On an indictment for assaulting and beating his wife, the defendant being brought into Court in custody of an officer on a Bench Warrant issued against him. On a motion of Mr. Riker, District Attorney ordered that he find surety for his appearance from day to day to answer to.

Thereupon the said James McCarter of the 5th ward, grocer, and John McCan of the same place, grocer, severally acknowledged themselves to owe and be indebted to the people of the state of New York. The said James McCarter in the sum of two hundred dollars [$200.00] and the said John McCan in the sum of one hundred dollars [$100.00] to be levied and made of their several and respective goods and chattels, land and tenements if default shall be made in the condition following - to wit.

The condition of the recognizance is such that if the said James McCarter shall personally be and appear at the court from day to day and answer unto all such matters and things as shall be objected against him and abide the order and judgement of the court and not depart without leave, then the recognizance shall be void otherwise to be and remain in full force and virtue.