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what he may know in a certain action now pending in said court, then and there to be tried between the people of the State of New York, plaintiff, and..................... and........, defendants.

And....immediately after the said....shall then and there have given his testimony before said court of........in the said action, that you return him to our said penitentiary under safe and secure conduct, and have you then and there this writ. one of the justices of the supreme court of the State of N, Y., this....day of.......

Witness, Hon... New York, at....

18

..

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§ 618. Affidavit by district attorney for order of attendance of witnesses out of the county.

.....County, ss:

..being duly sworn, deposes and says that he is the district attorney of New York State: that the foregoing witnesses are material and necessary upon a trial to be held at........, .., at the........oyer and terminer, wherein the people are complainants and........is defendant. That the said witnesses are as follows:

That said witnesses reside at.

Sworn to before me this ....day of......., 18 .. S

.and are out of the County of....

District-Attorney.

Notary Public, ............ County.

Endorsement on subpæna.-It is hereby ordered that the within named witattend at the time, court and place, and in the action, as is in

nesses

said subpoena set forth.

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The defendant,

AGAINST

,in and for the county

18...

18...

....., having been duly convicted, at the present term of Court, of a felony, to wit: petit larceny, 2d offense, and he having been sentenced by said Court to be imprisoned at hard labor in the Albany penitentiary for the term of four years, and it appearing by proper evidence to the satisfaction of said Court that before such conviction the said had been con

victed in the State of New York of a felony, to wit: of grand larceny. Now, on motion of

...., District Attorney of

county, it is ordered that the said be and he hereby is, in addition to the punishment above mentioned, adjudged to be an "Habitual Criminal.”

STATE OF NEW YORK,

I,

}ss:

COUNT CLERO OFFICE, }

clerk of the County of

and of the Supreme and County Courts therein, which are courts of record, do hereby certify that I have compared the foregoing copy of judgment entered 18.., with the original thereof, now remaining on record in this office; and that the same is a correct copy of such original, and of the whole thereof.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said County and Court, at

of

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18....

this.... day

Clerk.

No. 350.

STATE OF NEW YORK,
COUNTY OF..

§ 600. Order for commitment after forfeiture of ball. [Name of Court.]

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IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK. To any sheriff, constable, marshal or policeman of this State: Whereas, It appears to the satisfaction of the court that

dicted by the grand jury of the county of ....for the crime of

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was inand was duly recognized to appear at the court of held in and for the county of ......... on the And Whereas, It also appears that he wholly failed and made default in appearing;

day of..

Now this is to command you forthwith to arrest the said liver his body to the sheriff of the county of legally discharged.

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county intentionally omitted to summon who was regularly drawn as a juror for the present term

Second. [State any respect in which the drawing and return of the jury was not according to the forms of the Code of Civil Procedure, whereby the defendant was prejudiced.]

Dated, etc.

No. 352.

Attorney for Defendant.

§ 993. Warrant to commit a disorderly person for not giving security to support his wife and children, etc.

JUSTICES' COURT (OR OTHER COURT).

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IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK.

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Whereas, On the

day of

one of the justices of the peace, in and for the

was brought before me,
and county of

and police justice of said city, charged upon the complaint, on oath, of with having on

day of

orderly person, for that the said..

at the

aforesaid, been a dis

And, whereas, The said justice immediately, and before any further proceed

ings were had, informed the said ........ of the charges against him and of his right to the aid of counsel in every stage of the proceedings, and the said charge was then and there distinctly read and stated to the said who then and there pleaded not guilty thereto (or if he pleads guilty, the said thereupon convicted of the offense aforesaid, of being a disorderly person, in that he, the said ... aforesaid, on the ...... day of . 18.. did.... ..) who was then and there tried upon the said charge by the said justice, who did thereupon hear testimony on oath in support of said charge, and in defense thereof, and on behalf of the said

at the...

And, Whereas, The said testimony was given and evidence had in the presence and hearing of the said he, the said ... having previously thereto been allowed a reasonable time to send for and advice with counsel; And Whereas, The said justice did thereupon adjudge and determine that the said was guilty of the aforesaid charge, and the said ........ was thereupon duly convicted of the offense aforesaid, to wit, of being a disorderly person, in that the said at the ...... aforesaid on the said ........ day of

did

........

And Whereas, Prior to such conviction, the said was required to give security by a written undertaking with suret...., in the sum of....... hundred dollars; that he would support his wife and children, and would indemnify the against their becoming within one year chargeable upon the public; and inasmuch as the said ........ did not give the said undertaking required as aforesaid, the said was by the said justice convicted of being a disorderly person as aforesaid, and the said justice having duly made up and signed by him with his name of office, and immediately filed in the office of the clerk of the county of ......... a record of such conviction of the said...

These are, therefore, to command you, the said constable, marshal or policeman, forthwith to carry and deliver the said ... into the custody of the said sheriff; and you, the said sheriff, are hereby commanded to receive the said into your custody in the county of said county, and there hard labor, or until

safely keep him in said county jail for the term of he give the said security required as aforesaid. Given, under my hand, at the.

........

aforesaid, this day of .......

....

Justice of the Peace (or Police Justice.)

No. 353.

Information for wrongs affecting public moneys, etc.

STATE OF NEW YORK,
COUNTY OF..

; that one

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.., being duly sworn, deposes and says that he resides in the of.. with intent to defraud, did wrongfully obtain, receive, convert, pay out and dispose of, or who, with like intent, by willfully paying, allowing or auditing a false or unjust claim, or did aid or abet in wrongfully obtaining, receiving, converting, paying out or disposing of money, funds, credits and property held or owned by this State, or held or owned, officially or otherwise, for or on behalf of a public or government interest, by a municipal or other public corporation, board, officer, agency or agent of a city, county, town, village and civil division, subdivision, department or portion of this State, to wit:. .by..

Subscribed and sworn before me,

this ...... day of

No. 354.

COURT, 88.:

COUNTY OF.....

§ 605. Undertaking of bail upon recommitment.

An order having been made on the .

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18 by the court dollars, in

be admitted to bail in the sum of ...

court against him in behalf of the people of the State

we

defendant

surety of .... State of New York, by occupation a .......... and .. State of New York, by occu

in the county of

........

pation a

hereby jointly and severally undertake that the above-named shall appear in that or any other court in which his appearance may be lawfully required upon that. and shall at all times render himself amenable to its orders and process, and appear for judgment and surrender himself in execution thereof, or if he fail to perform either of these conditions, that we will pay to the people of the State of New York, the sum of.. dollars.

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day of ..... 18..

........

In the presence of

Police Justice (or Justice of the Peace).

(Justification of sureties as in No. 117.)

No. 355.

§ 68. Albany Special Sessions. Order for Bench Warrant. At a court of special sessions, held at the City Hall, in the city of Albany,

on the

Present

day of

- Hon.

THE PEOPLE

...

18..
Recorder.

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The above named having neglected to appear before this court, agreeably to a recognizance given by him to appear thereat. Now, on motion of district attorney, it is ordered that a warrant issue for the arrest of said directing the officer executing the same to bring the said... before this court, if the court be then in session, and if the court is not then in session, that the said officer commit the said to the common jail of

Albany county, there to remain until delivered by due course of law.

CITY OF ALBANY,

No. 356.

§ 68. Bench Warrant.

COURT OF SPECIAL SESSIONS.

To the sheriff of the county of Albany, the constables of the city of Albany, the members of the police force of the city of Albany, and to the special officers of the district attorney of Albany county, and to each of you, and to the keeper of the common jail of the city of Albany:

who was

The people of the state of New York command you take duly recognized pursuant to law, to appear in our court of special sessions of the city of Albany, to answer to a complaint for triable therein, and

who has neglected to appear thereat, agreeably to the requirements of such recognizance, and forthwith bring h.... before our said court, at the City Hall, in the city of Albany, in said county, if our said court shall be at the time of such arrest in session, together with this warrant; but if the said court be not in session, you are hereby commanded to commit the said the common jail of the county of Albany, there to remain till h.... be delivered by the due course of law.

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§ 148. Information for Embezzlement.

being duly sworn, deposes and says: That he resides in the

of

of

; that on or about the ...
in said county, one

....

.........

day of... ... 18... being a servant or and not an apprentice, nor within the age of eighteen years, did feloniously embezzle, and convert to his own use, without the assent of the said ... the property of the said ........ which had come into the possession of said as such servant or agent by Taken, subscribed and sworn to before me, this ...... day of

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In the name of the people of the State of New York:

To any sheriff, constable, etc.:

Whereas,

fore me....

........

has this day been duly examined, tried and convicted beone of the justices of the peace of the town of . . . . . ., in said county, upon the information or oath of and on competent testimony, of having been intoxicated in a public place in said town of contrary to the provisions of section 35 of an act entitled "An act to revise and consolidate the laws regulating the sale of intoxicating liquors," passed April 30, 1892;

And whereas, upon such conviction, he was adjudged to pay a fine of dollars, and ................... dollars costs, and in default thereof to be com mitted to the of said county for a term of ........ days, unless the fine be sooner paid; You are hereby commanded forthwith to convey and deliver the said to the keeper of the said And you, the said keeper of are hereby commanded to receive the said into your custody, and him there safely keep, until the expiration of the said days, unless the fine be sooner paid, or ........ be thence discharged in due course of law.

in the said ...

Given under my hand, at

.......

the......

day of

18..

Justice of the Peace.

STATE OF NEW YORK, 88..

COUNTY OF.

No. 359.

§ 151. Return of Warrant.

and

I, ........, hereby certify that I have arrested the within have him in my custody now here, as I am within commanded. Dated at

.......

this..... day of...

18..

No. 360.

Sheriff.

§ 302. Bench Warrant.

(In case of misdemeanors, add to the body in No. 150, the following clause), " or, if he requires it, that you take him before any magistrate in that county, or in the county in which you arrest him, that he may give bail to answer the indictment."

No. 361.

§ 344. Application for the Removal of an Indictment.

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respectfully shows that, at a stated term of the in said State, on the .., 18.., (or as the case may be), an indictment was duly presented by the grand jury of said county to said court against your

Monday of

........

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