The New York Justice's Manual, Containing All the Laws of the State Relating to the Official Tenure and Duties of a Justice of the Peace and the Proceedings in Civil Cases Before Him, in Force on the First of Sept., 1880

Now, therefore, you are hereby required to seize the following chattels, to wit: (describ ing them) and safely to keep them, to abide the judgment in this action. (Date.)

C. D., Justice of the Peace.

No. 158.

(Title of the cause.)

Judgment in action to foreclose lien.

(§§ 1740, 3014-3016, 3140-3142.)

day of

(After making in the docket-book the usual entries of issuing summons, warrant to seize chattel, if any, appearance, joinder of issue, pleadings, adjournments, venire, jurors, witnesses, etc., see No. 83, insert as the judgment the following): After hearing the evidence (and the arguments of counsel, if any), the jury retired under the charge of a constable duly sworn for that purpose, and afterwards, returning into court, found by their verdict that the plaintiff had a lien upon the chattels (or "upon the following chattels,") described in the complaint (enumerate them) to the amount of dollars, which verdict was received on the 1880. Whereupon I did forthwith, and upon 1880, render judgment that the plaintiff had a lien upon the following described chattels (enumerate them) to the amount of dollars; that the said chattels be sold to satisfy the amount of said lien, with interest from this date, and the sum of costs of this action, by a constable of the said county, in like manner as where a sheriff sells personal property by virtue of an execution; that such constable apply the proceeds of such sale, less his fees and expenses, to the payment of the amount of the lien and the costs aforsesaid; and that such constable pay the surplus, if any, to the county treasurer, for the benefit of the owner thereof.

the

day of

Pursuant to a judgment in this action, rendered by C. D. Esq., Justice of the Peace, as prescribed in section 1740 of the Code of Civil Procedure, I have (conclude as in No. 91 from the *).

[NOTE.-In these proceedings no execution is necessary. The justice delivers a certified copy of the judgment to the constable, and he proceeds thereunder as under an execution.]

XII. JUSTICE'S BOND.

No. 160.

(L. 1878, ch. 107.)

Know all men by these presents, that we, C. D., as principal, and E. F. and G. H. as sureties, (two sureties required, in addition to the justice), of the

in the

county of

and State of New-York, are held and firmly bound unto the people of the State of New-York in the sum of dollars; for which payment well and truly to be made, we do bind ourselves, our heirs, executors and administrators, jointly and severally, firmly by these presents.

་

Whereas the said C. D. has been elected a justice of the peace of the town of in said county of , now, therefore, the condition of this obligation is such, that if the above bounden C. D., as such justice of the peace, shall pay over on demand to the officer, person, or persons entitled to the same, all moneys received by him in virtue of his said office, then this obligation to be void, otherwise to remain in full force and virtue.

(Add acknowledgment, justification, and approval as in No. 7, except that the approval must be signed by the supervisor of the town, unless the justice is the supervisor, when it must be signed by the town clerk; and in a city, it must be approved by the common council.)

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