Court of Special Sessions, No. 343. § 57 Order granting application on motion under. Town of........, County.... THE PEOPLE OF THE STATE OF NEW YORK Against Upon the annexed affidavit, of.. the defendant herein verified... and notice of application herefor, returnable at this time, for a certificate that it is reasonable that the charge against the defendant for assault in the third degree upon the person of be prosecuted by indictment, with proof of their service of such notice upon the District Attorney of........, County, and upon hearing in support of such application, on behalf of the defendant, and ...in opposition thereto, and due deliberation having been had thereon. I do hereby certify that it is reasonable that the charge against the defendant, set forth in the complaint and warrant herein and upon which he has been arrested, be prosecuted by indictment, and I do hereby order that the defendant shall give bail with sufficient sureties in the sum of........dollars, to appear before the next Grand Jury of the County of..... It is further ordered that upon the filing of this certificate, with the magistrate who issued said warrant, and before whom the said proceedings are pending, and upon the defendants giving bail in the sum herein before fixed, to appear before the grand jury, all proceedings herein before said magistrate... ..be and the same are hereby stayed and the said magistrate shall within the time required by law make a return herein to the district attorney of the County of ..... in accordance with the provisions of sections 57 of the Code of Criminal Procedure of the State of New York. Dated... .188.. To Hon... No. 344. Application for Habeas Corpus. ..is imprisoned or ...that he has not The petition of..... ..respectfully shows that.. restrained in h.... ..t liberty at........by........by. been committed and is not detained by virtue of any judgemet decree, final order, or process issued by a court or judge of the United States, in a case where such courts or judges have exclusive jurisdiction under the laws of the United States, or have acquired exclusive jurisdiction by the commencement of legal proceedings in such a court; nor is he committed or detained by virtue of the final judgment or decree of a competent tribunal of civil or criminal jurisdiction, or the final order of such a tribunal made in a special proceeding instituted for any cause except to punish h.......for a contempt; or by virtue of an execution or other process issued upon such a judgment, decree or final order; that the cause or pretence of the imprisonment or restraint........according to the best knowledge and belief of your petitioner, is ... That a copy of the mandate by virtue of which such imprisonment or restraint is claimed to be made, is hereto annexed. Wherefore your petitioner prays that a Habeas Corpus issue, directed to said.... commanding..h......that...h. ..have the body of said .by..h......imprisoned and detained, together with the cause of such imprisonment and detention, before..... Dated the......day of........188.. .at the.. ...... .....being duly sworn, says, that he has heard the foregoing petition read and knows the contents thereof, and that he believes it to be true. Subscribed and sworn to, before me, the.......day of......188.. No. 345. IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK. To........ Writ of Habeas Corpus. .cause of such imprison.is called or charged, be We command you that you have the body of.. ment and detention by whatsoever name the said. fore......at........ to do and receive what shall then and there be considered concerning the said........and have you then there this writ. Witness Hon. ..one of the........Court of.... ...the........day of ..............one thousand eight hundred and.. Clerk. THE PEOPLE Application by district attorney for writ of habeas corpus to bring prisoner to testify. .county, ss: Being duly sworn, says that he is the district attorney of......county, ; that the crime charged is is a material and necessary in the State of New York, and that said action is brought in the court of.....in said county, and is triable in the county of.. burglary in the third degree. That the said.. witness for the people on the trial of this action, and that without the benefit of his testimony he cannot safely proceed to the trial of said action, and that said trial will take place and is noticed for the............day of.... That said..... ...is now a prisoner, and is now confined in the penitentiary at ,188.. N. Y. under a sentence for felony, to wit: burglary in the third degree. N. Y., greeting: ..detained in our peniten To the superintendent of the........penitentiary at.. We command you that you have the body of.. tiary at........, N. Y., under your custody, as it is said, under safe and secure conduct at or before a court of... to be held in and for the county of...... at the city of....... ...... N. Y., in the court-house therein on the........day of 188.., at ..o'clock in the....noon, to testify all and singular, 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. Witness, Hon...... one of the justices of the supreme court of the State of New York, at......................., N, Y., this....day of........, 188.. District Attorney,. . . . . . . . County. Clerk. Endorsement-Allowed this.. .upon the application of........district at torney of........county. Justice Sup. Court. No. 348. § 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 .and are out of the County of.. ....day of...... ., 188.. S Notary Public, County. District-Attorney. 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. The defendant, 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 convicted 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, OFFICE,} 88: I, ........, 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. this.... day IN WITNESS WHEREOF, I have hereunto set my hand and affixed 18.... was in 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 ..... on the day of.... ....for the crime of ...., and was duly recognized to appear at the court of held in and for the county of on the at ...... ........ day of. And Whereas, It also appears that he wholly failed and made default in appearing; Now this is to command you forthwith to arrest the said ........ and to deliver his body to the sheriff of the county of to be detained until legally discharged. Dated at this day of 188.. Police Justice (or Justice of the Peace). No. 351. county intentionally omitted to summon of ......, who was regularly drawn as a juror for the present term of this court. 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). IN THE NAME OF THE PEOPLE OF THE STATE OF NEW YORK. Whereas, On the ...... day of was brought before me, and county of one of the justices of the peace, in and for the 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 ....... was 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. at the. 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 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 was required to give suret. in the sum of.... And Whereas, Prior to such conviction, the said security by a written undertaking with 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 safely keep him in said county jail for the term of ... hard labor, or until 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, of. ; that one being duly sworn, deposes and says that he resides in the 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, day of this...... an action pending in that court against him in behalf of the people of the State of New York, upon an we in the county of. in the county of defendant surety of State of New York, by occupation a and State of New York, by occu |