WARRANT OF COMMITMENT.

Ulster County, ss. To the Constables of the county of Ulster, and each of them. Whereas by an inquisition taken before me, one of the people's coroners for the county of Ulster, the day and year hereunder mentioned, on view of the body of R. L. lying dead in the town of in the county aforesaid, I. K. late of the town of in the said county, laborer, stands charged with the wilful murder of the said R. L. These are therefore, by virtue of my office, in the name of the people, &c. to charge and command you, forthwith safely to convey the body of the said I. K. to the gaol of the said county, and safely to deliver the same to the keeper of the said gaol: and these are likewise, by virtue of my said office, in the name of the said people, to will and require you the said keeper to receive the body of the said I. K. into your custody, and him safely to keep in the said goal, until he shall be thence discharged by due

NO. XII.

RECOGNIZANCE TO APPEAR, &c.

Ulster County, ss. Be it remembered, that J. S. of, &c. yeaman, and W. V. of the same place, taylor, Do severally acknowledge to owe to the people, &c. the sum of one hundred dollars each, of lawful money of New-York, to be levied on their several goods and chattels, lands and tenements, by way of recognizance, to the use of the said people, in case default shall happen to be made in the condition hereunder written.

The Condition of this recognizance is such, that if the above bounden J. S. and W. V. do severally personally appear at the next session of the peace to be holden at the court house in Kingston, in and for the county of Ulster, and the said J. S. shall then and there prefer, or cause to be preferred, to the grand jury a bill of indictment against C. D. late of the said town and county, laborer, and now in custody for the wilful murder of A. B. late of, &c. baker, and that the said J. S. and W. V. do then and there severally personally appear to give evidence on such bill of indictment to the said grand jury: And in case the said bill of indictment be found by the grand jury, a true bill, that then the said J. S. and W. V. do severally personally appear at the next session of gaol delivery to be holden at the court-house in Kingston, in and for the said county of Ulster: and the said J. S. shall then and there prosecute or cause to be prosecuted, the said C. D. on such indictment: And the said J. S. and W. V. do then and there severally give evidence to the jury that shall pass on the trial of the said C. D. touching the premises: And in case the said bill of indictment shall be returned by the grand jury, not found, that then they do severally personally appear at the said session of gaol delivery to be then and there holden for the said county, and then and there give evidence to the jury that shall pass on the trial of the said C. D. upon an inquisition taken before me, one of the people's coroners for the said county, on view of the body of the said A. B. and not depart the court without leave, then this recognizance to be void, otherwise to remain in full force. Taken and acknowledged this

me,
J. S.

day of

1815, before

G. F. Coroner,

W. V.

CORONER'S FEES.

For the view of each body, taking and returning the inquisition, ten dollars.

Drawing every subpoena or warrant, twenty-five cents.

Drawing every summons for a jury, thirty-seven and a half

cents.

Swearing every witness, six cents.

Taking every recognizance, twenty-five cents, and each coroner shall moreover be allowed all reasonable and necessary expenses inccured by him for removing any dead body to the place for taking such inquest, and for the use of any house or building in which the same shall be taken.

Serving writs in all cases, the like fees as are allowed to the sheriff,

CHAP. V.

THE JUDGES OF THE COURT OF COMMON
PLEAS.

Before we proceed to explain the office and duties of the Judges of the Court of Common Pleas, we would premise, that those officers, as also the justices of the peace, county clerk and surrogate, are all commissioned by the Governor, in virtue of appointments by the council of appointment, consisting of the governor for the time being and four such members as are chosen by the House of Assembly, out of the body of the Senate, from each of the four great districts of this state, mentioned in chapter one, that the said council constitutes all military officers during pleasure,and all civil officers during good behaviour--and that where the duration of any office is not ascertained, it shall be construed as held during pleasure: Provided, That new commissions shall be issued to judges of the county courts (other than the first judge) and to justices of the peace, once at least in every three years.

The judges of the courts of common pleas in this state, may perhaps in contemplation of law and of their various duties, not be improperly divided into three classes :-The First Judge-the Judges and the Assistant Justices.

FIRST JUDGE, AND POWER OF THE COMMON PLEAS.

The First Judge, is appointed in form as before mentioned, by a special commission, during good behaviour, or until he shall attain the age of sixty years. He is prohibited from holding any other office, excepting that of senator, or delegate to the general congress. All attornies, solicitors and counsellors at law to be appointed, are to be appointed by the court, and licensed by the first judge of the court in which they shall respectively plead or practise; and be regulated by the rules and orders of the said courts. And all writs and other proceedings shall be

The Assistant Justices have concurrent powers with the other judges, only as members of the court, viz: to assist their associates by their advice and opinions, examinations of witnesses, and instructions and charges to the jury, in the trial of all such actions as are cognizable before them, and to take the acknowledgement of bail in causes depending in such court and in the supreme court and exchequer.

Ibid. & L. N. Y. Bail, 25 Feb. 1813. Agreeable to the fee bill of this state, the first motion fee in every cause, in the court of common pleas, is to be divided among the judges who are present when the service is done.There can be no question but the assistant justices are entitled to a participation of those fees when they preside: they being ex officio, although not nominally judges of the court. For other matters, see the next title, and titles: Acknowledgement of Bail Surrender of Defendant: and, Affidavits.

The judges of the courts of common pleas, being the first

indre the other indres and the assistant iustices or any three of