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Before 1831 most defendants in civil actions in which an exact amount of debt or damages was demanded were required to obtain special bail, or sureties for satisfaction of a judgment. The special bail piece is a memorandum filed with the court stating that the defendant has been delivered to special bail. The special bail piece states the names of the defendant and plaintiff; the name, occupation or rank, and residence of the bail (two persons are named, but generally one is fictitious —"John Doe" or "Richard Roe"); and the type of common-law action. The bail piece is signed by the bail and acknowledged before a judge or other court officer The amount of the special bail bond is not stated. A few bail pieces have exceptions by the plaintiff objecting to the bail. Before the l83Os, bail pieces were generally filed separately; thereafter they were usually included in the judgment rolls. The special bail pieces are arranged chronologically. Entries in the special bail books, described below, are arranged alphabetically by last name and serve as indexes to the bail pieces.
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| J0096 |
Special Bail Pieces (Albany), 1797-1847. 16.3 cu. ft.
The Albany bail pieces have several different arrangements. From 1797 to 1807, the bail pieces are bundled by term. From 1808 to 1826, they are bundled by year or years, then arranged roughly alphabetically by name of attorney. From 1827 on, they are bundled by year or years, then arranged alphabetically by name of defendant. Many are out of order. Some estrayed Albany bail pieces are found in J0099 Special Bail Pieces (Geneva). The Albany special bail pieces from 1797 through 1827 are docketed in J1202 Special Bail Books (Albany).
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| J0098 |
Special Bail Pieces (Utica), 1807-47. 15.5 cu. ft.
The Utica bail pieces are bundled by year or court term, then arranged alphabetically by name of defendant. Some estrayed Utica bail pieces are found in J0099 Special Bail Pieces (Geneva). The Utica special bail pieces from 1807 through 1828 are docketed in J2202 Special Bail Books (Utica). See also J1098 Affidavits of Justification of Special Bail (Utica).
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Special Bail Piece, 1798. This bail piece states that the defendant, John Warren, has obtained special bail. (One of the bail, "John Doe," is fictitious.) The bail piece always has the lower corners clipped off, as in this example. Under common-law procedure, many civil defendants were required first to give a bond to the sheriff or appearance in court, then to obtain special bail for satisfaction of a judgment award in favor of the plaintiff. (Series J0096 Special Bail Pieces Albany.) |
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J0099 |
Special Bail Pieces (Geneva), 1829-47. 2.6 cu. ft.
The Geneva bail pieces are bundled by year or term but are unarranged beyond that. The bail pieces from 1829 through 1843 are docketed in J3202 Special Bail Books (Geneva). See also J3026 Affidavits of Justification of Special Bail (Geneva).
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