person, comes into the court now here, and confesses that he will no further prosecute his action aforesaid against the said defendant, and prays his retraxit thereof may be entered of record. And it is granted, &c.
[ Yates' Forms, 343.]
§ 167. Entry of Withdrawal of Juror.
[Enter the postea in the usual form, to the words, "also come," and then proceed as follows :] who, to speak the truth of the matters within contained, are chosen, tried, and sworn; whereupon for certain causes, moving as well the said [circuit judge] as the said plaintiff and defendant, John Doe, one of the jurors of the jury aforesaid is withdrawn from the panel thereof, and the rest of the jurors of the jury aforesaid are altogether discharged from giving any verdict of and upon the premises within mentioned, &c.
[2 P. Sf Duer Pr. 735.]
§ 168. Entry of Exoneretur.
(Endorsed on Bail Piece.)
The within defendant having, on the prayer, and for the indemnity of his manucaptors, been committed to the custody of the sheriff of the county of [Kings] at the suit of the plaintiff in the within plea, the said manucaptors, of their recognizance within contained, are fully exonerated.
[Till. Forms, 273.]
§ 169. Entry of challenge to the array.
[After appearance of the jury in the postea, proceed as follows :] And hereupon the said defendant, by G. H., his attorney, challenges the array of the said panel because he says that, &c., [here set forth the cause of challenge.] Wherefore he prays judgment and that the said panel may be quashed, &c.
§ 170. Entry of Satisfaction.
[At the end of the judgment record add the following .-] Afterwards, to wit, on the {first Monday of January, in the term of January, in the year of our Lord one thousand eight hundred and forty,] before the Justices of the Supreme Court of Judicature of the People of the State of New-York, at the [capital in the city of Albany,] comes the aforesaid A. B. by his attorney aforesaid [or, "by I. J. his attorney, in this behalf thereto specially constituted,"] and acknowledges himself to be satisfied by the said C. D. of the damages, costs, and charges aforesaid, [or, in debt, "of the debt and damages aforesaid."] Therefore let the said C. D. be thereof acquitted, &c.
[Caines' Forms, 283. Till. Forms, 149.]
§ 171. The like on return of fi. fa.
Afterwards, to wit, on the [first Monday of January, in January Term, in the year of our Lord one thousand eight hundred and forty,] the said A. B. comes here into court, by his attorney aforesaid, and prays the writ of the People of the State of New-York, of fieri facias, to be directed to the sheriff of the county of [Rocklanil,] for levying the said sum of [twelve hundred] dollars being the [damages aforesaid in form aforesaid assessed ;] and it is granted to him, returnable before the Justices of the Supreme Court of Judicature of the People aforesaid at the [City-Hall in the city of New-York, on the first Monday of May] next; the same day is given to the said A. B. at the same place. At which day before the said Justices of the Supreme Court of Judicature aforesaid, at the City-Hall in
the city of New-York, aforesaid, comes the said A. B. by his said attorney, and the sheriff, to wit, H. B., Esq., sheriff of the said county of [Rockland,] now here returns, that he has caused to be levied of the goods and chattels of the said C. D. the said sum of [twelve hundred] dollars, as by the said writ he was commanded. And hereupon the said A. B. freely here in court acknowledges that he is fully paid and satisfied all such damages so assessed as aforesaid, together with his costs of suit, and all reasonable charges for executing the said execution; Therefore let the lands and goods of the said C. D. be forthwith discharged of the said execution, according to the form of the statute in such case made and provided.
[Caznes' Forms, 283. Till. Forms, 149.]
§ 172. Error Book.
Pleas before the Justices of the Supreme Court of Judicature of the People of the State of New-York, at the [capitol in the city of Albany,] of [January] term, in the year one thousand eight hundred and [forty.] Witness, Samuel Nelson, Esquire,
Chief Justice. Hallett, Paige, Denio and Sutherland,
Clerks.
State of New-York, ss.: The People of the State of NewYork have sent to their Judges of their Court of Common Pleas, in and for the [city and] county of their writ close
in these words, to wit:—
The People of the State of New-York, to the Judges of our
Cotart of Common Pleas, in and for the [city and]
county of Greeting: Because in the record
[seal.] and proceedings, and also in the giving of judgment,
in a plaint which was in our said Court of Common
Pleas, before you, between A. B., plaintiff, and C. D.,
defendant, of a plea of trespass on the case, [or as the plea is,]
manifest error hath intervened, to the great damage of the said C. D., as by his complaint we are informed: We being willing that the error, if any there be, should in due manner be corrected, and full and speedy justice done to the parties aforesaid, in this behalf, do command you, that, if judgment be thereupon given, then you send to our Justices of our Supreme Court of Judicature, distinctly and openly, under your seal, the record and proceedings of the plaint aforesaid, with all things touching the same, and this writ, so that they may have them at the [capitol in the city of Albany,] on the [first Monday of January] next: that the record and proceedings aforesaid being inspected, we may further cause to be done thereupon, for correcting that error, what of right ought to be done.
Witness, Samuel Nelson, Esquire, our Chief Justice, at the capitol in the city of Albany, the [seventeenth day of November,] one thousand eight hundred and [thirty-nine.] Hallett, Paige, Savage and Sutherland,
Clerks. G. H., Attorney.
The answer of the Judges of the Court of Common Pleas, in and for the [city and] county of
The record and proceedings whereof mention is within made, and all things touching the same, we certify under the seal of our said court, to the Justices of the Supreme Court of Judicature within mentioned, in a certain schedule hereto annexed, as within is commanded.
|"l. s.1 By the court.
J. H., Clerk.
Pleas in the Court of Common Pleas, held at the [City-Hall of the city of New-York,] in and for the said [city and] county of [New-York,] before the judges of the same court, on the [third Monday of August,] in the year of our Lord, one thousand eight hundred and [thirty-nine.]
[City and county of New-York,] ss.: A. B., plaintiff in this suit by E. F., his attorney, complains of C. D., defendant in
this suit, being in custody, &c., of a plea of trespass on the
case: For that whereas, &c., [copy the whole judgment record
to the end.]
Afterwards, to wit, on the [first Monday of January, in the term of January, in the year of our Lord one thousand eight hundred and forty,] before the Justices of the Supreme Court of Judicature of the People of the State of New-York, at the [capitol in the city of Albany,] comes the said C. D. by G. H., his attorney, and says lhat in the record and proceedings aforesaid, and also in giving the judgment aforesaid, there is manifest error in this, to wit, that, &c,, [copy the assignment of errors to the end.]
And hereupon the said A. B., by E. F., his attorney, freely comes before the Justices of the Supreme Court of Judicature of the People of the State of New-York, at the capitol in the city of Albany, and says that there is not any error in the record and proceedings aforesaid; and he prays, &c., [copy the joinder in error.]
But because the said court, before the aforesaid justices thereof now here, are not yet advised what judgment to give of and upon the premises, a day is given to the parties aforesaid, before the said justices, at the [City-Hall in the city of New-York, on the first Monday of May, in the year one thousand eight hundred and forty,] to hear judgment thereon, for that the said court now here, are not yet advised thereof, &c.
Executions.
Fieri Facias.
§ 173. Fieri facias for plaintiff in Assumpsit.
The People of the State of New-York, to the sheriff of the county of [Essex,] Greeting: We command you, that of the goods and chattels of C. D., defendant, in your [seal.] county, you cause to be made [five hundred and forty] dollars, which A. B., plaintiff, lately in our Supreme Court of Judicature, before our justices thereof, reco
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