A. B., of the town of in said county, being duly sworn, makes complaint before J. K., one of the justices of the peace for said town, that Y. Z., now in said town,* is an idle person, not háving visible means to maintain himself, and living without employment, and that he is, as deponent believes, a vagrant [or, state facts showing that he is a disorderly person, and allege that he is such], within the meaning and intent of the statute in such case made and provided. [Signature of deponent.] Subscribed and sworn before me, this day of [Signature of] Justice. 18 } 765. Complaint for Keeping Disorderly House. in [As in preceding form to the *, continuing thus:] Keeps and maintains at No. street, in said town, a certain common, ill-governed and disorderly house; and in the said house, for his own lucre and gain, unlawfully causes certain evil and ill-disposed persons, as well men as women of evil name and fame, and of dishonest conversation, to frequent and come together, and procures the said men and women to be in the said house at unlawful times, as well in the night as in the day, then and there to remain drinking, tippling, whoring and misbehaving themselves unlawfully. 766. Warrant to Arrest Offender. To any constable of the county of , greeting: in said county, has this day made complaint, on oath, before me, the under-named justice of the peace of said town, that • Y. Z. [here set forth the charge in the complaint]: YOU ARE THEREFORE hereby commanded, in the name of the People of the State of forth with to arrest the said Y. Z., and bring him before me, the said justice, at my office, in aforesaid, to answer to the said complaint, and to be dealt with in the premises according to law. GIVEN under my hand, this day of 18 . [Signature of] Justice of the Peace 767. Examination of the Offender. THE EXAMINATION of A. B., a vagrant, taken on oath before me, one of the justices of the peace in and for the day of [Signature.] A. D. who saith, that he was born at [etc., setting forth the statement]. Taken and subscribed Conviction of Vagrants, etc. 768. Record of Conviction of Vagrant, With Commitment to Poorhouse. Be it remembered, that Y. Z. was this day brought before me, the undersigned, a justice of the peace for the town of in said county, at my office in said town, upon the charge [of A. B., made under oath], that he was in the said town, an idle person, not having visible means to maintain himself, and living without employment [or otherwise, as the case may have been], and a vagrant within the intent and meaning of the statute in such case made and provided; and I being satisfied, after due and personal examination of said Y. Z., and upon his confession [or, upon competent testimony] now before me given, that said charge is true, the said Y. Z. is therefore duly convicted before me of being a vagrant [or otherwise], within the true intent and meaning of the statute;* and it appearing to me that he is not a notorious offender, and is a proper object for relief, I adjudge and determine that he be committed to the county poorhouse of said county [or, the almshouse-or, poorhouse-of the said town] for the term of [specify time not exceeding six months], there to be kept at hard labor. GIVEN under my hand and seal, this day of 18 [Signature, title and seal of justice.] 769. The Same; With Commitment to County Jail. [As in preceding form to the *, concluding thus:] And it appearing to me that said Y. Z. is an improper person to be sent to the poorhouse, I do therefore adjudge and determine that he be committed to the bride well or house of correction of said [or if there be none, say, to the common jail of said county], for the term of [specify a time not exceeding sixty] days [and to be kept for the first days of said term on bread and water WE, Y. Z., E. F. and G. H., of in said county, acknowledge ourselves indebted to the People of the State of ; that is to say, the said Y. Z. in the sum of dollars, and the said E. F. and G. H., each in the sum of dollars, to be respectively made and levied of our several goods and chattels, lands and tenements, to the use of the said People, if default shall be made in the condition following: THE CONDITION of the above recognizance is such, that whereas the said Y. Z., has this day been convicted before a justice of the peace for said of being a disorderly person; now if the said Y. Z. shall be and continue of good behavior towards the People of the State of for Commitment. Conviction. the space of one year from and after this day, then this recognizance to be void; otherwise, of full force. Taken, approved, subscribed and acknowledged before me, this day of 18 [Signature of] Justice of the Peace. [Signatures and seals.] 771. Record of Conviction of Disorderly Person. [Recite charge, examination and conviction-see Form 768-and conclude:] And inasmuch as the said Y. Z., now before me, has made default in finding sureties for his good behavior, as by me required-that is to say, two sufficient sureties, to be recognized with said Y. Z., each in the sum of dollars, and the said Y. Z. in the sum of dollars: I do therefore, in pursuance of the statute in such case made and provided, make this my record of the conviction of the said Y. Z., of the offence aforesaid. GIVEN [etc., as in Form 768]. 772. Commitment of Vagrant to Poorhouse. To any constable of the county of , greeting: WHEREAS, Y. Z. [was charged before me, upon the oath of A. B., with being a vagrant, and], upon an examination before me, was this day duly convicted of being a vagrant,(b) and * it appearing to me that he is not a notorious offender and is a proper subject of relief, I did adjudge that he be committed as hereinafter directed: Now, THEREFORE, you are commanded, in the name of the People of the State of to convey the said Y. Z. to the county poorhouse of said county [or, almshouse, or, poorhouse, of said town], the keeper whereof is required to keep the said Y. Z. therein at hard labor for the term of days. [As in the preceding form to the *, continuing thus:] it appearing to me that he is an improper person to be sent to the poorhouse, I did adjudge that he be committed as hereinafter directed. Now, THEREFORE, you are commanded, in the name of the People of the State of to convey the said Y. Z. to the common jail of said county, the keeper whereof is required to detain the said Y. Z. in safe custody therein for the term of days [and to keep him for the first of said term on bread and water only]. GIVEN [etc., as in Form 768]. (b) It is the better opinion, that the commitment need not set forth the particulars of the offence; it is enough to describe it in the general designation with days which it is characterized by the statute. Case of the Twelve Commitments, 19 Abbotts' Pr., 894; Gray's Case, 11 Ib., 56; S. C., 4 Park. Cr., 616. Dower. 774. Commitment of Disorderly Person in Default of Sureties. To any constable of the county of greeting: WHEREAS, Y. Z. [was charged before me, upon the oath of A. B., with being a disorderly person, and], upon an examination before me, was this day duly convicted of being a disorderly person, (c) and upon such conviction the said Y. Z. was by me required to find two sufficient sureties to be recognized with said Y.-Z., the sureties each in the sum of dollars, and the said Y. Z. in the sum of dollars, for his good behavior for the space of one year from the time of his conviction as aforesaid; and inasmuch as said Y. Z. has made default in finding such sureties: Now, THEREFORE, you are commanded, in the name of the People of the State of forthwith to convey the said Y. Z. to the common jail of said county, the keeper whereof is required to detain him in custody in said jail for the term of or until he shall find such sureties, (d) or shall be thence discharged according to law. GIVEN [etc., as in Form 768]. CHAPTER XXXI. DOWER. In this chapter are presented the necessary forms for proceeding to compel an admeasurement of dower. If the heirs or other owners of the fee can agree with the widow upon her allotment, they may convey it to her by a deed, for which see the chapter of DEEDS. If they do not take this course, either party may apply to the court for an admeasurement. This proceeding does not, however, determine the question of her right to dower; but only what is a fair third of the lands in which she claims it.(a) 775. Petition by widow, for the admeasurement of dower... 776. Verification of foregoing petition..... 777. Notice by heirs requiring widow to demand dower.... 778. Petition by heir or owner for the admeasurement of dower.. 779. Notice of application for dower, to be served with copy petition.. 780. Petition for appointment of guardian... 781. Order appointing guardian... PAGE 403 403 403 403 404 404 404 405 405 405 788. Oath of commissioners..... 784. Report of commissioners.. (c) See preceding note. (d) As to the requisite of the commitment in this respect, see the Case of the Twelve Commitments, 19 Abbotts' Pr., 894. (a) Under the New York Code of Procedure, the admeasurement may be had in a civil action. Townsend v. Townsend, 2 Sandf., 711. To the Proceedings for Admeasurement. 775. Petition by Widow, for the Admeasurement of Dower. Court of [or, to the surrogate of the county of 1: in the county of I. That she is the widow of C. B., late of said town, deceased, who died on the day of 18 II. That the said C. B., at the time of his death, and previous thereto, was seized in fee [or describe other inheritance] of and in certain lands and tenements bounded and described as follows [here insert description]. III. That the said C. B. left him surviving C. B., jr., D. B. and G. B., his children and heirs at law, of whom the first named is of full age, and the others are minors of the age of fourteen years and upwards [state also whether the minors have any guardian, and if they have, who he is], all of which said heirs at law are the owners of the said lands, subject to the dower-right of your petitioner. WHEREFORE, your petitioner prays that the dower of your petitioner in the said lands may be admeasured pursuant to the statute. [Date.] COUNTY OF 776. Verification of Foregoing Petition. [Signature.] A. B. being sworn, says that she has read the foregoing petition by her subscribed, and knows the contents thereof, and that the same is true, except as to the matters therein stated on information and belief, and as to those matters she believes it to be true. day} 18 . [Signature and title of officer.] [Signature.] 777. Notice by Heirs Requiring Widow to Demand Dower. To A. B., widow of C. B., late of the town of Take notice, that you are required, within ninety days after the service of this notice, to make demand of your dower in the lands below described, which were owned by the said C. B. previous to and at the time of his death. of The said lands are as follows: [here insert description.] [Date.] [Signature.] 778. Petition by Heir or Owner for the Admeasurement of Dower. [As in Form 775 to the *, continuing thus:] I. That your petitioner is one of the heirs at law of C. B., deceased, late and 18, leaving your petitioner his only heirs, and A. B. his widow surviving him. II. That during his lifetime and the coverture of said A. B., C. B. was |