Proclamations and Oaths.

499. Proclamation for Discharge of Persons Against Whom No Bills are Found.

Hear ye, hear ye, hear ye: If any man can show cause why A. B. should stand longer bound [or, imprisoned], let him come forth, and he shall be heard, for he stands upon his discharge.

500. Proclamation for Discharge.

Hear ye, hear ye, hear ye: No cause being shown why A. B. should longer remain in custody of the sheriff of the county of discharged.

501. Proclamation for Arraignment of Prisoners.

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All persons are strictly charged and commanded to keep silence while the court proceed to arraign the prisoners on indictment for felony.

502. Arraignment of a Person Indicted.

[After reading the indictment to the prisoner; or saying to him,] The grand-jury have indicted you for a felony [or, a misdemeanor], and stating the facts charged in the indictment.]

Do you demand a trial on this indictment? [Or, do you plead guilty or not guilty to this indictment?]

503. Proclamation for Petit-Jury On the Same.

You, good men, who are here returned to inquire between the People of the State of New York, and A. B., the prisoner at the bar, answer to your names as you are called, and save your fines.

504. Address of Clerk to the Prisoner, Before Calling the Jury. A. B.: These good men that you shall now hear called, are the jurors who are to pass between the People of the State of New York and you [or, if a capital case, to pass upon your life and death]; if, therefore, you will challenge them as they come to the book to be sworn, and before they are sworn, you shall be heard. [The crier then calls the jurors, one at a time, as they are drawn by the clerk; and when the juror comes to the stand, and is ready to be sworn, the clerk says: Juror, look upon the prisoner; prisoner, look upon the juror.]

505. Oath of Juror On a Trial for Felony.

You shall well and truly try, and true deliverance make, between the People of the State of New York, and A. B., the prisoner at the bar, whom you shall have in charge, and a true verdict give, according to the evidence. So help you God.

Proclamations and Oaths.

506. Oath of Trier On a Challenge to the Favor.

You shall well and truly try and find whether M. N., the juror challenged, stands indifferent between the People of the State of New York and the prisoner at the bar. So help you God.

507. Oath of a Witness Before the Triers.

You shall true answers make to such questions as shall be put to you, touching the challenge of M. N., as a juror. So help you God.

508. Finding of the Triers.

The finding is, that M. N. stands indifferent [or, not indifferent].

509. Proclamation Requiring a Witness Under Recognizance to Appear and Testify.

Hear ye, hear ye, hear ye: G. H., who is bound by recognizance to give evidence against A. B., the prisoner at the bar, come forth, answer to your name, and give evidence, or you will forfeit your recognizance.

510. Oath of a Witness On a Trial for Felony.

The evidence you shall give between the People of the State of New York and A. B., the prisoner at the bar, shall be the truth, the whole truth, and nothing but the truth. So help you God.

511. Proclamation Before Sentence Pronounced.

Hear ye, hear ye, hear ye: All manner of persons are commanded to keep silence, while judgment is given against the prisoner at the bar, upon pain of imprisonment.

512. Proclamation Before Calling Jury On a Trial for Misdemeanor.

You, good men, who are here returned to try this issue of traverse, between the People of the State of New York and A. B., the defendant, answer to your names as you are called, and save your fines.

513. Oath of Juror On a Trial for a Misdemeanor..

You shall well and truly try this issue of traverse between the People of the State of New York and A. B., the defendant, and a true verdict give therein, according to the evidence. So help you God.

514. Oath of a Witness On a Trial for a Misdemeanor.

The evidence you shall give in this issue of traverse, between the People of the State of New York and A. B., the defendant, shall be the truth, the whole truth, and nothing but the truth. So help you God.

Taking Recognizances, Verdicts, etc.

515. Oath of Witness On the Trial of a Justice, On Charges.

The evidence you shall give between the People of the State of New York and Y. Z., on charges made against him as a justice of the peace, shall be the truth, the whole truth, and nothing but the truth. So help you God.

516. Address of the Clerk on Taking a Recognizance to Appear. You [and each of you] acknowledge yourself [or, yourselves] to be indebted to the People of the State of New York in the sum of dollars [or, to wit: you A. B. in the sum of $300, and you C. D. in the sum of $200] to be levied of your [and each of your] goods and chattels, lands and tenements, to the use of the said people, if default shall be made in the condition following-to wit: The condition of this recognizance is such, that if you [or, the said A. B.] shall appear at the next Court of Sessions [or, of Oyer and Terminer] to be held in and for the county of and there [or, from day to day during the sitting of the court] to answer and stand trial upon a certain indictment against you [or, to testify and give evidence on the trial of a certain indictment against M. N.] for felony [or, misdemeanor], and not depart the court without leave, and abide its order and decisions, then this recognizance to be void; otherwise, to remain in full force and virtue. Are you [and each of you] content?

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517. The Same; On Recognizance to Keep the Peace, or for Good Behavior.

[As in the preceding form to the *, and then continuing:] to answer and stand trial upon a certain indictment against him, for [state the offence], and shall also in the mean while keep the peace towards Y. Z. and all the other good people of this State [or, and shall also in the mean while be of good behavior], then this recognizance to be void; otherwise, to remain in full force and virtue. Are you and each of you content?

518. Taking Verdict On a Trial for Felony.

Gentlemen of the jury: Please answer to your names. [Here call them one by one.] Have you agreed upon your verdict? [After the answer, say :] Jurors, look upon the prisoner. Who shall say for you? [The foreman rises.] How say you? do you find the prisoner at the bar guilty of the felony [or, murder] whereof he stands indicted; or not guilty? [The foreman answers:] Guilty [or, Not guilty]. [Then the clerk adds:] Hearken to your verdict, gentlemen, as the court has recorded it. You say you find the prisoner at the bar guilty [or, not guilty] of the felony [or, murder whereof he stands indicted; and so you say all.

519. Polling Jury in the Same.

[When the polling of the jury is demanded, the clerk will begin with the first name on the panel :] A. B., how do you find the prisoner at the bar?

Proclamations, Oaths, etc.

guilty or not guilty? [When the foreman has answered, call the next juror, as follows:] C. D., is that your verdict? [Then proceed in the same manner through the whole panel, and when all have answered, say:] Then, gentlemen of the jury, hearken to your verdict as the court has recorded it. You say you find the prisoner at the bar* guilty of the felony [or, murder] whereof he stands indicted; and so you say all.

520. Taking Verdict in Other Criminal Cases.

Gentlemen of the jury: Please answer to your names. [Here call them one by one.] Have you agreed upon your verdict? [After the answer is given, say:] Who shall say for you? [The foreman rises.] How say you? do you find the prisoner at the bar guilty of the misdemeanor [or, assault and battery, and riot; or, riot; or, offence; or, crime] whereof he stands indicted; or not guilty? [The foreman answers:] Guilty [or, Not guilty]. [Then the clerk adds:] Hearken to your verdict, gentlemen, as the court has recorded it. You say you find the prisoner at the bar guilty [or, not guilty] of the misdemeanor [or, assault and battery, and riot; or, riot; or, offence; or, crime] whereof he stands indicted; and so you say all.

521. Polling Jury in the Same.

[As in Form 519 to the *, and then concluding thus:] guilty of the misdemeanor [or, assault and battery, and riot; or, riot; or, offence; or, crime] whereof he stands indicted; and so you say all.

522. Proclamation for Jury in a Civil Cause.

Hear ye, hear ye, hear ye: You, good men, who are here impanelled and returned to try this issue, joined between A. B., plaintiff, and Y. Z., defendant, answer to your names as you are called, and save your fines.

523. Oath of Jurors in a Civil Cause.

You and each of you shall well and truly try the several issues which you shall have in charge at this Circuit Court, and true verdict give in them respectively, according to evidence. So help you God.

524. Oath of Triers in a Civil Cause, Upon a Challenge for Favor. You shall well and truly try, and truly find, whether E. F., the juror challenged, stands indifferent between A. B., plaintiff, and Y. Z., defendant, in the issue about to be tried. So help you God.

525. Oath of Witness On a Challenge of a Juror.

You shall true answers make to such questions as shall be put to you, touching the challenge of E. F., a juror. So help you God.

Proclamations, Oaths, etc.

526. Proclamation for Plaintiff to Appear and Prosecute.

A. B., appear and prosecute your action, or your default will be entered.

527. Proclamation for Defendant on An Inquest.

Y. Z., come forth and make your challenges, or you will lose your challenges, and inquest will be taken against you by default.

528. Proclamation Calling a Witness to Answer on a Subpæna.

M. N., come forward and testify in this issue, joined between A. B., plaintiff, and Y. Z., defendant, according to the command of a subpœna therein served on you, or your default will be entered.

529. Oath of a Witness to Give Testimony.

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You do swear that the evidence you shall give in this matter in difference between A. B., plaintiff, and Y. Z., defendant, shall be the truth, the whole truth, and nothing but the truth. † So help you God.

530. The Same; By the Uplifted Hand.

You do swear, in the presence of the ever-living God, that [continuing as in preceding form from the* to the end].

531. Affirmation of Witness.

You do solemnly, sincerely, and truly declare and affirm that [continuing as in Form 529 from the* to the †].

532. Oath on the Voire Dire.

You shall true answers make to such questions as shall be put to you, touching your interest in the event of this cause. So help you God.

533. Entry When An Attachment Issues Against a Witness.

The People

agt. Y. Z.

On reading and filing an affidavit of the due service of a subpoena on M. N., to appear here this day as a witness on the trial of this indictment, and he being called and not appearing, and on motion of Q. R., Esq., district attorney, ordered that an attachment issue against the said M. N.

534. Oath of Interpreter.

You shall truly interpret between the court, the jury, the counsel and the witness, E. F., in this issue joined between A. B., plaintiff, and Y. Z., defendant. So help you God.