complaint made before him, and of the offense of being a disorderly person; for that the said. .... And prior to such conviction the said justice did require of the said .... that he give security by a written undertaking with.. ........ suret.... in the sum of ... bundred dollars; that he will support his wife and children, and will indemnify the..... ....against their becoming within one year chargeable apon the public; and for not giving the said undertaking the said.................... was, by the said justice, convicted of being a disorderly person as aforesaid, and a record of said conviction was duly made by the said justice, and signed by him with his name of office, and filed in the office of the clerk of the County of...... ......and said .... warrant signed by the said justice, with his the county jail of the county of ........ .was, by name of office, committed to for the term of at hard labor, or until he gives the said undertaking required as aforesaid, and still remains in the county jail of said county; and application having been made to us, the said two justices, to take such undertakings so as aforeid required of and in behalf of the said..... Now, therefore, we hereby undertake that if the said ....... Will support his wife and children, and will indemnify the.. ..against eir becoming within one year chargeable upon the public, or we will pay to e people of the State of New York the said sum of ... undred dollars. ubscribed and acknowledged before us the day and year first above written. 1 Justice of the Peace (or Police Justice). No. 208. Recognizance for good behavior of disorderly person, under Code of Criminal Procedure, § 899, subdivisions 3, 9. POLICE COURT (OR OTHER COURT). TATE OF NEW YORK,} COUNTY OF. 88.. 88.: Be it remembered, that on this........day of.. ord one thousand eight hundred and eighty-...., said county, and.... efore me... in the year of our .......of the ..... .both of the same place, personally came .one of the justices of the peace in and for or police justices of the said............and severally nd respectively acknowledged themselves to be indebted to the people of the ate of New York, in the sum of............hundred dollars, to be levied their respective goods and chattels, lands and tenements, to the use of the aid people if default shall be made in the conditions following, viz.. Whereas, On the........day of.... 188... d make complaint on oath before the said............... that the said... ..in which complaint the said.................. .allegea and the said justice having caused the said.... ...to be brought before him and examined touching the offense in said complaint alleged, and it appearing to the said justice upon such examination, and by competent testimony, that........ .was guilty of the offense in said complaint alleged, and was and is a disorderly person, and, for the reasons set forth in said complaint, the said justice did thereupon require the said..... to enter into a recognizance with....... suret....in the sum of.. hundred dollars, for the good behavior of the said.... for the space of one year. Now, therefore, we hereby undertake that the said....... ...will be of good behavior for the space of one year next ensuing the date hereof, and not be guilty of the acts set forth in said complaint, or we will pay to the people of the State of New York, the sum of... ..hundred dollars. No. 209. Recognizance for good behavior of disorderly person — taken after commitment. POLICE COURT (OR OTHER COURT). STATE OF NEW YORK, COUNTY OF............ 88. Be it remembered, that on this...... day of of the.......... in said county, and... sonally came before us...... ..... 188.. ...... of the same place, pe of the same... and..... two of the justices of the peace [or police justices of the said... ... and county, and jointly and severally acknowledge themselves to be indebted to the people of the State of New York, in mannt following, in the sum of .... ..... hundred dollars, to be levied of the respective goods and chattels, lands and tenements, to the use of the sai people, if default shall be made in the condition following: Whereas..... convicted before..... was on the ...... day of................ 188.. du ... justice of the peace [or police justice] said.... ... upon the complaint made before him, of the offense of bein a disorderly person; for that the said.... And prior to such conviction the said justice did require of the said ..... that..he give security by a written undertaking with......suret... approv by him, in the sum of........ hundred dollars for h.. good behavior for t space of one year; and not giving the said undertaking the said..... was by the said justice convicted of being a disorderly person as aforesai and a record of said conviction was duly made by the said justice, and sign by him with his name of office, and filed in the office of the clerk of t county of.......................... and said.............. was, by a warrant signed by the said justice, with his name of office, committed to the county jail of the said county of.......... for the term of............ at hard labor, or until he give the said security required as aforesaid, and still remains in the county jail of said county; and application having been made to us, the said two justices, to take such undertaking so as aforesaid required of and on behalf of the said... Now, therefore, we hereby undertake that the said .. .... will be of good behavior for the space of one year from the time of the said conviction, and shall not, during such time, be guilty of any of the acts ..he was so as aforesaid convicted of being a disorderly person, or we will pay to the people of the State of New York, the said sum of...... hundred dollars. Subscribed and acknowledged before, us the day and year first above written. ... Justices of the Peace (or Police Justice). No. 210. Bill of exceptions, under Code Criminal Procedure, § 455. COURT OF OYER AND TERMINER COUNTY. THE PEOPLE ....... ....., before Hon. .... ... At a court of oyer and terminer, held in and for the county of at the court-house in the .... justice of the supreme court, on the ......... day of ... ..., an indictment against of which the annexed marked "A" is a copy, came on to be tried, and a jury having been impanneled and worn, the following testimony was then had, and the following proceedings were then and there had, to wit: John Doe, a witness on behalf of the people, being duly sworn, testified as follows: [Insert all testimony and exceptions.] The evidence here closed, and the above was all the evidence taken on said trial The court charged the jury, among other things, that [insert that part of the charge objected to], to which portion of the charge the counsel for the prisoner duly excepted. And the counsel for the prisoner thereupon requested the court to charge the jury as follows: [Insert request to charge.] The court refused so to charge, and the counsel for the prisoner then and there excepted. The said cause was on the said ...... day of ..... .... submitted to the jury, who, on the same day, returned into court and rendered their verdict, by which they found the said defendant guilty of the crime charged in the indictment. And because none of the said exceptions so offered and made do appear upon the record of said trial, therefore, in the presence of the defendant, the said court has signed the said exceptions according to the statute in such case made and provided. At a court of oyer and terminer, held at the court-house, in the... on the.......day of........ This schedule consists of a copy of the indictment which should be attached to the bill of exceptions, and reference thereto made in the bill itself. No. 211. Notice to settle bill of exceptions, under Code Criminal Procedure, § 458. COURT OF OYER AND TERMINER-. ..... COUNTY. THE PEOPLE SIR. Please to take notice that on the bill of exceptions served on you herein, and upon the amendments thereto served by you, the defendant herein, will make a motion before Hon. ...... ..... at his chambers, in the city of............, on the...... day of. at 10 o'clock A. M. of that day, to have the said bill of exceptions settled, and for such other relief as may be just. Order enlarging time to settle bill of exceptions, under Code Criminal Procedure, § 460. (Title of cause and court.) On reading and filing affidavit of...... defendant's attorney, hereto annexed, and, on motion of the same, it is hereby ordered, on good cause shown, that defendant's time for preparing and serving a bill of exceptions be and is hereby extended to and including.. Dated this........day of... 1882 A. B., No. 213. Afidavit for new trial, under Code Criminal Procedure, § 465, subdivision 7 COURT OF OYER AND TERMINER. being duly sworn, says that he resides at in said county; that he is the attorney for the above named defendant, and as such attorney tried his case under the indictment charging him with arson at the present term of this court, at which he was found guilty by a jury as charged in said indictment. Deponent further says that since said trial closed he has discovered such new evidence as, in his judgment, if produced and received before, would have changed the verdict to one of acquittal; that said #idence is in substance as follows: [here give nature of the evidence briefly]; That said evidence was wholly unknown to him and this deponent at the trial just had, and that their failure to produce it was not owing to any want of ligence on their part. davit on motion for arrest of judgment, under Code Criminal Procedure, § 469. .., being duly sworn, says that he resides at said county; that he is the attorney for this action; that said...... ..... ........, the defendant was tried on an indictment harging him with arson, before this court and a jury, on the ..... nd was found guilty by said jury as charged on the same day. Deponent further says that said indictment does not conform to the requiregents of sections 275 and 276 of the Code of Criminal Procedure in the fol wing particulars: [state in what it is defective]; and also that the facts berein charged do not constitute a crime. |