 1 H. P. C. 463. jfj Dall. &htr> 368. 22 COMPLETE CONSTABLE. CHAP. I. return thereof, or shall raalce a false or undue return., S Genera7' on complaint thereof, the court or justice may enquire duties. thereof by the evidence produced ; and if he be found in default, the court or justice may set a suitable fine upon him and award damages to the party aggrieved, having respect unto the quantity and quality of the action, and the peril that might have happened to him by the delay suffered ; which process must be served at least fourteen days before the sitting of the court wherein it is to be tried. And whenever any consta- ble is sued for not executing any writ of execution de- livered to him to be executed, no appeal can be allow- ed, if a receipt in writing were demanded or received of such constable for such writ of execution at the time of the delivery thereof : But if sijch officer be complained of or sued before an assistant or justice of the peace, for not executing, or for making a false or undue return of any writ of execution granted by an assistant or justice of the peace, on the confession of the debtor, either of the parties in such complaint or suit may appeal from the judgment of such assistant or justice to the next County Court in the same coun- ty. () No action or suit either in law or equity, can be brought or maintained against any constable for any neglect or default of such constable in his office and duty, but within two years next after the right of ac- tion accrues, saving that infants and femes covert may bring such action at any time within t wo years after any such infant arrives at full age, and any such feme covert becomes discovert, (w) An officer may serve a writ iu favour of, or against the town of which he is an inhabitant, (x) If bond for prosecution has been given on any \vrit by the offi- (v) 1 Stat. 600, 601. O) Itfd. 460, 461. (.r) 1 Root, 175. COMPLETE CONSTABLE. 28 cer only who serves the writ, yet the service is CHAP. I. ood - foO ^G^l duties. The civil authority, select-men, corstables, and Appoint- grand jurors in the several towns, must some time in went O f ju- the month of January in each year, meet ami choose jurors to serve in the several Superior and County Courts, as they may be respectively required. When so chosen, the name of each respective juror, must by the town clerk, be written on a piece of paper by it- self, and be put iulo a box with a lock to it by such town provided, which box must be locked up and kept in the hands of such clerk, that the names may be drawn as by law is required, (a) Whenever the clerk of any Superior or County Court, To serve ju- issues n warrant directed to either of/the constables of iy wairan any town in the county in which the court is to be holden, to summon and warn so many able, judicious and lawful freeholders of the towns as the warrant directs, to attend and serve as jurors at such court, the constable of such town, who receives such warrant so to him directed, must repair to the office of the town clerk of the same town, and in his presence, (or in his absence, in the presence of one of the select-men or of a justice of the peace,) draw out of the box wherein Are the names of the persons appointed to serve as jurors for that town, the number his warrant directs him to summon, without seeing the names he draws before he draws them : And having so doae must then proceed to summon the men for jurors whose names he has so drawn. But if any or all the men whose namcB are thus drawn, are at the time from home, or are sick or otherwise unavoidably hindered from attending such com t, Ins or their names must be returned into saio:c, and another or others drawn and summoned Jr. imnner aforesaid. And the constable must male* CHAP. I. General duties. Penalty for neglect COMPLETE CONSTABLE. timely return of his warrant to the clerk who granted the same, with an endorsement thereon, certifying whom he has summoned as aforesaid, on pain of for- feiting and paying to the county treasurer for the use of the county, a fine not exceeding Jive dollars, at the discretion of the judges of such court, unless such con- stable shall offer a reasonable excuse otthe acceptance of such court. y ees< Every constable, for summoning jurors as aforesaid, Is allowed, (except for the return of the warrant,) the same fees for travel and service as on other processes hi civil cases, which fees are paid out of the county treasury, (a) By immemorial usage, a constable of the town in which any court is in session, while a jury is employed therein, attends upon and provides for them. And when the court have committed any cause to their consideration, is commanded to tuke charge of them, and by statute ought to confine them until they air agreed upon a verdict. (&) When any person comes to a sudden, untimely or unnatural death, or is found dead, the next assistant or justice of the peace, or in his absence, the consta- ble of the town ia which such event occurs, must forthwith summon a jary of twelve aWe and discreet men, who must be sworn by such officer to enquire of Ihe cause and of the manner of such person's death, :'.ad who must present upon oath a true verdic* there- r.f under their hands, unto some assistant or justice of the peace, who must return the same to the next Supe- rior Court held in the snme county ; aH which services* must be performed without fee or reward (c) (a) 1 Slat. 428. 429. (6) Ibid. 3f>. V. COMPLETE CONSTABLE. 95 When any horses, cattle, swine or other creatures, CHAP I. taken damage feasaut, are impounded, (the owner ^T^^T' thereof not being known,) the impounder must forth- duties. with inform some constable of the town wherein such When cattle are impoun- impounding has taken place ; and such constable must a e cl. cry such creatures with their natural and artificial marks by posting up the same in the town wherein they are impounded, and in the two next neighbouring towns, from which it may be most likely such crea- tures came; and if no owner appear, (in case of sheep or swine impounded,) in eight days, and in case of horses or cattle, in twenty days after cried and posted as aforesaid, so many of said creatures must by such constable be sold, at an out-cry, as may be sufficient to satisfy the damages and poundage, and for meat and water, and for the charges of crying and selling the same ; who must make return into the office of the town clerk of his doings aforesaid, together with the marks natural and artificial of the creatures so sold, with an account of the charges arisen, and the price of the creatures ; and after paying the town clerk for entering the same in the records, pay the overplus, (if any be,) into the town treasury to be kept for the use of the owner, (d) When any servant, servants or apprentices run from To pursue their masters, in any town where there is no assistant or justice of the peace, any constable and two of the chief inhabitants of such town, may press men and boats, if need be, at the master's request and charge, to pursue such servants or apprentices by sea or land and to bring them back by force, (e) Constables must receive and execute all warrants Must re* directed to them, issued at the request of the select men of any town, by the civil authority of such town, or a majority of them, for the removal of any person, (rf) 1 Stat. 555, 556. (0 Ibid. 487. 36 COMPLETE CONSTABLE. CHAP. I. an inhabitant of any of the United States, (this Stale V 7^^i' / exempted) who shall have come to reside in such town, to duties. the state from whence he or she came. And the expense of executing such warrants must be liquidated and allowed by the select-men of such town, and paid out of the treasury thereof, (fj Each horse, or horse-kind used or employed in any race, on which any bet or wager is laid, or any purse or stakes made, is forfeited to the State, and may be seized by any constable of the town in which such race is run. In any case of seizing as aforesaid, the constable must make information against the horse, or horse kind by him seized, to the next court of common yleas in the same county, (g) To unite The justices of the peace, constables, grand jurors with civil au- and tithiug-men in the respective towns, must annual- thonty in suppressing ly meet on the first Monday of January, and third Monday of June, at the place where their annual town meetings are held, or at some other place by them ap- pointed, there to advise, consider and use their joint interest in suppressing vice and immorality ; and for the due execution of the laws, to which their respec- tive offices have relation. Constables and grand ju- rors in their respective towns, must on the Lord's day evenings, and other public days of religious solemnity, walk the streets, and duly search all places suspected of harbouring or entertaining any people or persons assembled contrary to law : (/) And must carefully Must inspect inspect all taverns or licensed houses, and make due presentment to the civil authority, of all persons whom they find transgressing the laws respecting the regula- tion of licensed houses ; and must warn all tavern keepers to observe such laws, and not to entertain auy of the inhabitants of the town where they dwell con- trary to law. (i) Any constable, having a wan a at (f) 1 Stat. 391, 392. fe) Ibid. 381, 383. COMPLETE CONSTABLE. 97 from authority therefor, may enter into and search any CHAP. I. tavern or licensed house, and break open any lock or ^Gene^T' door as he may judge there is occasion, and command duties. any inhabitant of, or person belonging to the town wherein such house is, who shall be found there con- trary to law, to depart forthwith ; and may arrest all such persons *s refuse to depart on command so given, and them safely keep until they can be brought before an assistant or justice of the peace, and to enable him so to do, may command all necessary aid nnd assist- ance. Cj ) If any constable or grand juror find that any tavern keeper within the town, does not observe the laws aforementioned, nor keep due order, such con- stable or grand juror must make presentment thereof to the next County Court in the same county, at their first sitting (k) All constables must in their respective towns, ex of- ^ Q warH ficio by themselves or deputies, warn the freemen to freeman's meet together on the third Monday of September, and meetiu S 9> on the Monday next following Ike first Tuesday in April, at nine of the o'clock in the morning, at some convenient place, where such meetings are usually held, for the purpose of electing Slate officers, Representa- tives to the General Assembly of the State, together with Representatives to Congress, in the years when by law they are to be elected ; and when so command- ed by any special writ of election, issued by the Go* vernor for the electiou of any member or members of Congress, to supply a vacancy in the representation of the State, must in the execution of such writ warn a special freeman's meeting according to the directions in such writ contained : And if any constable, whose duty it is to warn any such annual or special freeman's meeting, neglects so to do, he forfeits to the treasury of the State, the sum of fourteen dollars for every neglect thereof. (I) (j) 1 S(at, 041, (*) Ibid 842. (/) Rid. 245. 259. 28 COMPLETE CONSTABLE. CHAP. I. duties. Must side To make election laws. When, in any such meeting so convened, there is BO assistant or justice of the peace, the senior constable present must preside ; and in case of equality between any such constables, the eldest constable must preside ; unless a majority of constables present agree upon and designate some other person, in which case, the person so agreed upon may preside. And in all freeman's meetings, if there be not present a sufficient number of the civil 1 authority for the assistance of the presiding officer, in the performance of his duties in such meeting, the constables present, if any be, must assist such pre- siding officer in the business of the meeting, and dispo- sing of Ihe votes, and making out proper certificates according to law. (m) In order, as far as may be, to preserve the purity of elections, constables and grand jurors are especially enjoined to enquire after, aud make presentment of offences against the laws regulating freeman's meet- ings. Those offences are particularly, 1st. Voting without having been admitted a freeman : 3d. Giving or receiving, or promising a sum of money or other matter or thing, by way of gift, fee or reward, for giving or refusing to give any vote in the election of a member of the General Assembly, or a Represen- tative to Congress, or a promise to procure or confer any gratuity, reward or preferment, on account of any vote given or withheld at such election : 3d. Distribu- ting gratuitously, either by himself or others, or an offer or promise made so to distribute spirituous liquors, on freeman's meeting days, either before or after such meeting, or at any time with evident intent to pro- cure the votes of the freemen, (n) Any person abusing any constable in the execution ted from a- of his office, may be compelled to find sureties of the peace and good behaviour, until the next County (m) 1 Stat. 251, 252. () Ibid. 246, 247, 248. 250, 251. COMPLETE CONSTABLE. 2 Court in that County, and on refusal may be commit- CHAP. I. ted to goal till the session of such Court ; which may ^r^^^ inflict such penalty on the offender as the offence de- duties, serves, not exceeding five dollars, (o) One, and but one constable must be annually appoin- TO collect ted in each town to collect the State taxes, and make taxes - up the accounts thereof with the State Treasurer, (p) If no particular time be fixed in the grant of any State tax, for the collection and payment thereof into the state treasury, it must be collected and paid in be- fore the last day of August ia each year. (! or constable, in behalf of the State; or by a private MI rson in his own behalf, as well as of the State ; or .-!ii indictment or presentment of a grand jury, or in- formation of the State's Attorney, made to such Coun- ty or Superior Court. Tilhing-men may also make complaint, in behalf of the State, for the breach of all laws for the preservation of the Sabbath, and order in public worship. The warrant, when issued by a sin- gle magistrate or justice of the peace, is annexed to, or counts upon such complaint or information ; but when issued by the County or Superior Court, only counts upon the indictment, presentment or informa- tion, and commands by authority of the State, to ar- rest the offender or offenders, or to make the search or seizure required, and to bring such offender or of- luiders when arrested, forthwith before the magistrate or justice of the peace signing such warrant, or some other proper authority ; or when issued by a County or Superior Court, before the court which issued such warrant, and to safe keep the property found or seized. "When a warrant is issued on the information of a pri- vate person in his own behalf, as well as that of the State, he must girc bond for prosecution, at the lime i: CHAP. 11. Criminal process, -CHAP. II. COMPLETE CONSTABLE. of issuing the warrant ; and a duty of seventeen cents. if for an offence within the final jurisdiction of a sin- gle minister of justice, or of thirly-fcur cents, if tin- trial appertains to the County Court, and of one dollar. if within the exclusive jurisdiction of the Supcrioi Court, must he by the authority signing such warrant, certified to have been paid ; which endorsement must be in words at full length, or it will be void, (ft) Warrants may also be issued by magistrates and justices of the peace, for arresting persons guilty oi profane swearing, cursing, drunkenness or breaking the Sabbath, when such magistrate or justice has plain view or personal knowledge of the ofTeuce, without such information ; but such warrants must contain a statement of the facts whereon they are founded, (c) Magistrates and justices of the peace, may also issue warrants for the apprehending and arrest of felons and other allrocious offenders, on oath made before them, of the felony or other attrocious offence committed, and identifying the felon or offender. Tins, though not frequent in practice in this St::te, is sometimes ne- cessary, or the vilest criminals might escape, and is warranted by immemorial and constant usage in Eng- land and the neighbouring States, and appertains to the office of justice of the peace. The Govemour, Lieutenant Governor, Assistants and Judges of the Superior Court, act as justices of the peace throughout the State, and may issue crimi- nal process to all officers accordingly. Criminal pro- cess, issued by the judges of the County Courts, justi- ces of the quorum and justices of the peace, is of no authority beyond the limits of their respective coun- ties ; unless where the warrant is directed to some par- ticular officer by name and office, to apprehend and COMPLETE CONSTABLE. ining before the authority issuing the same, sonic per- son against whom complaint is made for criminal of- fence, for which he ought to be brought before such justice for trial, or examination, or as a witness ; in which case, such warrant so directed, may be served by such officer in any part of the State. () An officer may not attach the estate of the defend- ant, after having attached his body on the same writ, and token bail for his appearance. And if after-at- taching the body and taking bail, the officer without giving up the bail bond, attach estate and make return thereof, making no mention of the previous arrest, he is liable in an action for a false return ; and such action will lie for a third person, who had caused the same estate to he afterwards attached at his suit, (.r) If the plaintiff direct an officer to attach particular goods, not in the possession of the defendant, and ^^,/^^coucerning the right of property in which, there is a / dispute, the plaintiff ought to give the officer an in- demnity for making the attachment. (?/) O) 5 Mass. T. R. 162. (TO) 2 Root, 346, 347. O) 3 Mass. T. 7?. 561. (y) 4 Ibid. 60. CC. COMPLETE CONSTABLE, 46 CHAP. III. Civil pro- When goods or chattels are attached to secure the judgment v.liich the plaintiff may recover, if on the appeal, judgment be rendered for the defendant, the attachment is ipso facto dissolved ; and the officer Goods at- tached, how can no longer hold the property attached, against the i ong holden. demand of the defendant (z) If A. an officer, receive money on an execution in favour of B. and endorses the execution satisfied, the money lying on the table, C. another officer present, who has an attachment in his hands rgainst B. cannot attach the money so received by A. on execution in favor of B. and then lying on the table, for the pro- perty in money accompanies the possession ; and A. not having paid the money over to B. it is not liable to attachment as his property, but remains the prop- erty of A. until actually delivered into the possession of B. (a) sixty day* after judg- ment. Goods attached, cannot be held more than sixty Goods atta- days after final judgment in the action; and if not h klenonly taken in execution within that time, must be restored to the owner. And if the attaching officer deliver the goods attached to a third person for safe keeping, tak- ing a receipt for them, containing a promise to rede- liver such goods to the officer on demand, i;ud the offi- cer do not make such demand within sixty days after the rendering final judgment in the action, and after such expiration of sixty days after rendering final judg- ment, the person who had the keeping of said goods deliver them to the original owner, the officer can maintain no action on such receipt : (6) But if after the rendering final judgment in the action for the plaintiff, and before the expiration of the sixty days, the defendant bring a Avrit of error, which is duly serv- ed, and the original judgment affirmed on the trial up- (z) 4 Mass. T. R. 100. (A) Kirb. 40. (a) 1 Root, 544, 46 CHAP. HI. CivU pro- COMPLETE CONSTABLE. on the writ of error, the officer may make such de- mand at any time within the first sixty days after rendering such original judgment, th-.it the execution can be lawfully levied on the goods, including in such sixty days, the number of days between the rendering the judgment on which execution may issue, and the service of the writ of error, and a sufficient number first after the determination of such writ of error to complete sixty days, in which the execution may be taken out and served. Final judgment in an action, is a judgment on which execution in a course of regu- lar proceeding may be issued ; and a writ of error is no served, (c) Articles ex- empt from attachment Foreign at- tachment. If an officer, after having attached goods or personal chattels of the defendant, leave them in his possession and he sells them, or they are taken by another offi- cer, by virtue of another writ, the first attaching offi- cer cannot reclaim the goods, but has lost all hold up- on them, and is himself subjected to the plaintiff, (d) All the personal or movcablc estate of a defendant, is liable to attachment, except the following, viz. ne- cessary apparel, bedding, tools, arms or implements of his household, necessary for upholding life ; and such goods also, if presented by the debtor. And every de- fendant is privileged to keep one cow, two swine, and ten sheep, which may not be attached nor taken in ex- ecution, (e) Implements of husbandry used in tilling, it is believ- ed, are not within the statute exempting the tools of a debtor from attachment ; it having been so decided in the Supreme Court of Massachusetts. (~f_) In actions on foreign attachment, whether the writ be in form of a summons or attachment, service must (c) I Root, 481. (e] 1 Stat. 280, 281. 284. (rf) 1 Tyler's Rcfi. 294. (f) 5 Mass. T.R.11S. COMPLETE CONSTABLE. 47 be made by the officer's leaving a true ami attested CHAP. I1L copy of such writ, with each person therein named, civU^pro^ as attorney, factor, agent, trustee or debtor to the de- cess, fendant, or at the usual place of abode of such attor- ney, factor, agent, trustee or debtor, at least fourteen days before the time of trial : And if the defendant be an inhabitant of this State, or has for some time, or ever dwelt therein, then a like copy must be left by such officer, at his dwelling house or last place of abode within the State, (g) Whenever any proper officer, with a writ of attach- Attachment ment, or execution, applies to the cashier of any bank, scares; or to the secretary or clerk of any incorporated com- pany, turnpike company or other corporation, for the purpose of attaching or levying upon any rights or shares of the defendant, in the stock of such bank, cor- poration or company, such cashier, secretary or clerk, must furnish the officer with a certificate under his hand, in his official capacity, ascertaining the number of rights or shares the defendant holds in the stock of such bank, company or corporation, with the in- cumbrances thereon, if any there be, and the amount of the dividends due thereon. And such officer may attach such shares or rights, by leaving a true and at- tested copy of the writ, with his proper endorsement theron, as in other cases, with the defendant or at his usual place of abode, if within this State, and a like copy with such cashier, secretary or clerk ; which be- ing done, all such right or shares so attached, togeth- er with the interest, rents and profits of them, will thereby be holden to respond the judgment which may be recovered in such action, for the term of sixty days after the rendering thereof, and no longer. (K) Every defendant whose moveaole estate is attach- R ep i ev j B ed, may replevy it out of the hands of the officer. (?) 1 S(at. 62. 1 Root, 387. (h) I Sfat. 60, 61; 4s COMPLETE CONSTABLE. CHAP. III. This is done by a writ of replevin, commanding the ^-^T^*^^ officer, holding such goods, to redeliver them to the cess. defendant in the nclion, and to return the writ of re- plevin, with the original writ, to the Court to which it is made returnable. The bonds given on the writ of replevin, arc substituted for the goods attached, for responding the judgment which may be recovered. The writ of replevin must be signed by some authori- ty empoAvered to sign original writs ; and the officer must take good and sufficient security, to answer all such damages as may accrue from the release of the goods, &c. () And when any shares or rights, in the stock of any bank, insurance company, turn pike com- pany or other corporation, (having been duly attach- ed,) are replevied, the officer to whom such writ is directed, must leave a true and attested copy of the writ of replevin, with the cashier of such bank, or with, the secretary or clerk of such company or corporation, as the case may be, (the rights or shares in which have been so attached,) which will operate to re- lease such rights or shares from such attachment, and subject them to the controul of the owners as be- fore (j) To complete the service of a writ of attachment on personal or movcable estate, the officer who serves the same, must leave with the defendant whose estate is attached, or at his usual place of abode within this State, a true and attested copy of the writ with his endorsement thereon, describing the estate by him attached, all within the time by law limited for ser- vice of the writ. () la Hie service of an attachment, the officer may not take the goods nor estate of the defendant, and also take his body. And if after having taken the defend- (0 1 Stat. 574. 2 Swift's Syst. 92. (j) 2 Stat. 21, 22. (() Ibid. 59, 60. COMPLETE CONSTABLE. ants goods or estate, he also take his body, such offi- cer is liable to an action of false imprisonment.* (/) CHAP. III. When any real estate is attached by virtue of a Attachment writ of attachment, in any civil action, the officer ^ al es " who serves the same must leave with the defendant whose estate is attached, or at his usual place of abode, if within this State, a true and attested copy of the writ, with his endorsement thereon, describing the estate by him attached ; and must leave a like copy of the writ and endorsement, at the town clerk's office in the town where the estate lies, and until the service is so completed, the estate so attached, will not be held by such attachment, against any other creditor or boon fide purchaser, unless such copy be left in service within seven days next after attaching the estate, and before the time limited by law for the service of such writ, is expired. And no real estate, so attached, will be holden to respond the judgment obtained by the plaintiff, at whose suit it was attached, unless execution be taken out and levied upon the estate so attached, and the same be appraised and re- corded in the office of the town clerk, and of the clerk of the Court, from which the execution issues, within four months after such judgment, (m) Whenever, for the want of goods or estate, the bo- Attachment dy of a debtor is arrested by virtue of a writ of attach- f tn e body, ment, the officer serving the same must read it in his hearing : () And if the person so arrested, offer as bail, one or more substantial inhabitants of this State, of sufficient ability to respond the judgment which may be recovered in the action, to become bound to such officer in a sufficient sum, conditioned for the ap- * For further particulars respecting serving attachments on goods and chattels, see Execution. (0 2 Root, 346. fn) Ibid 33. (m) I Slat. 59, 6.Q, G CHAP. III. Civil pro- cess. COMPLETE CONSTABLE. pearance of the person so arrested, before the Court to which said writ is made returnable, such officer must accept such bail, and thereupon discharge the body of the defendant. And no recovery shall be had against the officer who served the attachment or took the bail, unless he shall have taken insufficient bail, or shall refuse to let the plaintiff have the bail bond, that he may have his remedy theron. (0) But if the defendant whose body has been so at- tached, cannot, or neglects to procure bail for his ap- pearance st Court, as aforesaid, the attaching officer must apply to some civil authority, whose duty it is on such application, and being satisfied of the facts of such attachment of the defendant, and of his neglect or refusal to procure baii, to grant a mittimus^ express- ing the ground and cause of commitment, and requir- ing the gaoler or keeper oi the prison in the county where such attachment has been made, and if there be more prisons than one in such county, the nearest 0f tlicm to the place where the person was attached, to receive and keep such defendant, within the prison, until discharged according to law : (j;) And such ofi> eer mus t thereupon convey and deliver to such goaler, such defendant, together with such ntiltimiif,, within the prison, and jjiake return of his writ with his do- iugs thereon endcxced. (q) Persons pri- vileged from attach- ment. ]N~o writ of attachment, in any civil action, may be served on the body of any Embassador, or other For- ciiu Minister, their Secretaries, Families or Servants. though natives of lUe State; nor upon any member t>f Congress, going to, or returning therefrom ; nor up- or. : ,i>y member of the General Assembly of this State, in goiiig to, attending upon, or returning from the same ; nor upon any clcrgj man, while going to, oi CO 1 Stat. 68, 69. (?) Ibid. 53. (70 Ibid. SB. 60, COMPLETE CONSTABLE. 51 returning from Church, nor whtte in the performance CHAP. III. of divine service in any place of public worship ; nor ^^!^ upon jurors, parties or witnesses goicg to, attending proceat. upoB, or returning from Court ; nor upon any executor or administrator, in an action brought against him or her as such ; nor upon any person, in the presence of any court of justice in actual session, (r) Members of the General Assembly of this Slate, are also privileged from suit by summons v. hile going to, attending upon, and returning from a session thereof, as well as by attachment, and from being held to an- swer to any process whatever, except for treason or felony. (*) Sheriffs are said to be privileged from being held to answer in a writ of attachment, as well as from ar- rest ; but this is doubted. Should a writ of attach- ment be issued by lawful authority, directed to a con- stable, he most surely ought to execute it according to the directions therein, upon the goods or estate of the defendant, if to be found. No writ or process, in any civil cause or action, may be served on the Lord's day, and when attempted, the service is void, the officer liable to fine for breach of the Sabbath, and to an action of trespass, if levied up- on goods, and of false imprisonment, if on the body of ,4he defendant. () All writs made returnable to any County Court, Retum ^ must be returned into the office of the Clerk of such process Court, on the day before the sitting thereof, and not after, (a) (r) 3 Burr, 1478, 1479. 1 Slat. U. S. 9. 1 Stai. 203. Kirb. 68. Tid. Prac. 188, (s) 1 Stat, 203. ft) 1 Siah-57?. () Mid. 23. COMPLETE CONSTABLE. CHAP. III. Civil pro- cess. Where an officer who served a writ of attachment, and took the property of the defendant, returned the \vrit to the house of the Clerk, and in his absence de- livered it to his wife, and informed her what it was he thus delivered to her, it was held a sufficient return into the office of the Clerk, to exonerate the officer, in an action against him for not returning the writ. (6) An adversary petition, brought to the General Assem- bly, must be served by a copy of such petition being given or offered to each respondent therein named, if living within the State, or left at the place of his or her abode, if returnable to the May session, at least twelve days before the first Tuesday after the opening of the Assembly, and must be returned before such Tuesday ; and if returnable to the October session, such service must be made at least twelve days before the second day of the session, to which the petition is returnable ; and must be returned to the Secretary, on or before the first day of such session, (c) Fees must be endorsed on original writs, &c. The officer, who serves any writ or process, except- ing executions, must endorse on such writ or process, the fees by him charged for such service, with the number of miles by him travelled, and the other items constituting the amout thereof ; which if charged too high must be reduced by the Court, Assistant or Jus- tice, to which the writ is returned, (d) And no offi- cer may be allowed any more fees for travel to serve any writ or execution, than he actually travels to serve the same, to be computed from the place of the officer's abode, to the place of service, and thence to the place of return. (n and lands of the debtor, and for want of such money, s j L ,- ne (} and* goods, chattels or lands, against the body, (a) But directed, in executions against a sheriff or insolvent debtor, de- clared to be such by the Superior Court in certain ca- ses, and in some cases of special acts of insolvency, gran- led by the General Assembly, and on judgments render- ed against executors and administrators as such, the command to take the body, is omitted. So also, in executions against bodies corporate, "which cannot be imprisoned. Though executions run against the lands of a debtor, which may be taken and set off in satisfaction of such executions ; yet it is at the election of the creditor to take the lands or the body of his debtor, in case personal estate cannot be found sufficient to satisfy the execution. (c) But if the debtor at any time before commitment on execu- tion, tender to the officer within his jurisdiction, suffi- cient money, goods or chattels to satisfy the same, the officer is obliged to accept such money, goods or chattels, and omit to take the body of the debtor ; or if already taken, to release it, if such debtor gives satisfactory evidence to the oflicer, that the goods and (a) 1 &Q4,. 2 John. Rep 418. ' (?) 3 Com. Dig. *99. 3 Mod. Rep. 2,^6. (r) 5 Mass. T. R. 373. 174. () Com. Dig. 299. (0 Cos. Temp. Ld. Hardw. II. 53. Sup. C. C. COMPLETE CONSTABLE. 61 gold and silver coin, may be taken in execution, and CHAP. V. endorsed at its statute value, (u) ^^^^^ Execution. If there be joint partner*, and execution issue a- gainst one, the partnership goods may all be taken ; but the officer must sell only the defendant's share, and that subject to all leg :1 claims upon it, and the purchasers will be tenant in common with the other partner, (v) If an execution issue against a corporation, the offi- Against cor- cer cannot take the goods which a member of such P ratlons ' corporation has in his natural capacity, but must take the goods of the corporation only : (ro) Nor may he take several chattels where one is evidently sufficient for the debt and costs : Nor may he de- tain the chattels taken till the money be levied ; (x) but must according to the directions of the statute, proceed to sale, and if he keep them beyond the twen- ty days, though by agreement with the parties, he can- not make a v:*lid sale by virtue of the execution as against another creditor ; unless he levy anew, and post for another twenty days ; and if before such new taking, they be seized by another officer under anoth- er execution, he may lawfully proceed as though they had not been taken on the first execution, (y) When an officer has taken goods in execution, he may sell them, and complete the execution of the writ, though the term of his office expires and is de- termined, before the legal day of sale ; (s) but if a le- vy and sale be made by an officer, after the execution is returnable, he acts altogether without authority, and is liable as a trespasser. The latest period which the law allows for the service of an execution, is the () 1 Crunch, 134. 1 Root, 11G. (v) 1 Salk.T-92. 3 Bog. and Pal. -J93. (TO) 3 Com. Dig. 299. (*) Ibid. 300. (y) Sufi. C. C. 5 Mass. T. R. 599. (-) Mod. S9J. 299. 68 COMPLETE CONSTABLE. CHAP. V. return day, after which the power of the officer under jg^V such execution is gone, (a) A sale by an officer, legally made, continues good, though the judgment be afterwards reversed ; for the money only shall be restored, if the sale was to a stran- ger ; otherwise of a term to the plaintiff, (i) When goods sufficient to satisfy the judgment, are seized on an execution, the debtor is discharged, even if the officer waste the goods, and make no sale, (c) Yet it seems, that after the time has expired in which by law they ought to have been sold by the officer on the execution, if in being, they of right be- long to such debtor, who may take them, such levy notwithstanding, (rf) as may also any other creditor take them in execution, as such debtor's property, (e) If an officer have money in his hands, collected on an execution in favour of A. against B. and have an- other execution in favour of C. against A. the officer may not levy C's execution on the money so collect- ed of B. until it is paid over to A. and in his actual possession. Lew if com- ^ an ffi cer commence levying an execution, and mence'l, take goods upon it, and is afterwards served with a co- completed. P v f a w "t f error Brought by the defendant in the execution, to reverse the judgment on which it issu- ed, the officer must notwithstanding, proceed with his levy and make sale of the goods taken, (f) If an officer collect money on an execution in favour of A. and before the return day of such execution, and (a) 3 Day, 1. 1 Root, 101. 4 Johns. Rcji. 446. M Y. T. R. 243, 1 Sulk. 321. Cro. Jac. 505, 506. () 5 Co 90 Yel ISO (c) 4 Mass. T. R 403. (rf) 5 Ibid. 399. 4. East 4 523. (ke, and must thereupon, call upon the creditor and debtor each to choose an indifferent freeholder of the to\vu wherein the lands or tenements so seized lie, and to agree upon a third indifferent free- holder of such town, to appraise such lands or tene- ments, unless such town be a party to such execution, in which cr.se, such choice and agreement must be of freeholders from the next adjoining town. If either of the parties refuse or neglect to make such choice, or if they do not agree upon a third appraiser the officer must apply to the next assistant or justice of the peace, who by law, may judge between the parlies in civil ca- ses, which authority must appoint one or more apprais- ers, as the case may require ; v, hich appraisers must be sworn according to law ; all which having been done, and the lands or tenements appraised by such ap- praisers, agreeably to their oath, according to the true and just value thereof, such officer after having endor- sed upon such execution all the proceedings aforesaid, according to the truth of the facts, (including a de- xn.-nd of payment [reviews to the levy, if such debtor live within the precincts of the officer.) must cause the execution with his endorsement thereon, to be record- ed in the record of lands in the town wherein such lauds or tenements are situ; ted, and then return such execution, so endorsed, into the office of the clerk of the Court out of which it issued, (p) If an officer return, that an appraiser was appointed by a justice of t-ie pe^ce, but does not state, Hint the debtor refused to choose, or UK t the parties did uoi agree in the choice of an appraiser, the return is bad, the levy void ; and 110 title to the land is conveyed to the creditor, (q) If an execution, issued in favour of a married wo- man, on a judgment in an action commenced by her C/z) 1 Stai. 282, 283, 54ft. (?) 2 Mass. T. R. 154, CHAP. V. 00 CHAP. V. Execution. COMPLETE GOJN'STABL^. while single, be levied upon land, she musj, as the creditor, choose one of the appraisers, and such must be the return of the officer. And though the estate of the debtor be but an estate for life, or a chattel inter- val, he holding under a lease for nine hundred and ninety-nine years only, it mutt be appraised and set off in the same manner as where he is tenant in lee sim- ple, (r) Any justice of the peace, of the town where the land lies, may appoint appraisers, though not the nearest to. the land : And if the parties agree upon a teuai:t of the debtor for an appraiser, knowirg him to be such, neither of them in;>y afterwards allege that he was not indifferent ; and an apjraisal by him will he good, (s) But an appraisal made by u freeholder of another town, thoi.gh Agreed upon by the parties, will be b;;d, and the levy void, and no title be acquired by the creditor in such execution, (f) After a levy upon land by the direction of the cred- itor, and an appraisal thereof, the officer cannot desist, and at the request of the creditor, take personal es- tate ; and if he sp do, an action of trespass lies against, such officer for the taking such personal estate, as much as if the execution had been satisfied years be- fore, (u) The officer who levies an execution upon land, whether the estate of the debtor therein, be an estate in fee or for life, or a term for years, and held in sever-, ally and umi:cumbered, must cause the i\hole estate of the debtor in the land so taken, lobe appraised, and then set off so much thereof by metes and bounds, as will at such appraisal, satisfy the execution and cost of (r) 2 Root, 15. 328. (t) Ibid. 196. (*) 1 Ibid. 141. (w) 2 Day 317. levying, if there be sufficient of the land whereon the CHAP V. levy is made. (,) E|^ If an officer levy an execution on real estate, sub- ject to, and iiicumbered with sums due on a mortgnge, the right or equity of redemption only, can be apprai- sed ; nnd if appnised at more than the amount of the execution, charges of levying and officer's fees, he can- not set out a part of the land by tnetrs and bounds, but inust set off to the creditor such a proportion of the right or equity of redemption, being an undivided right, as the amount of the execution, officer's fees and other Charges, bear to the whole appraised value of such right or equity of redemption, (fr) If moveable or personal estnte of the debtor, suffi- Levy of exe- cient to s-itisly the debt and charges, cannot be found, cutiononthr and the creditor does not agree to take the debtor's land in satisfaction thereof, the officer inut arrest the body of the debtor, and him commit to the common gaol in the county wherein the execution is levied ; and at the time of commitment, deliver to the gaoler or prison keeper, a true and attested copy of the execution, by virtue of which the commitment is made ; and must, when committing on a warrant of distress, deliver to the gaoler or prison keeper a like attested copy of Such, warrant, (a) If the officer put his hand on the prisoner, or only touch him, saying he arrests him, it is sufficient; with- out shewing the execution or saying at whose suit it issued, if the debtor does not enquire, and thut though the officer have the execution in his pocket, or have two there, and do not say on which the debtor is taken, for he is by such arrest holden on both : (A) But if (v") 2 Root, 15. 328. (w) 2 Day, 317. () 1 Slat. 282. (6) Cro. Jac. 4S5, 486. 1 Salk. 79. 68 COMPLETE CONSTABLE. CHAP. V. the debtor request it, the officer ought to read him the ^ g ^~^^^ > execution, (c) .Execution. Words only, do not constitute an arrest, there must be an actual touching of the body, or a power of ta- king it, and a declaration by the officer, tint he makes an arrest, and a submission thereto by the debtor, (d) If after an arrest made, the debtor escape into his house, the officer may break open the house to retake him. () To make an arrest in the first instance, the officer may break the house of a stranger where the debtor is seen ted ; but he must be certain fie debtor is there, and first make flemaud of admittance, st.'ting the ciuse, otherwise the owner or tenant may lawfully resist, and will also be entitled to his action against such officer, (fj) If before an arrest be made, the debtor pay the debt, lie may not be arrested ; and when taken, if he satisfy the execution, the officer must discharge him. (g) If the officer be served with a copy of a \rr\t of error, prosecuted by the debtor, for the reversal of the judg- ment on which the execution issued, or the original writ of error be delivered to such officer for service, before am arrest made by virtue of such execution, no arrest uuy then be made. (K) If the'creditor consent to discharge one of several defendants taken on a joint execution, he may not af- terwards be retaken ; nor may the others be holdeq. A discharge to one is a discharge to all. (i) (r ) 6 Co 54. (rf) 1 Salk. 79. Bui. M P. 62. (e ) T Salic. 79. 6 Com. Dig. 303. ft} 3 Ibid 303. (.) Cro. Eliz. 404. (A) Com, Dig. 303, 304. (i) 6 Term Reft. 52& COMPLETE CONSTABLE. 69 If an execution be good 011 the face of it, the officer CHAP. V. is bound to execute it. (j ) ^^" v ^" / ^ JJ Execution. An execution returnable, " according to law," runs to the next Court, which is to commence at the dis- tance of sixty days or more from the date of such exe- cution, and may be levied at any time before the ses- sion of such Court, commencing its session sixty days or more from said date. (&) If an officer, for want of money, goods, or chattels of the debtor, take his body in execution, and the debt- or thereupon tender personal estate apparently suffi- cient to satisfy the execution, and the officer there- upon release the body and t Jcc the goods, and on sale they prove to be insufficient, he may for the residue, take further goods, if to be found, and if not, may again take the body in execution ; for his release of the body was lawful, and no voluntary escape which precludes a retaking. (/) Notwithstanding the gene- ral principle, that an officer cannot retake his prisoner after a voluntary escape, it has been held th.it an offi- cer who had taken a debtor in execution, and at his ( request, permitted him to go at large on his promise | to return, might retake such debtor at any time with- in the life of the execution, and commit him to prison ; and that the officer for so doing, neither subjected himself in false imprisonment to the debtor, nor for the escape to the ci editor, (m) Though such has been the decision, no prudent officer ought to risk the question being made again. When goods or chattels, taken in execution, are re- ceipted by any person, who in the receipt, promises to redeliver such goods or chattels to the officer, at the (j) Kirby ISO. (*) 1 Root, 101. (O/rf/rf.120. Kirb.UQ. (m) 2 Root, 133. COMPLETE CONSTABLE. time and place, of sale, and viol ties sucli his under- taking, and an action is brought on such receipt, no appeal may be granted, (n) In all cases where the debtor in the execution nnn> ed, lives within the jurisdiction of the officer holding the same for collection, he must at the usual place of abode of such debtor, m.ske demand of payment of such execution, before he can lawfully take either per- sonal or real estate : And in his return, he mu&t al- ways state such demand's having been BO made, (p) Fees for le- When an execution is levied and collected, the offi- vying must cc r must endorse thereon the amount of his fees for such levy or collection, and the items constituting the same ; and at any time previous to returning such ex- ecution into the office whence it issued, must if there- to required by the debtor, deliver to him without any fee or reward, a bill of such fees by him charged, sign- ed by him, containing the items and expressing the name of the creditor in the execution, the court which issued the same, together with the d ite and amount thereof; and in case of refusal or neglect to iri.ike such endorsement, or deliver such bill, if required, such offi- cer shall forfeit and pay to such debtor a sum equal to threefold the amount of his fees on such execution, (q) If any officer, for the payment or security of the amount due on any execution, or any p?rt thereof, take more than one bond, bill, note, receipt or other instrument to himself directly, or to any other per- son for his use, or in which he shall be directly or in- directly interested, every such bond, bill, note, receipt or other instrument is utterly void, (r) (n) 1 Slat. 602. (p.) Ibid. 184. (?) Ibid. 603. (r) Ibid. COMPLETE CONSTABLE. If any person, authorised either generally or special- ly, to serve any kind of process, shall for any such service by him performed, endorse as his fees on such process, more than by law he ought to have endorsed, or shall in any way demand or receive for such service, more than his lawful fees, he shall forfeit and pay a sum threefold greater than the amount of such excess, to be recovered by the person against whom such ille- gal charge is made. (*) (*) &at. 6Q&. COMPLETE CONSTABLE. CHAPTER VI. RESCOUS. VI. J_%>ESCOUS is the taking away and setting at liber- ty against law, a distress for rent or services, or dam- age feasant ; or forceably freeing another from arrest, or legal commitment ; and is a high offence, subjecting the offender not only to an action at the suit of the party injured, but likewise to fine and imprisonment, on public prosecution." (a) Rescous cannot be committed unless the chattels or person supposed to be rescued, be in actual custody of the party from whom the rescue is made ; for if a man come to make an arrest, or distrain, and is distur- bed or obstructed before having made the arrest, or seized the distress, it is no rescous, and the remedy is by action on the case for the disturbance : But if ha- ving taken the cattle by distress, and while driving them to pound, they go into the owner's house, and he refuse to deliver them, it is a rescue in law. (b) The officer may return a rescue upon me sne process, and is subject to no action ; for he is not obliged to lake the power of the county, though he is obliged to make arrest, if he see the defendant and can do it. But if the person arrested on mesne process, be com- mitted within the prison, or the sheriff had noiice so (a ) Cok. Lit. 160. F. JV. -B. 226. (/>) Ibid, COMPLETE COKSTAfcLE. 7S that he could have raised the posse cmiitatus, he may CHAP. VI. ml return the rescue except by public enemies, (c) S Re^codT < ' The return of rescous ought to be certain, and must show that the person rescued was in custody, (rf) and where he was arrested, and where rescued, that it may appear, that it was within the officer's jurisdiction. The time when the arrest was made, must also be set forth, and from whose immediate custody, (e) If an officer make an arrest and there is an attempt to rescue the person arrested, the officer may use all necessary force to prevent it ; and in an action against him for a battery, the attempt to rescue will be a suffi- cient justification. ("/_) Though on mesne process, rescue is a good return in ordinary cases, yet upon an execution, the sheriff may not return a rescous, unless it be done by public ene- mies. If the rescue be made by a mob, in a riot ever so strong, it will not justify the officer. If an officer seize goods upon execution, and they are afterwards taken away by a stranger, the officer may not return a rescue ; for by virtue of the seizure on execu- tion, such officer has property in the goods, and may maintain trover or trespass for them. By a return of rescue of goods seized on execution, the officer becomes liable to the plaintiff to the value of the goods.(/i) (c) Cro. Elz. 866. Cro. Jac- 419. 4 Co. 84. 4 Term Rep. 789. 1 Slat. 488. 5 Bur. 2812. (rf) Com. Dig. 459- 4 Bac. Abr. 402. (0 Ibid. 4 Bac. Abr. 402. (f) ' Esfi. Dig. 315. Cro. Jac. 419. 4 Ter. Rep. 787. (A) 4 Bac. Abr. 396, 397. Cro. EHz.639. Shorn. 180. K 74 COMPLETE CONSTABLE. In rescue or mesne process, the plaintiff has his reme- dy against the rescuers only , (i) but for rescue on exe- cution, against the officer, or the rescuers, at his elec- tion. If against the officer, he may take his remedy over agaihst the rescuers, (j) (i) Cro. Eliz. 808. Cro. Jac. 419. 486. (j) Cro. Car. 109. 4 Buc. Mr. 399. COMPLETE CONSTABLE. 75 E CHAPTER VII. ESCAPE. I SCAPE signifies a violent or private evasion out CHAP.VH of some lawful restraint ; as where a person arrested or ^^~v~x^ imprisoned, gets away before delivered by due course of law. (a) Escapes are either voluntary or negligent ; volunta- ry escapes are such as are by express consent of the keeper, after which, he can never retake his prison- er ; (6) but the officer must answer for the debt. Negligent escapes are when the prisoner escapes with- out the keeper's knowledge or consent, and then upon fresh pursuit, the defendant may be retaken ; and if before action brought for the escape, the officer will be excused, (c) An officer cannot be charged with an escape, before he 1ms the party in actual custody, by a legal author- ity. But if A. be arrested and in actual custody of the officer, and afterwards another writ be delivered to him at the suit of B. upon the dt livery of the writ, A. by construction of law, is immediately in custody on B's writ, without an actual arrest : And if he escape, B. may maintain his action for such escape, against the officer, in the same manner, as if he were in custo- dy on B's writ only. (id, that an officer cannot retake his prisoner after a voluntary escape, this applies to arrest upon execution. In such case, if the officer volunta- rily permit the prisoner to go at large, though only for a miiiute, he cannot ret ike him ; for by such volunta* ry permission the debt is transferred to the officer, and then to retake the prisoner, would subject the officer to un action of false imprisonment. But an office? who h.-.s arrested a defendant oj] mesne process, though lip voluntarily permit the prisoner to go at J-=rge iinme- d'uit. ly ;>ftcr the arrest, may retake him before the re-? turn of the writ. The officer may confine his prisoner arivsted on uiesne process, or permit him to go at large, provided hebi.vehimat tb- return of the writ, so that the phi:.tiTis not damnified, (i) If a prisoner escape without the knowledge or consent of the officer, lie (0 Cro. Eliz. 240. 225. ffj 1 Johns 215. (g) 4 Term. Refi. 611. (h} 2 Ztec Jbr. 239. (z) 5 JoJm. 182. 2 Term Rep. 172. 5 Ibid. 37. COMPLETE CONSTABLE. 77 may maintain an action for the escape against such CHAP. VII- prisoner, whether he retake him or not. (") ^Escfme"' An action lies against an officer for the recovery of the whole debt, if a defendant taken in execution, be afterwards seen atlarge, for any the shortest time, even before the return day of the writ, (j) If a prisoner escape through the negligence of the efficer, he may pursue and retake him at any time af- ter, when he can find him, either in the same or a dif- ferent county, and even in another state, (k) For negligent escapes, on criminal process, the officer Escape on is subject to a fine only ; but if an officer voluntarily ^ and with intent to save from trial, (in) or punishment, a prisoner charged with, and guilty of a crime, give him his liberty, such officer is thereby involved in the guilt of the same crime, of which the prisoner was guilty and stood charged : (n) But if the prisoner was not convicted, the officer can be tried for a misprison only, before the prisoner be retaken and condemned, except in the case of treason, in which he may be tried and punished for trenson, with out waiting for the con- viction of the prisoner. (0) If a constable arrest a defendant, on a warrant issu- ed by a justice of the peace, and after the arrest, the constable permit him to go home on his promise to re- turn, and on his way meets a deputy sheriff and goes back with him, and the deputy sheriff arrests the de- fendant, and takes him to prison on a criminal process, (i) Dal. Sher. 139 (j) 2 Dlac. Reft. 1048. () 3 Co. 5 2. 2 Haiik P. C. 200, 201. (ni) 2 Hawk. P. C. 1QQ, 201. (TJ) Ibid. 199 (o) H*wk. P. C. 20J. 1 Haivk.P. C. JSr. Salt. 272. 78 COMPLETE CONSTABLE. CHAP. VII. so that the constable cannot have him before the jus- v-^~v-^x tice, on the warrant upon which the defendant was first arrested, it is a voluntary escape in the constable, for which he is liable, (p) If a pei-son prosecuted for the maintenance of a bas- tard child, be arrested, and afterwards escape, and the officer returns his warrant, he may afterwards retake his prisoner ; and if he can, must do it, and deliver him up in court upon such prosecution. And if after re- taking his prisoner, the officer hold him twenty-four hours without his warant, the same having been re- turned to court, and the prisoner then compromise the prosecution, he cannot maintain false imprisonment against the officer, (q) If a constable admit to bail, a person arrested on criminal process, it is a voluntary escape for which the constable is punishable, (r) (/O 6 John. 62. (7) 2 Root, 324. (r) 2 Hawk. P. C. 198. COMPLETE CONSTABLE. 79 CHAPTER VIII. RETURN OF PROCESS, A CHAP. VHJ. itETURN is the certificate of the officer to j^JJJ^J"' whom any process is directed, statiug what he has' process, done in obedience to the commands therein, or the reason of his neglect, and is often the most difficult part of his duty ; as the return ought to be, both in form and substance, according to law, otherwise the officer may be subjected to punishment, and the party employing him, to damage, (a) All that the offier is commanded by the writ to do, he must perform and no more ; (ft) or show a sufficient reason for his neg- lect ; (c) and make return of his precept to the pro- per Court, on or before the day mentioned therein for its return, (d) The return must always be attested by the officer who made the service, (e) and must be cer- tain to every intent, (f) If the officer, upon a capias, return that he arrested the defendant at D. and W. N. rescued him, it is not good, because it is not shown where the rescue was made ; (~g ) he must also return the time when the fact? took place. The officer may return that the writ came to him so late, that on account of the short- ness of the time, he could not make service thereof, (ft) (a) Dal 5vl62. (A) Ibid. 166. (r) 5 Com. Dig 444. (d) t> Mod 159. 196. 25k (r) Cro. Ehz. 310 (f) Dal. Sher. 168. () Ibid. 168. and Ythr. 51. (A) Ik*. 163. HC COMPLETE CONSTABLE. CHAP. VIII. But if he make such return falsely, he is liable in (0 If the officer, in a replevin, return that the cattle were in a fort, castle or park, so that he could not make deliverance, it is bad ; for he might have taken the power of the County with him : Nor may he in such case return resistance, for the same reason, (j) In mesne process, the officer may return a rescous of the person arrested or goods attached, but not so on execution, and the reason of the difference is, that in mesne process, he is not obliged to call m the pOAver of the county ; but in doing execution he must, if neces- sary. (A) If the return of a rescous does not show, that the defendant was in custody, and where arrested, it is m- sufficient. (I) If the officer return, that the defend- ant was rescued in the county aforesaid, without say- ir: in my bailiwick, it is good, (m) If on a return of rescous of two persons, it is only said that they could not afterwards be found, without saying, nor either of them, it is bad. (n) The officer may not return in replevin, that there were no such goods or cattle taken ; nor in detinue, tht there are no such goods detained ; nor in a habeas faccrc seisinam, that there is no such land, ) Cro. Eliz. 53. 2V. 3 Co. 52. (w) 1 Mod, 238. 2 Ibid. 178. (x) Carth. 148. (y) Sate. 173. Cro. Eliz. 186. (z) Ibid. 320. (a) Peak's JV. P. cas. 65. (6) 1 WilsAT.. I Hen.Bl. 543. 5 Ter. (c) 1 Salk. 12. (rf) 5 C'c. 52. Com. Rep. 554. Actions. COMPLETE CONSTABLE. 87 voluntary esc.ipe, and is of course liable in this action, CHAP. IX. though sitcl; prisoner be again in actual custody, before action brought, () Though an officer under an execution, seize goods apparently the property of the debtor, where, by a failure io the consideration for which they were by the debtor obtained his right to them has ceased, the officer may return nulla boid, and will not be liable for a false return, (y) If a parly, against whom an officer has a writ, do not abscond, but continues in the daily exercise of his occupation, appears publicly as usu I, is visible to every person who comes to him about business, and the officer neglects to arrest him and returns nan cst invcnlufi to the writ, it is a false return, for which an action on the case lies, (g) An officer may maintain trover for the taking and conversion of goods, by him seized under an execution, (/i) If an officer take the goods of A. instead of the goods of B. trover lies : (i) So it lies for goods at- tached, but not returned after judgment in favour of the defendant ; (j) and so it does, if the judgment be in favour of the plaintiff, and the goods are not taken in execution within sixty dp.ys after demand has been made by the owner : (&) So it does, if the officer converts the goods to his own use, pending the suit. And every unlawful meddling with the goods is, a (< ) <2 T?r. Refi. 126. John. Refi. 554. (f) '2 Esfi. Cox 475. (g) Eafi. Dig 609. (A 1 Lev.2S2. Esfi. Dig. 577. (;) 5 Bac. Mr. 365. (j) lJ?oot,481. Teh. 194 88 COMPLETE CONSTABLE. CHAP. IX. con vcrsion ; (/) as if he ride a horse by him takefl Actions. ou lawful process, the riding being an unlawful in- termeddling. But the officer may milk a cow so taken, for it is for the benefit of the owner, (m) Trover does not lie against an officer, for goods taken on an execution, issued on an irregular judgment ; nor though there be no judgment on which the ex- ecution is founded, if the execution be good on the face of it. (n) Trespass* An officer may maintain trespass for goods seized under an execution and forcibly taken from him. (o) If an officer take the goods of a stranger in exe- cution, though by order of the plaintiff, trespass lies agdnst the officer : (/>) And so it does, if he attach the body of one person for the appearance, or debt of another, though by the shewing of the party to the suit, (y) Trespass lies, if the officer do not return his writ, after having taken the goods or body of the defendant, (r) If a constable, under a warrant to search the house of A. B. for stolen goods, be guilty of any indecency in searching the person of a woman, he is a trespasser from the beginning. (s) Trespass lies against an officer for breaking inner doors to search for a defendant, without previous demand of admittance, and without reasonable ground (/) Yilv. 194. (?n)4M?rf.212. Cro.Jac. 148. (n) 12 Mod. 178. (o) Crn. Eliz. 639. CfiJ 5 Com. Dig. 579. 2 Rol. 553. (q) Ibid. 579, 580. 552. (r) 5 Com. Dig. 579. 2 Rol. 563. 5 Co. 90. Salk. 409. Cro. Car. 446. (s) 5 Eac. Abr. 161. COMPLETE CONSTABLE. 89 of suspicion of the defendants being there secreted, and when in fact he was not there. (<) An action for false imprisonment, lies for every False im ~ unlawful restraint of liberty, whether abroad or within doors ; and every arrest for a civil cause not warrant- ed by legal process, is an unlawful restraint of lib- erty. () If an officer make an arrest by virtue of process issued from an inferior Court and it appears on the face of the process, thut such Court hath not juris- diction, such officer is liable in false imprisonment. (tA If an officer arrest A. instead of B. false imprison- ment lies ; though A. tell the officer who makes the urrest, that his name is B. False imprisonment lies, if the plaintiff in the suit, whereon the prisoner is held, command the officer to discharge him, and the officer disobeys such com- mand, (w) And likewise, if the officer detain such prisoner after a written discharge by the plaintiff in the suit, has been delivered to the officer. (*) But does not lie against an officer for detaining a prison- er a reasonable length of time after a discharge conies from the plaintiff, in order to be satisfied of the au- thenticity and validity of the discharge ; and twenty- four hours, as the case may be, is not an unreasonable length of time, (y) If the order of the Court be, to commit a prisoner (r) 3 Bos. and PuL 233. (u~)5Bac.Mr. 169. Co. Lit. 253. ul.MP.22. (v) Bac. Abr. 169, 170. 10 Co. 76. 2 Mod 195. (w) Cro. Jac- 379. 3 Com. Dig 493. M 90 COMPLETE CONSTABLE. CHAP. IX- to certain gaol, the committing him to any other Actions S ao '> * s ^ se imprisonment. (s) False imprisonment does not lie against an officer, for refusing bail, (a) If a warrant come into Connecti- cut from an adjoniug State, to arrest the body of the reputed father of a bastard child, and such warrant be backed by a justice of the peace in Connecticut, and a constable of Connecticut there- upon, arrest the defendant, and at the line of the State from which the warrant came, deliver the defendant to an officer of that State, false imprison- ment lies, both against the justice who backed the warrant, and the constable who, in pursuance thp re- of, took the defendant and delivered him at the line of the State. 6 False imprisonment lies against a constable, for *de- taining a person taken up and brought by a watchman to the wateh-house, for using loud words in the street : (c) But if the constable on the delivery of such prisoneiy do not take him into custody, faor. so much as tap him on the shoulder, saying, " you are my prisoner," false imprisonment will not lie. (rf) False imprisonment does not lie against a constable for taking into custody, a stranger who encourages a prisoner then, in custody of such constable, to resist : For when a man is in the custody of an officer of justice, no other person has a right to interfere, and if he do, it so far makes himself an accomplice, as to justify taking him into custody. () See Attachment, Arrest^ Execution and Trespass, (z) 1 Stilk. 408. (a) 3 Com. Dig. 493, (6) C 2 Root, 152. (c)l'sfi. Cas.294, (c) Peak's Cas. 89. {d} Ibid. 4V, COMPLETE CONSTABLE. F CHAPTER X. FEES. OR serving every summons six cents, 06 CHAP. X. If by copy trine cents, 09 ^^^^ Serving each attachment nine cents, 09 For a Bail Bond, seventeen cents. - - 01? Levying every execution not exceeding three dollars and thirty four cents, seven- teen cents, and two cents per dollar for every dollar beyond that sum, hi the same currency with the execution, or equivalent in lawful money. For attending"^ justice's court, on trial of each action when obliged to attend, twen- ty-five cents. - 35 For each mile's travel, computed from the place of the officer's abode to the place of service, and thence to the place of re- turn, five cents, 05 For attending the General Court, per day, one dollar and thirty-four cents, - 1 34 For attending either a Superior or County Court, per day, eighty-four cents, (.?) - 84. iz)!Stat. 289. 291. 95 COMPLETE CONSTABLE CHAPTER XL FORMS. BAIL BOND to a constable, ought to be in Bail Bond, form following, viz. Know all men by these presents, that we J. S. and J. B. both of H - hi the coun- ty of F - , are holdeu and firmly bound and obli- ged to A. B. a constable of said H - in the sum of - dollars, to be paid to him the said A. B. his certain attorney, executors, adminislr itors or as- signs ; to which payment, well and truly to be made and done, we bind ourselves, and each of us by him- self, and our, and each of our heirs, executors and ad- ministrators, firmly by these presents : Sealed with our seals and signed with our hands, this - day of - A. D. 1 8. The condition of the above obligation is such, thai whereas the above bounden J. S. is arrested at the suit of L. L. of - in the county of - by writ demanding the sura of - dollars, to appeal- before the County Court, to be held at - in the county of F - on the Tuesday of - next, Cor instant as the case may be.} If the above named J. S. do appear before said court, at the time and place above mentioned, to answer to the said L. L. in his said suit, then the above obligation to be void, else to stand and remain in full force and virtue in the law. J. S. (L. s.) J. B. (L. s.) Signed, sealed and delivered > in presence of, s COMPLETE COr^TABLh, 4 COMPLETE CONSTABLE. CHAP. XI m:ide and provided : And in consideration thereof, I T^" - ^ v ^r / ^ hereby promise to save harmless and indemnify the Bail Bond, said constable, of, and from all actions, suits, amerc- iaments and costs whatever, relating to said cause, bail bond or assignment thereof, as witness my hand this day of A. D. A. B. COMPLETE CONSTABLE CHAPTER XII. RETURNS. OF SUMMONS, Fmrfifld County, ss. Bridgeport, January 9, 1810. HIS writ came so late to me, that on account of CHAP. XII. the shortness of the time, I could not make service v *^-v - x^' ., r Return of Hereof. summons. A. B. Constable. By virtue of this writ to me directed, I have sum- moned the within named J. S. for his appearance at court, by reading this writ to him, in his presence and hearing. By virtue of this writ to me directed, I have sum- moned the within named J. S. for his appearance at court, by giving him an attested copy of this writ. g By virtue of this writ to me directed, I have sum- moned the within named J. S. for his appearance at court, by leaving an attested copy of this writ, at his last and usual place of abode. NON EST INVENTUS. The within named A. B. has not been fonnd within my precincts. ANOTHER. The within named A. B. and E. F. arc not* nor is ^*Y^*^ cure sufficient bail, I was proceeding on my way to Attachment. J . the common gaol in in said county, by virtue ot a b wful mittimus, issued by J. B. justice of the peace for said count) , him the said J. S. to commit to the keeper of said gaol within the prison, when the said J. S. offered and tendered to me to be taken on said Writ, ia discharge of his body, one pair of oxen, five cows and ten sheep, all of sufficient value to an- swer the demand in said writ, and the proper goods and chattels of the said J. S. whereupon, I released- the body of the said J. S. from his said arrest, and by virtue of said writ, attached the said one pair of oxen, five cows and ten sheep, and delivered to him the said J. S. a true and attested copy of this writ, and of my doings thereon endorsed. ON ATTACHMENT OF GOODS AND CHATTELS. Goods and By virtue of this writ to me directed, and by direc- chattels, ^ on O f ^ e plaintiff therein named, I attached one coach and harness, two chaises and eight horses, all the proper gootf s and chattels of the Avithin named defendant ; and on the same day delivered to him, (or left at his usual place of abode, as the case may be,} a true and attested copy of this writ, and of my doings above stated thereon endorsed. ANOTHER, AND RESCUE. By virtue of this writ to me directed, on the day of at in the county aforesaid, I attach- ed one horse, two oxen and three COAVS, all the proper goods and chattels of the within named C. D. and delivered to him a true and attested copy of this writ and of my doings above stated, thereon endorsed : And the same horse, oxen and cows ia my possession * Quere Can a Constable, carrying a prisoner to gaol, after passing the limits of his town, release the body and take goods in a town of which he is not con&table ? COMPLETE CONSTABLE. 99 then and there had and held, until afterwards on the CHAP. XII. day of at in said county, one ^Jj^jjjj^ certain R. "W. of in said county and S. T. of in said county, jointly, with force and arms, to wit, guns, swords, staves, sticks and stones, an as- sault upon me made, and me did then and there beat, bruise, wound and evilly entreat : And then and there the said R. W. and S. T. with like force and arms, the same horse, oxen and cows, in my custody as afore- said, then and there being, did take away and rescue, against my will : And I have not, nor can have the said horse, oxen and cows, nor any of them, to answer the demand in this writ contained : And the said C. D. has no other, nor more goods or chattels within iny precincts to be found, to be attached to answer said demand in said writ contained. ANOTHER, AND LOSS OF PROPERTY ATTACHED. By virtue of this writ to me directed, and by direc- tion of A. B. the within named plaintiff, I attached twenty-five Merino Sheep, the proper goods and chat- tels of C. D. the within named defendant, and left with him, the same C. D. a true and attested copy of this writ and of my doings above stated, thereon en- dorsed, and held the same twenty-five sheep in my custody until on the day of at said the said sheep each and every one of them died, by reason of sickness : And the said C. D. had no other or more goods or chattels within my precincts to be found, be- fore the time limited by law for* the service of this writ, had expired. ANOTHER, By virtue of this writ to me directed, and by direc- tion of the within named plaintiff, I attached seven .shares, the property of the within named defendant, in the C here describe the Batik) by leaving a true and attested copy of the writ, with my doings thereon en- 100 COMPLETE CONSTABLE. CHAP. XII. dorsed, with E. F. Cashier of said Bank ; and on the *. day of _al- - in - -I .eft .tth the within named defendant ( or left at the usual place of abode of the within named defendant, as the case may be) a like copy of this writ Avith my doings thereon endorsed. ANOTHER. By virtue of this writ to me directed, I attached nine shares, the property of the within named defend- ant, in the (lure describe the turnpike^ or other company or corporation ) by leaving a true and attested copy of this writ, with my doings thereon endorsed , on the .. - day of - at in with G. H. Secretary (or Clerk as the case may be) of said Company ; and by leaving a like copy, &c. with the defendant, or at his usual place of abode, Sic. ON FOREIGN ATTACHMENT. toreign at- jjy virtue of this writ to me directed, I summoned the withiu named defendant, by leaving a true and attested copy thereof, at his last usual abode in this State ; and attached the goods and effects of the said defendant, in the hands of C. D. within named, as agent, trustee, factor and debtor, to said defendant, by leaving a true and attested copy of this writ, at the usual place of abode of the said C. D. - days before trial. ' ANOTHER. Where the defendant has never been Y virtue of this writ to me directed, I have CHAP. XIII. taken the body of the within named C. D. and have ^^^~^s him ready at the day and place within specified. levied^oi the body. ANOTHER. By virtue of this writ to me directed, I have taken the body of the within named C. D. and have his body ready at the day and place within named, as by this writ I am commanded. JVOJV EST 1MTENTUS. The said C. D. has not been found within my precincts. ANOTHER. The said C. D. has not been found within my precincts, so that I cannot have him before the Court, at the day and place within named, as by this writ is required. NULLA BOM1, CEP I CORPUS AND MORTUUS EST. By virtue of this writ to me directed, and for want of goods and chattels, whereon to levy and satisfy this execution, I arrested the body of the within named C. D. who on the day of uied of his own felony ; (or) who died of sickness while in my custody ; (or) who died by. murder, by one J. K. (or) who died of misfortune by drinking cold water, in my custody. 104 COMPLETE CONSTABLE. CHAP. XIII. CEPI CORPUS AND RESCUE. J^^JJJJJ'. By virtue of this writ to me directed, and for want of goods and chattels whereon to levy and satisfy the same, I arrested the body of the within named C. D. and had him in my custody, till on the day of he was rescued by a body of public enemies, (here describe the manner of the rescue, ilw enemies which made the rescue, and how,_) so that I cannot have him before the Court, at the day and place within named, as by this writ is required. CEPI CORPUS AND ESCAPE. By virtue of this writ to me directed, I arrested the body of the within named C. D. and had, and held him in my custody, in the common gaol at in the County of when said gaol was struck by lightning, which set the gaol on fire, and an opening made in the side thereof, from which said C. D. escaped against my will, so that, &c. NULLA BONA, CEPI CORPUS AND COMMITTITER 'By virtue of this execution to me directed, I repair- ed to the usual place of abode of C. D. the within named debtor, and there made demand of the debt or sum due on this execution, with all necessary charges of executing the same ; and the said C. D. neglecting to pay and satisfy this execution, and for want of personal or move able estate of the said C. D. shown to me, or to be found within my precincts, to satisfy said execution, I took the body of the said C. D. on the day of him committed to the keeper of the gnol in in the County of Avithin the prison, and then and there,jjfcft with the said keeper a true and attested copy of flps execution and of my doings thereon. . ANOTHER. I r riifv to the Court within named, that there are ' COMPLETE CONSTABLE. 105 divers persons in the Town of within named, CHAP. XIII. known and called by the name of J. S. to wit, J. S. of G^J^"^ B., J. S. of C. and J. S. of D. and because it is not chattels, specified in this writ, of the goods and chattels of which of the said J. S's. I should make the sum of money within mentioned, therefore I could not, nor can proceed to the execution of this writ. ANOTHER. By virtue of this execution, I repaired to the usual place of abode of C. D. the within named debtor, at in said county, and there made demand of the debt or sum then due on this execution, with all necessary charges of executing the same, and the said C. D. neglecting to make payment thereof, by direc- tion of A. B. the creditor within named, I seized and took by virtue of this execution, one horse, and one horse-cart, the property of the said C. D. and he the said C. D. having no other or more goods or chattels, liable to be taken in execution, to be found within my precincts, on the same day I set up on the sign post in society, where said horse, and horse cart were so seized and taken, an account of them particularly with a declaration, that said horse, and horse cart would be sold at said sign post, at public vendue, at the end of twenty days : And at the end of twenty days thereafter, the said debtor having failed to pay the debt in said execution contained, together with the costs and charges thereon, I caused a drum to be beat- en at said sign post, and sold said horse there, at an outcry, to the highest bidder therefor, for the sum of and in like manner, then and there, sold said horse eartjto P. T. the highest bidder therefor, for the sum of both which sums amount to the sum of from which, deducting thej;ost, charges, and 7ny fees thus far on said execution,?rmdunting to the sum of leaves the sum of arising from the sale o/ the said horse, and horse cart, which I applied towards satisfying this execution, and paid O 106 COMPLETE CONSTABLE. CHAP. XIII. the same sum of over to the said A. B. Aiid ^^^7^ there remaining due ou this execution the sum of and there being no goods or chattels of the within named debtor, to be found within my precincts to satisfy the same execution, by virtue thereof, and by direction of the said creditor, I seized one acre of land with the dwelling house thereon, ( then proceed accord- ing to the form herein after given, for the levy of an exe- cution on real estate, ) which said sum of at which said land and house were appraised, I applied towards completing the satisfaction of this execution, costs and charges ; but the same being insufficient therefor, leaving still due on this execution the sum of by the direction of the said A. B. and by virtue of this execution, on the day of at I took the body of the within named debtor, and him committed to the keeper of the common gaol in in said county, within the prison, and de- livered to the said keeper of the prison an attested,, copy of this execution, and of my prceedings aforesaid endorsed thereon. ANOTHER, WHERE THE DEBTOR LIVES OUT OF THE OFFICER'S PRECINCTS. T County, ss. Borough of B. &c. The within named debtor, having neglected to make payment of this execution to me directed and de- livered, together with the lawful charges thereon, by virtue of this same execution, and by din ctiou of A. B. attorney to the within named creditor, I then seized and took one puncheon of Antigua rum, and one butt of Muscovado sugar ; and on the same day posted the same puncheon of Antigua rum and butt of Muscovado sugar, on the sign-post in the Borough of B. there to be sold at the end of twenty days thereafter ; and the said debtor having failed to pay the debt, costs and char- ges arisen on this execution, on the day of the day, so as above appointed for the sale of the said COMPLETE CONSTABLE. 107 rum and sugar, I caused a drum to be beaten, &c. (as CHAP. XIII. in Ox form preceding.} ~ ANOTHER. By virtue of this execution to me directed, I repair- ed to the place of the usual abode of C. D. the within named debtor, in said and there made demand of the debt (or sum) due on this execution, \vith the necessary charges of executing the same ; and the said debtor having refused to make payment of the same, and there being no moveable or personal estate of said, debtor, sufficient to satisfy said debt and charges, to be found within my precincts, I arrested the body of said C. D. and then and there commenced proceeding to commit him, the said C. D. to the common gaol in in said county, when he the snid C. D. to procure a release of his body from arrest, as aforesaid, and for the satisfying of this execution, presented to me to be en on the same execution, one hat, one bed, one Teet, one blanket and one iron pot, whereupon, the articles aforesaid being apparently sufficient to satisfy the said execution, &c. I released the body of the said C. D. from arrest on said execution, and by vir- tue thereof, then and there, on the day of seized the said hat, bed, sheet, blanket and iron pot, and on the same day posted the same on the sign post in said (when proceed according to the forms pre- ceding ;) all which sums arising from the sale of said several articles amounting to the sum of and the debt due on this execution being the sum of and my fees on the same execution, amounting to the sum of both which last mentioned sums amounting to the sum of leaves a surplus arising from the sale of said articles, after satisfying said debts, costs, char- ges and fees, of the sum of which I returned to the said C. D. and paid over to the said A. B. the creditor within named, the said sum of in full satisfaction of this execution. 108 COMPLETE CONSTABLE. CHAP. XIII. ANOTHER, ON BANK SHARES. On Bank ^ virtue of this writ to me directed, I seized thh- Shares. teen shares in the f here describe the bank} the proper- ty of C. D. the within named debtor, by leaving a true and attested copy of this execution, with a certi- ficate thereon, that I had taken said shares to satisfy this execution; and on the same * day of posted the same, fcc. (proceed as in levying an execu- tion on goods and chattels} and on the day of the d;iy appointed for the sale of said shares, I sold at the sign post, &c. fas in other cases} and gave to the said L. O. the purchaser of said shares, an instrument in writing, conveying to him said shares, so by him pin chased ; and also left with said cashier, a true and attested copy of this execution, and of my return thereon. And the money arising from said sale, be- ing and the amount of debt and cost in this exe- cution and my fees and expenses, amounting to the sum of left a surplus of the sum of which J returned to the said C. D. When rights or shares in turnpike companies, or ether companies or corporations, are taken en execution, it must be done by leaving a true and attested copy of such execution with the secretary, or clerk thereof. ANOTHER, ON FOREIGN ATTACHMENT. By virtue of this writ to me directed, I repaired to the USIM! place of abode of C. D. one of the garnishees within named, and there demanded payment of this execution ; and the said C. D. then and there, in part satisfaction thereof, paid to me the sum of being all the goods, effects, credits or estate of J. S. the prin- cipal, in his the said C. D's. hands or possession, as he said ; and on the same day, I repaired to the usual place of abode of the said E. F. another of the said garnishees, within named, and ot him demanded pay- ment of the residue of this execution, or effects or es- COMPLETE CONSTABLE. lov late of the said J. S. whereon to levy and satisfy the CHAP. XIII. same, and the said E. F. then and there exposed to jr^^ view, one horse, as the only property or credit, of the said J. S. in his, the said E. F's. hands or possession ; I thereupon, by virtue of said execution, seized said horse ; (here describe a proceeding with the horse seis- ed to sale, as in case of goods and chattels taken on execu- tion in ordinary cases. J I also on the day of repaired to the usual place of abode of G. H. within named, in said as another of said garnishees, and of him demanded payment of the sum remaining due on this execution, which the said G. H. then and there wholly refused to make ; and I then demanded of him the said G. H. goods, chattels, effects or estates of the said J. S. in his hands, whereon to satisfy this execu- tion and all fees, but none were exposed or shewn to me, nor have I found any other or more goods, chat- tels, effects or estate of said J. S. nor is his body with- in my bailiwick, wherewith to satisfy this execution. ANOTHER. By virtue of this writ of execution, to me directed, On Lamk I repaired to the usual place of abode of C. D. the debtor within named, in said and there made demand of the debt or sum of money due on this execu- tion, with all necessary charges of executing the same, and the said C. D. having neglected to make pay- ment thereof, and for want of personal or moveable es- tate of the said C. D. shown unto me, or found withiu my precincts, to satisfy this execution and necessary charges of executing the same, by direction of A. B. the creditor within named, I levied this execution on one certain piece of land, lying and being situate in said conlianing acres bounded, (here des- cribe the boundaries _) the proper estate of the said C. D. in fee : And the said A. B. the creditor, chose E. F. :uid the said C. D. the debtor, chose G. JI. and the said creditor, and the said debtor, agreed in choosing 110 COMPLETE CONSTABLE. CHAP XIII. I. J. all to be appraisers of said piece of land, all indif- ^^^^ ferent freeholders of the same wherein said land lies : And J. B. a justice of the peace within and for the said county of then and there administered to the said E. F., G. H. and I. J. the oath by law re- quired for appraisers of land taken on execution : Ami the said appraisers then and there, on view of said de- scribed premises, on which this execution had been so levied, did upon their oaths, appraise the same premi- ses at the sum of per acre, as the then present true and just value thereof, to the creditor in this exe- cution ; and the sum mentioned in this execution be- ing and the lawful charges of executing the same execution being both which last mentioned sums amount to the sum of I on this day of set off to the said A. B. the creditor in this execution acres and rods of said appraised premises, in manner following, viz. (~ here describe the limits of tlic land set off,) and erected proper bounds to the same, in full satisfaction of this execution, and my fees and all charges thereon. And on the day of I caused this execu- tion and my endorsement above thereon, to be entered on the records of land in the said town of where said land lies. 7S\ B. A term for years in lands or buildings, or parts of buildings, may in the manner above be set off in execution, though but chattels : And do not come within the description of personal or moveablc estate. which must be sold at vendue. ANOTHER. By virtue, efore you the said J. B. justice of the peace, to be further dealt with as the law icquires. ANOTHER. I A. B. constable, &c. Cos in the preceding, ) one L. O. of, &c. in breach of the Sabbath, and profana- tion of the Lord's day aforesaid, did with a waggon drawn by two horses and loaded with a puncheon of rum, travel from B. in said couuty to N. in the county aforesaid, against the form and effect of the statute lawe of the State, in such case made and provided : Whereupon, I the said constable while the said L. O. was at said N. so travelling as aforesaid, by virtue of the same statute law of this State in such case made and provided, did arrest him the said L. O. and him detained and held, &e. ANOTHER. I A. B. constable, &c. one P. S. of aforesaid in breach of the Sabbath and profanation of the Lord's day, did (in company with certain other persons whose names and places of residence are to me unknown, who were then and there present, but immediately abscond- ed and secreted themselves,) play at cards contrary to the form and effect of the statute law of this State in such case made and provided : Wherupon I the said constable on the present information of H. R. of saf^ did repair to the dwelling house of in said and then and there, on the Lord's day aforesaid, by virtue of the statute law of this State in such case. made and provided, arrested him the said P. S. with cards in his hands, and pockets, and lying on the table there present, (his companions making their escape as aforesaid,) and him the said P. S. detained and held nd now have, &c. COMPLETE CONSTABLE. H9 DRUNKENNESS. CHAP. XV. Drunkenness is the crime of drinking any spirilttotis f^drunk- liguor in such quantity, as thereby to bereave and disable enness. the dmnken in the use of his reason and understanding appiirretit in his speech^ gesture or behaviour. H. , County ss, G. June 22d. 1812. I A. B. constable of said town of G. come before F. H. of said G. esquire, one of the justices assigned to keep the peace in said county, and on my oath of office, inform and return, that at said G. on this same 22d day of June, 1812, at nine o'clock in the forenoon, one A. F. was by me the said constable found drunken so that he the said A. F. was thereby bereaved and disabled in the use of his reason and understanding apparent in his speech, gesture and behaviour : Whereupon I then and there, by virtue of the statute law of this Stale, in such case made and provided, arrested him the said A. F. and now have him before you the said F. H. justice of the peace, to be dealt with as the law requires. PROFANE SWEARING. County ss. S June 1 2th. 1812. I A. B. constable of said town of S come be- Profane fore J. B. of said S esquire, one of the justices Swean "S assigned to keep the peace in said county of F and on my oath of office, inform and return that at aforesaid on the day of one N. M. of said did in the presence and hearing of me the said constable, profanely swear by the name of GOD, (or any other oaili) contrary to the form and effect of the statute law of this State in such case made and provided : Whereupon by virtue of the statute law in such case made and provided, I then and there arrested the said N. M. and him held and have before you the said J. B. justice of the peace. to be dealt with as the law requires. 120 COMPLETE CONSTABLE. CHAP. XV. PROFANE CURSING. Profane cur- N " H ' Cotmly as. D. June 25th, 1812. s *g- I A. B. a constable of said D came before J. S. of said D. esquire, one of the justices assigned to keep the peace in said county of JN". II. and on my oath of office, inform that S. AV. of said at aforesaid on the day of instant did in the presence and hearing of me the said constable, sinfully and wickedly curse on J. B. of s.id in these words, to wit, " God damn you J. JS." (or any other form of imprecation.) contrary to the form and the effect of the statute law of this State in such case made and provided ; whereupon, by virtue of one other statute law of this State made and provi- ded, I then and there arrested him the said S. W. and him held, and now have before you the said J. S. jus- tice of the peace, to be further dealt with as the law requires. NIGHT WALKING. L. County ss. K. June 22d. 1819. Night walk- I A. B. a constable of said K. come before J. S. of '" said K. esquire, one of the justices assigned to keep the peace in said county of L and on my oath of office, inform and return, that on the night of the day of A. D. after nine o'clock of the same night, and before day light of the following day, J. K., R. W. and T. V. all of said K did meet together in a street in said K called and thence did proceed to walk the different streets in said K . during such unseasonable hours. between said hour of nine on said night of said day of ... and the appearance of daylight on the fol lowing day, to the terrifying the good people of said K. and the disturbance of their repose and quiet, contrary to law and against the peace of this State of Connecti- cut ; and that on present information thereof to me given by R. H. one of the citizens of said K I the said constable by virtue of the oath and duty of mv COMPLETE CONSTABLE. ffice, went to a certain street called in said K. where at the hour of eleven of said night, I by virtue of the statutelaw of this State in such case made and provided, arrested the said J. K.,R. W. and T. V. so walking as aforesaid in the disturbance of the repose and quiet of the good people of the said K. and to their terror, and them the said J. K., R. W. and T. V. held and now have before you the said J. S. justice of the peace, to be dealt with as the law requires. FOR A RIOT. F. County ss, B June 22<. 1819. I A. B. constable of said B. come before R. W. of said B. esquire, one of the justices assigned to keep the peace in said county, and on my oath of office, in- form and return, that at said B. on fie day of A. D. . L. M. N. and O. all of said B. did with force and arms, unlawfully and riotously, and to the terror of the people, assemble themselves to- gether to the intent to pull down and demolish a cer- tain building, called a printing office, the property of and belongs to L. B. of B. and the furniture, tools, implements and paper and ink in said printing office, prepared for, and used in printing the weekly new*- paper, called the all of the value of one thou- sand dollars, utterly to destroy and render of no value ; and the person of the said L. B. to beat, bruise, wound and evilly iutreat, and his body to cover with tar and feathers ; and that on the same day of I the said constable being informed of the riotous assembly of the said L. M. N, and O. and others, for the purpose aforesaid, forthwith repaired to the place where they the said L. M. N. and O. and others were so assembled, and made proclamation to said rioters and all the persons, then and there so riotously and unlawfully assembled, according to the form prescri- bed in the statute law of this State, in such case made and provided, and in the name, and by Ike authority Q 191 CHAP. XV. Of returns For a riot. 1S3 COMPLETE CONSTABLE, CHAP. XV. of the State of Connecticut, commanded and charged ^^^^ all the persons so assembled, immediately to disperse themselves and peaceably to depart to their habita- tions, or to their lawful business, upon the pain and penalties contained in the act or law of this State, entitled, " An Act for preventing and punishing riots and rioters .-" And that the said L. M. N. and O. and others, not regarding said proclamation and then 1 duties as citizens of this State, coutiaued together and did not disperse themselves, but in pursuance of their said unlawful intent, commenced with force and violence the pulling down of said building, called a printing office, contrary to the form and effect of said act or law and against the peace ; and that I, the said constable then and there, by virtue of the Statute JLaw of this State in such case made arid provided, arrested the bodies of the said L. M. N. and O. and them held and now have before you the said jusitce of the peace, that they may be dealt with as the law requires-. A. B. Constable. jfr, CHAPTER XVI. INFORMATIONS. For using undue influence at an Election. nr JL O J. B. of in the county of esquire, CHAP. XVI. one of the justices assigned to keep the peace in said v T^ v- ^" / county, comes A. B. a constable of said and tions. by virtue of the statute law of this State in such case Using undue made and provided, on his oath, informs that on the jjjjj^ at day of the day on which by law a Freeman's Meeting is to be held in each of the towns of this State of Connecticut, and while the freemen of said town were convened in legal Freeman's Meeting, after the same had been opened for the election of the officers of this State, on said day by law to be chosen, and after the officer presiding in said meeting had called for the votes for the (first) Representative to represent said town in the General Assembly to be holden on then next, (or Assistant, or Governour, or Lieutenant Govcrncur, or a Representa- tive of this State in the Congress of the United Slates,&c.) and before said presiding officer had done receiving the votes for such Representative, (or Assistant, tt ^ & c -) without any request from him the said O. L. and when in fact he had made no such request, against the form and effect of the statute law of this State in such case made and provided. A. B. Constable. ANOTHER, For voting, not being a Freeman. being a free- fo J. B. (as in the preceding, until the offender is named,) M. N. of said not being a freeman of this State of Connecticut, did deliver to the officer pre- siding in said meeting, on the top of the box by him held for the purpose of receiving the votes of the freemen present in said meeting, (or did pid into the box, &c.) a written vote for J. L. ( or for some person whose name is not known,) against the form and effect of the statute law of this State in such case made and provided. ANOTHER. FOR BRIBERY. To J. B. of in the county of esquire, one of the justices, &c. comes A. B. a constable, &c. that on the day of at said S. W. of in said county of did offer to R. H. a free- man of said that if he the said R. H. would in the Freeman's Meeting then next to be holden, (or to be holden on the day of ) in the said vote for him the said S. W. to Le Representative in the General Assembly of this State, then next to be hold- en, (or to be holden on the day of ) he the said S. W. would give to him the said R. IL one quart of whiskey, (or any other thing or sum,) so soon as conveniently might be done after the close of such Freeman's Meeting, against the form and effect of the st itute law of this Slate in ettfh case made ani provided. COMPLETE CONSTABLE. 125 ANOTHER. CHAP. XVL To J. B. &c. M. N. of W. &c. a freeman of j^^. said did accept and receive from S. W. of said OH the same day in freeman's meeting elected to represent said town of in the General Assembly of this State, held on the day of at in said State, (or to be held, &c.) one quart of whiskey by way of reward for his the said M. N.'s having on the same freeman's meeting held in said on the day of at which said S. \V. was so elected to represent said town of in said General Assembly, given his the said M. N's. vote for him the said S. W. for Representative as aforesaid, against the form and effect, &c. ANOTHER. To J. B. &c. M. N. of &c. on the day of at said chosen by the freemen of said to represent said town, fcc. did on the same day of the day on which said freeman's meeting was held in said before the opening of said freeman's meeting, ( or after the close of said meeting, or on the day of previous to the day on rvhich such freeman's meeting was held,) at said did offer, and gratuitously distribute a- mong divers persons, freemen of said town of spiritous liquors, rum, cyder-brandy, and whiskey, with the evident intent to procure the votes of said freemen to be given for him the said M. N. in said meeting, as a Representative to represent said town, in the General Assembly of this State, to be held on the day of in said state (or if after the meeting) to reward the said freemen for having voted for him the said M. JN". in said freeman's meeting, to repre- sent, &c. against the form and effect of the statute, in presence of \ In case the collector can find no goods or estate of the person from whom the tax is due, and there is real estate which belonged to him at the time the list was made _/?, whereon the tax was laid, instead of saying, " for want of goods of the said J. S." say, for want of goods or any other estate of the said J. S. to be found within my precincts, I took six acres of land belonging to him the said J. S. at the time of making up the list aforesaid, on which said tax was laid. RETURN OF WARRANT OF DISTRESS. The proceedings on a warrant of distress .when levi- ed on goods, chattels or body, are the same as in the lew? itf executions ; but when such warrant is levied on real. <* f-tfr. the r??rte taken must be w/rf f faction. COMPLETE CONSTABLE. 159 By virtue, &c. There being no goods or chattels of CHAP.XVII. J. S. one of the inhabitants of said town of C (or v *-^v*^^ / named in the schedule hereunto annexed,) found in my precincts, I took six acres of land the property of the said J. S. (or there being no goods, chattels or any other estate of said J. S. I took six acres of land be- longing to the said J. S. at the time of making up the list, whereon said tax arose and was laid ; ) and on the ^ day of advertised on the sign post in society, in said C- where said land lies, that on the day of so much of said six acres of land would at said sign post be sold at public auction, as would be sufficient for the payment of said tax and all necessary charges ; and also three weeks succes- sively, six weeks before said day of I pub- lished the same advertisement in the public news- paper called the printed at in this State ; and afterwards to wit on the same day of at said sign post I at public auction, ivithin one year after said tax became due, sold to G. II. of- two acres and three quarters of an acre, part of said six acres of land, for the sum of the amount of said tax and the lawful costs and charges arising thereon ; which said two acres and three quarters of land, I then and there set off to him the said G. H. by metes and bounds, to -wit, (here describe the length of lines and the bounds,) and then and there executed, acknow- ledged and delivered to him the said J. S. a deed with warranty of said two acres and three quarters of an acre of land meted and bounded as aforesaid. S. D. Constable. ANOTHER. By virtue, &c. I have levied and collected the sums of money, \vhich by this warrant I was required to levy and collect of said inhabitants, and persons named in said list, and paid the same over to said Treasurer, as I am within commanded. S, B. Constable. R ADDENDA. ARREST. A PLAINTIFF, attending frdm day to day, wait- Partyattend- ing at a tavern in the vicinity of the court in which ^fg^, " 1 ^^ he has a cause pending, and in expectation of its trial, arrest on ci- though not assigned for any particular day, is privi- vil P 1 " 00685 * leged from arrest on civil process, (a) So a person un- der a recognizance to appear before a court of criminal jurisdiction, while attending such court, is in like man- ner privileged from arrest. (*) BONDS AND NOTES. If a defendant be arrested on execution, and the Bond to in- officer, while holding the prisoner in execution, takes damnify offi- a bond conditioned to indemnify such officer from all committing costs and damages to which he may be subjected, for one arrested not committing the prisoner upon the same execution, vo ia'. and to pay the debt and costs for which the execution was issued, such bond is clearly void, it being taken for an indemnity for an escape then in contemplation to be committed, and the party not being entitled to bail, (c) If an officer, instead of taking a bail bond from a defendant arrested on mesne process, take a negociable promissory note, payable to the defendant, and by him endorsed in blank to the officer, he cannot maintain an action against the promisor, for the note is void. (