OJnrnpll 2Iaui irlynnl Slibtaty KF 170.D92"'l857™™"' ''"'"'' * ''Sa'imSlteg, ■Efintaining more than tw 3 1924 022 835 189 Cornell University Library The original of this book is in the Cornell University Library. There are no known copyright restrictions in the United States on the use of the text. http://www.archive.org/details/cu31924022835189 A BOOK OF FORMS: CONTAIHma MOEE THAN TWO THOUSAND FOEMS, FOB « PRACTICE IN THE COURTS OF PENNSYLVANIA, AND OF THE UNITED STATES, J yUMQ ran ■> , boNYEYANCING; ALSO FOR THS USE OF PCBLIC OFriCERS AND MEN OF BUSINESS GENEEALLY. ADAPTED TO THE UECENI ACTS OF ASSEMBLT OP PENNSYLVANIA. WITH to Stantiarli ^utt)oitttes. TO WHICH ABE APPENDED A GLOSSARY OF LAW TERMS, AND A COPIOUS INDEX. By JAMES D. DUNLAP, COIIHSIiLLOB AT LAV, ETC. £10. FOimiH AITB EEVISED ESITIOK. PHILADELPHIA: KAY & BROTHER, 19 SOUTH SIXTH STREET, LAW BOOKSELLERS, PUBLISHERS, & IMPORTERS. 1866. Ehtebks, according to Act of Congress, in the year 1854, bj E. 0. A J. BIDDLE, in the Clerk's Office of the District Court of the Eastern District of Pennsylvania. Eniebed, according to Act of Congress, in the year 1857, by KAY & BROTHER, in the Clerk's Office of the District Court of the Eastern District of Pennsylvania. PREFACE TO THE FOURTH EDITION. The extensiye sale of this work, and the changes in the Acts of Assembly, have necessarily caused the Editor to increase the editions more rapidly than designed. Its general use among the legal profession, has also necessarily required its enlargement. In this edition, a very large increase of new and important Forms, Notes, and References have been added, and the forms in the third edition have been revised and adapted to the changes in the Acts of Assembly, and the later decisions of the Supreme Court. A variety of forms have been added in Accounts, Admiralty, Agreements and Contracts, Amicable Actions, Bills of Exchange and Notes, Bonds, Certificates, Commissions, Declarations, Deeds, Decrees, Depositions, Divorces, Equity, Execution Attachment, Executors and Administrators (in relation to appraisements, and the three hundred dollars under Act of Assembly to be set apart to the widow and children). Judgments, Inventories, Landlords and' Tenants, Leases, Mechanics' Liens, Orphans' Courts, Regis- ters, Patents, Petitions, Praecipes, Public Schools, Real Estate (in relation to trusts under the Act of 18th April, 1853), Sheriffs, Wills, Directions for making Searches, &c. (3) )V PKBFACB. The additions, together with such as were embraced in the third edition, will aflFord conveniences to the profession in their practice in the United States and State Courts ; and render also important assistance to conveyancers, public officers, executors and adminis- trators, and business men generally. The legal profession and others have liberally contributed in adding to this edition, and the Editor would acknowledge assistance from Eli K. Price, Edward Hopper, Samuel Hood, H. 0. Town- send, v. L. Bradford, James Bayard, Thomas Balch, E. Spencer Miller, J. Biddle, Prof. Vogdes, C. B. Penrose, Washington J. Jackson, Benjamin Champneys, A. Herr Smith, J. Bowman, B. Grant, and J. C. Marshall, Esquires, and Charles Mason, Com- missioner of Patents, H. C. Hickok, Deputy Superintendent of Public Schools of Pennsylvania, and others. With these remarks, the Editor submits the work to the legal profession and the public. Ekie, April 2tl, 1857. TABLE OF CONTENTS. SHOWING THE ORDER OF ARRANGEMENT OF THE ARTICLES. AocoiTirTS 7 acenowledssieiit .... 26 acqttittancb 44 Admiraltt Cocbts .... 45 AppiDATiTa AND Oaths . : .101 Articles of Agbeekest akd Cos- tracts 117 AuicABLB Action . . . *. 158 Application pok Land Warrants . 161 Appsentices 163 Arbitration and Award . . 172 AssisimsNT 174 Attachuent 186 Attestatiok 193 Bail Piece 194 Bills op Ezohasoi! and FBoms- 80RT Notes .... 195 Bills, Fehai. and Single . . 199 Bills op Sale .... 200 Bonds 204 Case Stated 233 Caveat 234 Cebtipicates 234 Certiorabi 239 Cognovit Actionem . . . 240 Checks 242 cohhission 243 oohpositioii 250 Conditions op Sale . . . 252 Complaint 255 Constables 264 Coroner 269 coeporations 277 Covenants 286 Declarations 295 Declarations op Trust . . 333 Deeds 333 Deposition 401 Deputation 403 Discharge . . . . , 403 Divorce 404 Due Bills and Produce Notes . 416 Bquiti 418 Error, Writ op ... . 471 ExEcunoH 473 Executors and Aduinistratobs . 476 Extradition 489 FuGinvB Slaves .... 491 Habeas Corpus .... 492 Insolvents . • . . . 497 Inteeest and Pabtial Payments . 601 Intebbogatobies .... 504 Justices op the Peace and Alder- men 606 Landlord and Tenant . . .608 Leases ' . 519 Letters op Attobnet . . . 629 Letters op Ceedit and Guaranties 540 (5) VI TABLE OF CONTENTS, Lettbrs of Licensz . Lunatics and DBtmsARDS Marbiasi: . Mechanics' Liens MoBTaAGES Natubalizatios Notices . Oephans' and Eeoistbbs' Couets Paetition in Cohmon Law Couets Patents Petitions .... Pleas and Seuitebebs . . PooB PniSciPES .... Pboclauation .... Pkomissoet Notes . Protest T71 FAaB 642 543 555 559 568 678 686 693 691 702 721 732 739 755 768 769 FAQ Public Schools . . . .776 Real Estate 788 Eeceipts 810 Becitals 816 Becobds 821 Release , 822 Bepobt 829 BOADB, HieHWATd, AND Beidses . 831 Shebiff 852 subpceha 871 Wakbant 01' Arbest . . . 872 Wills 876 Seabches, Directions for Making 898 Old Deed 9Bond, for which see page 209, and also sometimes require a Release from heirs duly acknow- ledged to be put upon record in the Recorder's office, for which see page 824. In Lancaster and other counties, it is also to some extent done by an auditor or auditors, especially where the estates are large and heirs numerous ; but where the heirs are all well known, and the estate not very large, it is quite common for the executors or administrators to pay those entitled to receive from the estate 7 8 ACCOUNTS. whether by will or otherwise, without reference to auditors (but after confirmation by the Orphans' Court,) and take from the heirs or legatees a refunding bond, and, if required, a release. A distribution account is also sometimes made. Any person aggrieved by a definitive sentence or decree of the Orphans' Court may appeal from the same to the Supreme Court, at any time within three years after the final decree. See Brightly 's Purdon, 625; Dunlop's Laws of Pa., 489; Act of Assembly of 29th March, 1832. The Judges of the Orphans' Court, within five years after final decree, may grant a rehearing on the original or a supplementary account, upon a petition of review being presented by an executor, administrator, or guardian, or their legal representatives, or by any person interested therein, alleging errors in such account, whioh errors must be specifically set forth in said petition of review, verified by oath or affirmation. On the presentation of said petition, the Court may grant a rehearing of so much of said account as is alleged to be erroneous, and give such relief as equity and justice may require, by reference to auditors or otherwise, with like right of appeal to the Supreme Court as in other oases, except that the appeal must be taken within one year after the decree made on the petition of review. A rehearing of an account is, however, never granted by the Orphans' Court, where the balance found due has been actually paid and discharged by any exe- cutor, administrator, or guardian. See Brightly's Purdon, 212 ; Dunlop's Laws of Pa., 831 ; Act of Assembly of 13th October, 1840. An administration account, properly settled, shows nothing more than the gene- ral balance due the heirs after a reduction of the personal estate into cash or its equivalent, and the payment of the debts. Into that account the moneys paid to the distributees or the advancement to one or more of the children do not enter. They should form no part of the administration account. A total disregard of this obvious distinction causes most of the perplexity which attends such settlements, Kittenhouse v. Levering, 6 W. & S. 200. So too, it is right in all cases that administrators should keep their accounts so separated as that the account set- tled will show the application of the proceeds of personal estate and the proceeds of real estate sold. Billington's Appeal, 3 Bawle, 62. It is not the office of an administration account to settle questions of distribu- tion. Ake's Appeal, 9 Harris, 320. In settling the accounts of a decedent's estate in the Orphans' Court, the dis • tribution should be kept distinct and separate from the administration account. Zundt's Estate, 6 Barr, 35. The only effect of a settlement of an administration account in the Orphans' Court is to show the balance of assets in the executor's hands after paying debts and charges. It can have no effect on the question as to the amount due to a legatee. Foulk V. Brown, 2 W. 214. If an account be intended to comprise the whole administration, it is to be called the administration account of the estate, in general terms; and the Court in confirming it, decrees that there is so much (naming the sum) in the hands of the accountant, subject to distribution accoi'ding to law, or to the terms of the will. If the account is intended to be a partial one, it is to be so headed ; and the balance decreed subject to further settlement. A subsequent partial account is called the further account, on which there is the same decree. The final account should be called such at the head of it, and the decree the same as on a general and final account. If assets come to hand after the final account, they are to be included in what is called a supplemental account. Bower's Appeal, 2 Barr, 432. The practice has been to credit the expenses of administration 4n the adminis- tration account, and they may properly be so credited still ; but where they have been omitted it certainly is not necessary to incur the delay and expense of a new account for so small a matter, and they may be included in the distribution account. Wilson's Estate, 2 Barr, 325. The practice in the Orphans' Court is to charge an administrator in his account with everything for which he will be eventually bound. Berkley's Appeal, 3 Barr, 425. The proper time to claim allowance for doubtful debts charged in the inventory, is when the administration account is settled. Metz's Appeal, 11 S. & R. 204. The afiidavit'of one administrator to the correctness of an account filed, is sufficient, although there are other administrators. Snyder v. Snyder, 6 Binn 469 ; Kennedy v. Waohsmuth, 12 S. & K. 171. ACCOUNTS. 9 In the settlement of an account by an administrator de bonis non, the proceed- ings of his predecessor cannot be included ; and it is error to blend such accounts. The transactions of the preceding executor or administrator must be contained 'n a separate account, to be settled by his representative. Hamaker's Estate, 5 Where a final administration account has been confirmed, the remedy to charge the administrators with money alleged to have been receiTod by them, and omit- ted, is by a petition for review, and not by a citation to settle a supplemental account. Downing's Estate, 5 W. 90. After an estate has been settled and releases executed, followed by an aoqui- Bscence for a number of years, the accounts will not be opened, unless in the case of fraud, imposition, or gross mistake. Mylin's Case, 7 W. 71. A petition for a review, containing no specification of errors, is not enough to authorize the opening of the accounts, for that reason alone. Kaohlein's Appeal, 5 Barr, 95. The account of an administrator, which has been finally settled, cannot be opened for correction after the expiration of -five years from its confirmation. Werting v. Nessley, 6 Barr, 141. Before the Act of 1840, an executor's or administrator's account, confirmed and not appealed from, was, after three years, good against all the world. Since then, in case of a petition stating a specific sum, the Orphans' Court may open the account so far as to investigate" that particular sum, at any time within five years after settlement, with some excepted cases. Bunting's Appeal, 4 W. & After the lapse of twenty years, the legal presumption is, that an account has been settled, the assets marshalled, and the money paid over ; which legal pre- sumption iuust be rebuttedby actual proof. Wilkinson's Estate, 1 Par. 153. A trustee in making investments, cannot protect himself from risk only by in- vesting the trust fund in real or government securities, or by making the invest- ment in pursuance of an order of Court : therefore trustees were hold liable for a loss on an investment in the stock of the Bank of the United States. Hemp- hill's Appeal, 6 Harris, 303. An appeal does not lie to any other account of an executor than the final ac- count. Light's Appeal, 10 Harris, 445. Though there are several accounts they are all treated as one, and on the hear- ing of the last all the others are open for investigation. Light's Appeal, 10 Harris, 445. An executor, in the decree on the final account, may be charged with interest, though he has had a previous account confirmed in which he was charged with the principal without interest. Light's Appeal, 10 Harris, 445. Two administrators filed separate accounts, each one charging himself with a part of the estate. On the settlement of a subsequent account by one of this administrators, it was held, that he was not chargeable with the balance in the hands of his co-administrator, however the case might be in a suit on the joint administration bond. Davis's Appeal, 11 Harris, 206. The administrator may retain a reasonable amount of the estate in his hands, to meet expenses and to pay claims in suit against the estate, without being liable for interest on such amount. Davis's Appeal, 11 Harris, 206. It is recommended as a matter of practice that exceptions to an account of an executor or administrator, be disposed of before the fund is referred to an audi- tor for distribution. Harding's Estate, 12 Harris, 189. All kinds of trustees are entitled to a reasonable compensation for their ser- vices as they are rendered, and unless a contrary intention appear, the compen- sation must come out of the income of the fund with which they are intrusted. SoUlday v. Bessey, 2 Jones, 847, commented on in Spangler's Estate, 9 Harris, 835. Executors, administrators, assignees, trustees, and guardians will generally find it advisable, in the settling of estates, to act under the direction of counsel learned in the law, in order to insure correctness and avoid the expense and annoyance of litigation. 10 ACCOUNT, (ADMINISTKATOas',) Administrators' The account of Thomas B. Miller and William Doty, Administrators of all and late of the Township of Springfield, in 1866. Jan. 1. I'eb. 1. Br. The said accoiintants charge themselves with all and singular the goods and chattels, rights and cre- dits, which were of the Said deceased, agreeably to an inventory and appraisement thereof, filed in the Begister's 0£Sce in Erie, amounting to .... He further charges himself with the following sums received in cash since the inventory and ap- praisement : Interest on the note of John Logan .... Principal of John Jones, on account of sales of land in the state of New York, during the life of dece- dent (not in the inventory) Principal of Louisville & Portland Canal stock, for 10 shares purchased by the compatiy at $213 per share (appraised at $180 per sharej, surplus being Principal of $17,000 city of Cincinnati 6 per cent, bonds paid off at par, appraised in the inventory at 95 per cent. — surplus over appraisement .... Interest on city of Pittsburgh bonds .... Dividend lo per cent. Baltimore Steam Packet stock Dividend of 8 per cent, on Bank of Danville stock Interest on Levi Jones's mortgage Dividend of 4 per cent. Ohio Life Insurance Co. Interest on city of St. Louis bonds .... Dolls. 50,000 244 498 219 850 00 800 00 1,200 00 300 00 675 00 400 00 300 00 Cts. 00 50 42 35 March \st, 1857. 54,987 27 Five per cent, has been the usual commisaion charged on all moneys received and paid, but it is now a well-established rule that executors, administrators, guardians, and trustees have a right to charge a reasonable aUowaace, according to the expense, labor, skill, and success attending th% administration of it, without regard to any fixed per centum. When the estate is very large and not troublesome in settling, a less amount tban five per cent, is generally charged ; and when an estate is small and troublesome to close up, a larger amount may be allowed. For decisions on the compensation of executors, administrators, assignees, and guard- ians, see Wilson v. Wilson, 3 Binn. 660 ; Pusey v. Clenison, 9 S. & R. 209; Askew v. Odenbeimer, 1 Bald. 380 ; Walker's Estate, 9 S. uiac Hailrof^d do , , <' State of Ten^iessee do , . " H. B. S.'s mortgage .' . Principal of Louisville £ Portland Canal stock, for 14 shares purdiased by the Company, at $231 per share (surplus over appraisement, 451 per shave) ; , To dividend on Ohio Life Insurance & Trust Company stock . . . To interest on W. D. L.'s note " City of Cincinnati 6 per cent, bonds " do. do. 5 percent, do. .^ . " City of St. Louis do " State of Tennessee do. .,.,,,. *^ Bichmond, Fredk. & Potpm^e BjplToad bQods . . . To dividend on do. do. do. do. stock . . . " Bank of Danville do « Port Walthall Steam B. Assn. do To interest on State of Tennessee bonds ' « P. A. V. D.'s note « do. do ; , ** City of Cincinnati Waterworks bon^s ..,,,, " City of St. Louis do " S. H. C.'b mortgage 567,4T2 19 10 67 1,200 00 2,190 00 60 (HI 760 no 275 00 1,800 00 1,570 46 400 (U) 600 00 160 00 160 16 300 00 300 00 150 00 734 61 1,314 19 900 00 300 on 900 00 30 on 2,4S0 00 600 01) 60 ,00 714 on 400 00 210 00 2,190 00 50 on 750 on 160 on 1,800 00 1,670 45 400 DO 600 00 276 no 210 00 69 ifi 300 on 300 00 460 00 14,914 78 I _^ * In Philadelphia, the stocks belonging to decedent, and appraised in the inventory, are frequently retained in the hands of executors and administrators, and distributed among the heirs at the appraised value. Por a report of Auditor for distribution of stocks and money, see page 678. In some other parts of the Commonwealth, it is the practice to reduce aHl the personal assets to cash not ACCOUNT, (executors'.) 15 Final Account. m the case may ht\ of John Doe and Eiohard Roe, Executors of the lastWUl and Testa- of Philadelphia, merohant, deceased. 1856. Not. 1. Dec. 16. 1857. Jan. 6, Feb. 20. April 1. Or. The said acconntants claim credit and allovance for the fclloving pay- ments, Ac, vis. : By cash paid Baltimore Steam Packet Co. for 2d instalment on 4 shares stock BycashpaidW. W., InBetflemeutof hisolaiminfoll '. '. '. '. '. « BaltimoTe Steam Faoket Co. for Sd instalment on 4 shares etoolE By cash paid J. F. B., Auditor, for auditing exeoutors* first account ! " E. P., Clerk, for Orphans' Court fees " Baltimore Steam Packet Co. for 4th and 5th instalments on 4 shares stock By cash p£dd G. M. D., fee for professional services " Begister's fees " 3. C. L. for attendance at auditors' meeting, auditing first account, \vr^ as ike case may 6«,j preparing the papers, and exhibiting the stock certificates to the auditors By cash paid at the Orphans* Court for a copy of first account, and the report of tile Auditor belonging tbereto By cash paid for postage stamps " on collateral inheritance tax on $50,824.63, at 5 per ct. " A. B. for stating this account . , " J. C. for counting-room occupied on account of the said estate since the last account Executors' commission on $27,443.00 * By the following items of the inventory remaining in the bands of the executors, valued in the appraisement accompanying the inventory as follows, viz. : $70,000 7 per cent, bonds Winchester and Potomac Koilroad Company $70,000 $78,000 6 per cent, bonds. City of Cincinnati 69,350 $10,000 " do. do. Waterworks . 9.600 $2,000 5 per cent, bonds, do. do. 1,700 $60,000 6 per cent, bonds, Richmond, Fredg. £ Potomac Kailroad 60,000 $20,000 6 per cent, debt, Bicbmond, Fredk. & Potomac Rail- road 18,000 $4,487 6 per cent, debt, Richmond, Fredk. & Potomac Rail- road 4,487 $30,000 6 per cent, bonds. Clover Hill Railroad Company . 30.000 $35,000 " City of St. Louis 32,200 $37,500 5 per cent, bonds. State of Tennessee 31.875 $30,000 6 per cent, bonds, State of Kentucky 31.500 $10,000 " City of Pittsburgh 9.300 $1,000 " City of Louisville 860 887 shares Richmond, Fredg. & Potomac Railroad Company 79,830 100 " Ohio Life Insurance & Ti-ust Company . , . 10,000 29 " Louisville & Portland Canal Company . . . 6,222 8 " Baltimore Steam Packet Company 10,000 50 ■' Norfolk & Port Waltball Steam B. Assn. . . . 5,000 100 " Bank of Danville ' . . . 1,000 W. D. L.'s note (with collateral security} 7,000 By balance of cash on hand Amount of assets of the original inventory In the hands of the executors at the appraised value (as above $48e,812 00 Balance of cash on hand 100,095 74 Balance of assete in hands of executors 585,907 74 SoUs. 1,200 479 400 300 1,200 500 100 10 6 2,541 60 60 1,007 486.812 100,096 JOHN DOE, BICHAKD BOIi. 694,914 73 only for the payment of debts, but also for distribution anong heirs ; except such property as the Acts of Assembly leave to the family of decedent, or such articles of personal property as may be designated by bequest of decedent. For form of AlBdavit to this account, see page 104. 16 ACCOUNT, (executor's.) Another Form of The final [or, aa the case may he] account of R. B. S., Executor of 1856. Mar. 28. Julys. Ootl. « 4. Nov. 1. 1856. Jan. 1. May 26. Br. This accountant charges himself witli the amount of the inventory and appraisement as filed in the Ke^ster's OfBce fcr the City and County of Philadelphia . . $74,073 00 Less interest in special partnership of I., S. & M'£., not received . . 10,000 00 To cash, six months' interest on $41,000, 6 per cent loan of the City of Philadelphia, due 1st inst. $1,230 00 Less State tax 61 50 To amount of siz months' interest on $7,000, 6 per cent, loan of the City of Cincinnald, due May 1st To amount of six months' interest on $5,000, 6 per cent, loan of the City of Pittshurgh $160 00 LessStatetax 7 50 To amount of six months' interest on $9,800, 6 per cent, loan of the TTnited States To amount of six months' interest on $5,000, 6 per cent, loan of the City of Pittsburgh $160 00 Lert State tax 7 50 To amount in the hands of 8. & W., testator's agents To profit on $7,000, City 6 per cents., disposed of at ^ advance . . . To amount of six months' interest on $7,000, loan of the City of Cin- cinnati To amount of six months' interest on $9,800, United States 6 per cent, loan To amount of six months' interest on $34,000, 6 per cent. loan of the Ciiy of Philadelphia $1,020 00 Less State tax 51 00 To amount received from J. B. C, return duties on molasses and sugar « " S.&W., do. do. do. « « T. L., ibr return duties .... $284 67 Less for collection M 89 Tohalance « There is a claim made by W. A., of $12,000, which is not acknowledged to be due, and of whidti payment has been reftised by the executor. Dolls. Cts. 64,073 1,168 50 210 00 142 60 294 00 142 6,709 207 60 40 60 210 ,00 294 00 969 450 896 00 40 60 189 1,592 78 60 76,639 78 ACCOUNT, (executor's.) Executor's Account. the last Will and Testament of W. H., late of , deceased. 17 1865. Feb. 26. Mar. 11. 23. April 8. " 13. " 30. May 9. June 24. July 9. Sept. 9. " 10. " 27. 1856. Jan. 2. " 12. « 15. . Or. This accountant craves allowance for the following paymentSf charges, and disbursements made on account of the estate, viz. : By cash paid F. M., sworn Interpreter, for translating Spanish will of testator By cash {udd J. S. & Son, on account of contract wilji decedent with W. J. for building a wall for cemetery, &o., in Qermantown .... By cash paid Register for grant of letters of administration, copies of will, &c. By cash paid for letter book and day book for accounts of estate . . *' Br. G. for medical attendance on deceased " Pennsylvania Inquirer and North American for publish- ing funeral By cash paid H. £. for funeral notices and envelopes " T. T. D. and J. M. D. for services in appraisement and inve'ktory of estate, and copy of certificate By cash paid 'for expenses of d^cedent's body to New York . . . . " Alderman A. B. for talung acknowledgments to agree- ments, Ac, for the estate of decedent By ca^ paid W. H. C. for amount of expenses and bill against the estate paid by him whilst in Paris, where the decedent died, and on the homeward voyage By ca^ paid J, B. C, amount of balance of his account against the By cash pcud S. B., undertaker, funeral expenses " I., S., and McK., articles fir funeral '* A. B., amount of his bill for tuition of 0. R., nephew of decedent, as per agreement of decedent to pay the saAie By cash paid J. C.'s account agunst the estate, being for bills dated August 12, 1854, and April 23, 1865, omitted in former accounts ^ . By cash paid S. H., amount of subscription of decedent for the Annals of Pennsylvania By tash paid X C. and J. B. 0., executors and trustees of A. H., de- ceased, for amount due by decedent to his brother James's estate . . Bj cash paid J. G. for counting-room occupied on account of estate . " for postage *< aubscilption for 1854 to Philadelphia Athteneum . . . ** Q. A.'s bill for drugs famished decedent " T. G. B., Register, on account of (of which $222.40 ie on real «(tate) collateral inheritance tax* By cash ptud Pennsylvania Inquirer and North American for adver- tising disBolutdon of jpartnerEhip of firm of I., S. & M'E., in which the decedent was a special partner By cash paid T. 0. B., Register, collateral inheritance tax By amount of commissions on $76,639.78, at 5 per cent. By cash paid J. M. R., Esq., for professional services " Register of Wills, and for Orphtms* Court fees, 2 copies By balance in stocks, as valued in inventory : City of Philadelphia 6 per cents $31,600 $i!2.469 00 United States loan 9,800 11.245 50 Pittsburgh loan 5,000 4,537 50 Cincinnati loan 7,000 6,965 00 By balance in cash 16 00 1,000 00 no 3 286 00 62 71 1 10 CO OO 53 116 00 89 ?668 !90 113 1^ 1' B.OOl 3) 2,022 65,217 1,592 19 26 260 00 3,786 28 300 00 17 'iO R. R. S. 76,639 The ExecntOT to make Oath or Afflrmatioa to this accoimt; for form of irbich see page 101 18 ACCOUNT, (DISTRIBTUTION.) Iixeeutrini's The distribatioD iu!(;eiiqt of E, E., as svryiTUig Mxeent03- 1856. NpT. 20. Dr. The said aeoountant charges herself with the balance of the second and final acconnt, audited on tlW :t9th of February, 1856, and oonfirmed by the Orphans' Court on the 7th Majrch, ISift . ^ . . ....... N. B. The above balance of the aboTe>nam«d account viz. $248,707.10, consists n.ot of n^oney, but of tjic stockSj, loans, cash, an.d securities ^p^oifieAin tift o^EOsiti) page. Dolls. 248,707 Ots. 10 248,707 10 ACCOUNT, (distribution.) Account. of tbe Estate of F. E., late of Philadelphia, deceased. 19 1856. Nov. 28. 1857. Jon. 15. " 28. Or. By this amount paid to J. C. L. and W. B., as trustees for E. K., being her one-half of the residuary personal estate of tbe testator, as per agreement dated tbe 18th da; of September, 1850, between Mrs. E. K., M. W, F., and C. T., the same having been paid in the following stooks, seourifies, and plate, viz. : $10a,000 South Carolina 6 per cent, loan, at 108 per cent. $108,000 00 $1,775.25 South CaioUna 6 per cent. loan, at par 1,775 25 $3,964,39 South Carolina 3 per cent. loan, at 62 per cent 2,457 92 Mortgage of T. E. M'P 6,000 00 372 shares Santee Canal, at $5 ... 1,860 00 120,093 17 By cash paid to W. B 3,512 07 By amount of silver plate 748 31 , By this amount paid to J. C. Ii. and W. B., as trustees for M. W. F. and C. T., lespectively, being tbe sum of their respective expected shares (one-fourth ea«h] of the residuary personal estate of tbe testator, and as per agree- ment dated tbe I8th day of September, 1856, between M. E. E., M. W. F., and C. T., the same having been paid in, the following stocks and securities, viz. : By Chesapeake & Delaware Canal loan, $12,040.82, at 98 per cent. .... $11,800 00 By Schuylkill Navigation stock, 180 shares, at $12 2,160 00 By Philadelphia City 6 per cent, loan, $12,000, at 5 per cent. 12,600 00 By Philadelphia City 5 per cent. loan, $13,700, at 88 pet cent 12,056 00 By Philadelphia City gas 6 per cent loan, $24,200, at 3 per cent. . . . 24,926 00 By Philadelphia Counter 6 per cent. loan, $5,635.56, at U per cent 5,720 10 By Ohio 6 per cent, loan, $3,000, at i per cent. 3,016 45 By Kentucky 6 per cent, loan, $4,000, at 6i per cent 4,260 00 By Tennessee 6 per cent, loan, $28,000, at 3 per cent 28,840 00 By Tennessee 5 per cent. loan, $23,000, at 82J per cent. 18,975 00 124,353 55 One-half of it paid to M. W. F., in Bheda .... " '• C. T., in Limburg Dolls. Cts. 124,353 55 62,176 62,176 78 77 PUladeVpUa, Jan. 28, 1857. E. K. 248,707 10 20 ACCOTTNT, (TKUBTBE'S.) Trustee's The first and final aoconnt [or the first and partial accowat, or the teeond, third) fourth, and Testament of 1852. M#rch 24. 1854. Oct. 8. Not. 1. 1855. Jan. 1. March 1. Dr. The aooonntant charges himself with the following, viz. : To cash receiTcd of A, B., executor of John Jones, de- ceased, in trust for Mary Jones Interest on same from March 24, 18S0, to date . . . To six months' ground-rent received of C. D. . . . " proceeds of sale of house and lot in Korth Sixth St. " six months' rent reoeired of E. Pentland . . , . " " " " George HaversticTc " " " " John Ounningham . . " " " " Andrew Horner . . . " " " " James Boyd . . . . " " " " Richard Terry . . . « " " " Peter Dallas . . . . " " " " Lewis Lander . . . " " " " Orval Crane . . . . " " " " Abiather Crane . . . " principal of ground-rent on property, in Schuylkill Seventh Street, of John Edwards To ground-rent of John Edwards to date " six months' ground-rent received of G. W., due 1st inst To interest on $2,500 for 23 days " six months' ground-rent received of C. S., due 1st inst To proceeds of sale of house and lot in North Second Street ...... . To cash received oi A. B., executor of John Jones, de- ceased, in trust for Maiy JCnes • To 1 year's interest on $5,000 . " interest received on funds before investment . . " proceeds of sale of house and lot on Market Street " " " " Chestnut do. [Sometimes it is proper to state how the trust was made, and the particulars in relation to it] DoUs. 10,000 100 1,715 400 300 103 6,000 6,000 Cts, 00 9,818 00 75 00 1,550 00 75 00 90 00 50 00 70 00 60 00 300 00 300 00 300 00 200 00 200 00 2,500 00 27 50 120 00 9 38 40,362 88 For form of Affidavit to this account, see page 104. Some persons, in stating this and similar accounts, prefer to make four columns instead of two and take the firsfr two for ACCOUNT, (TEUSTEB'S.) 21 Account. or aa the cate mag be] of Williapk A. Brown, Trustee of Mar; Jones, under the last Will John Jones, deceased. 1852. March 1. (( Julyl. ti Sec. 1. 1853. April 1. 1854. April 1. 1855. April 1. 1856. April 1. Julyl. " 20. Aug. 1. 1857. March 1. Or. The accountant claims credit for the following, viz. : By cash paid for certificate of appointment .... " E. K. for examination of title-paper| " Mary Jones " do. " do. " for tuition and board of Mary Jones 1 year at E. Sohool Do. do. do. do. Do. do. do. do. Bo. do. do. do. By cash paid Mary Jones " E. H. for professional services to account- ant as trustee The accountant claims credit for making the following investnlents for the benefit of said Mary Jones, to wit : By cash paid $10,000 6 per cent, loan of the State of Pennsylvania By cash paid for bond and mortgage against 0. P. for " ground-rent on the property of G. G., pur- chased for Mary Jones >. By cash paid Mary Jones " State, County, and City taxes on lands of Mary Jones By cash paid for $5,000 United States 6 per cent bonds " $5,000 for bond and mortgage on City of Erie real estate Commission on $40,362.88, 5 per cent. Amount paid for stating this account " on filing this account, to Clerk of Orphans' Court By cash paid E. H. for professional services to account- ant as trustee Balance of cash on hand The property belonging to the said trust estate, now in the hands of the trustee, consists of $10,000 6 per cent, loan of the State of Pennsylvana $10,000 00 $5,000bonde., may be shown at a glance. 22 AccoujrT, (guaedian's.) Q-uardian's Amos Walker, Guardian of James Judaon, one of the Children and Heirs of John James 1855. Jan. 1. April 1. (( tt tt tt tt Mayl. Julyl. tt 1856. Jan. 1. tt tt tt tt tt tt It Dr. The said Guardian charges himself as follows, viz. : Amount received of James Hughes, executor [or administrator'] of the said John Judson, being the -proportion of the personal estate [or as the case may he] due the said James Judson as one of the heirs of the said John Judson, deceased Amount received of Ira Glaxier, in full of the said James Judson's proportion (it being one-fifth) of one year's rent of a farm of the said John Judson, Dolls. , 10,000 100 100 1,000 73 150 * 79 43 42 1,000 300 is 100 100 73 150 43 42 100 Cts. 00 00 00 00 00 00 59 70 00 00 00 10 00 00 00 00 70 00 00 Cash received for one year's rent on dwelling in . Erie, said Ward's share one-fifth ' Cash received on G. L.'s bond and mortgage " dividend on Penn Township Bank Cash received for one year's rent of farm in Fair- Cash received on Andrew Homer's note, principal $73 00 Cash received for interest, 1 year, 3 months, and 15 days ....... -659 Cash received for one year'^ interest on S. D.'s bond and mortgage . . . Cf^sh receive^ for one year's interest on B. F.'s Cash reeeived for timber sold to Albert I. Kelso " as part of the amount of legacy to Ward bv J. M.'s will Cash received, amount of G. L.'s note, given for balance of last year's interest on his mortgage, in- cluding interest on note ......... Cash received for one year's rent of house on State Street in Waynesburg Cash received of said Ward's share of rent on Cash received of dividend on Penn Township Bank stock Cash received for 1 year's rent of farm in Fairview " " interest on bond and mortgage of S. D. . Cash received for one year's interest on bond and Cash received for rent of house and lot on State 18,520 09 Acco'H'ni. ACCOUNT, (guardian's,) 23 Judson, late of - Judson, -, deOeaSed, in aecfiUnt with tlie Estate of the said 1855. Jan. 1. 1856. Jan. 1. 1857. Jan. 1. Cfr. fhe CruardtaA asks allowance for the Mowing Bums, paid on account of his said Walrd, Vis. : Paid James Skinnelr, clerk's fees ... $3 00 <> John Banks, attorney's fee . . . 80 00 " James Sanders for six months' botirdintt of Ward , T . Paid John Williams for one year's tnitiott . . " John Goalding for clothes fumishecl said Ward, as per bill rendered Paid J. Lintz for school books By cash loaned on moTl|pge to Abel Jones . . " paid Tibles, Hayes & Co. for bill of tner- chandise Loaned to Bobert Qa^, on his bond and mortgage " John Lee, do. do. do. Paid S. Newland's bill of lumber used in repaiting house and barn belonging to said Ward . . . ; Paid for postage stamps to pay letters on Ward's estate Paid Dr. S.'s bill for medical attendftn«6 , . . " Bufus S. Loomis's bill fof repairing dwelling' house and barn in ^, belonging to Ward . . Paid Mrs. Judsob, the mother of the Ward, for clothing for the year 1855 Paid the mother of the Ward for one year's board- ing, ending 1st January, 1856 Paid Mrs. Ward for olothing for the yeaif 1856 . " '' one year's boarding, ending 1st January, 1857 Paid 0. Spafford fbr bill of School books for Ward Paid for stating this account Paid Clerk of the Orphans' Court for filing this account, &o Commission charged on $13,620.09 (6 per cent.) Cash on hand Amount of assets now ott hand are as follows, Vi2. : Mortgage of Abel Jones . . . $3,000 00 " Kobeft Gay . . . 4,000 00 " John Lee ... . 1,000 00 Cash on hand 4,182 64 12,132 84 Dolls. 48 12 80 10 3,000 83 4,000 1,000 40 10 50 100 104 110 104 10 10 676 4,132 Cts. 00 00 00 00 00 00 00 00 00 00 50 00 00 AMOS WALKER. 13,520 09 For form of Affidavit to this account, see page 104. 24 ACCOUNT, (assi&neb's.) The account of J. B. L., Assignee of G. H., of ■ Assignee'! Merchant, by 1856. Dr. The said accountant charges himself with all and singular the assigned estate, real, personal, and mixed, of the said assignor, G. H., according to an inventory and appraisement thereof filed in the Prothonotary's Office, at — '■ , on the day Dolls. Cts. of , A. I)- 18 — , ftmounting to the sum of . 99,511 45 Jan. 1. The accountant charges himself with an advance on the sale of the share in the Susqtivhanna & York Turnpike, which was' appraised at $20, and sold, 26th February, 1856, to J. W. for $25 •. . 5 00 « Ditto on two-horse wagon, appraised at $65, and sold for $100 35 00 April 1. The accountant charges Mmself with the follow- ing rents received by hii^iot charged in the in- ventory, viz. : tt H. K, one year's rent to date 36 00 H W. K., " " 60 00 (( J. H., " " 53 00 (( J. B., one year's rent of stable to date . . . 5 00 tt M. C, one year's rent to date The said accountant charges himself with the following interest, to wit : 72 00 tt On $250, the half of D. R.'s purchase-money of tt No. 4 real estate, from 1st AprU, 1855, till Ist No- 8 75 tt On $550, the half of D. B.'s purchase-money of No. 5 of real estate, from 1st April, 1855, till 1st 19 00 tt On J. C.'s note until the time he paid the same. on the day of , A. D. 18— 16 00 " The accountant charges himself with the follow- ing sums, not inventoried, received of J. B., of (( For account of J. P. B $10 00 (( G. S 15 00 tt u " H. M 12 00 37 00 The accountant charges himself with the follow- ing dividends received on bank and turnpike stock. tt From the Farmers' Bank of Lancaster, on eight (8) shares of its stock, viz. : ' It June, 1855, $1.50 12 00 (( December, 1855, 1.50 12 00' (( From 3 shares of the L & E Turnpike stock, viz. : « July, 1865, $1.50 4 50 it January, 1856, 1.50 4 50 99,891 20 ACCOUNT, (aSSI&NBE'S.) Account. Deed of Voluntary Assignment, dated the day of - 25 -, A. D. 18—. 1856. Or. The said accountant claims credit and allowance for the following payments, &c., viz. : Dolls. Cts. Jan. 1. Paid Becorder of County for recording. &o., the deed of assignment 2 00 Paid appraisers, Messrs. A. and B., for apprais- ing the estate and effects of the assignor (each 10 days) 20 00 M Paid editors of Legal Intelligencer and Public Ledger for advertising notice of assignment, &c.. handbills, and insertion in said papers of notice of sale of personal and real estate of assignor . . 80 00 iaftieBi«te!rtf*©j»6etoi:s^^^ Pennsylvania^for the uses, and purposes therein mentioned; and that the lytme of this deponent, subscribed to the said deed as President of the said Corporation, in attestation of the due execu- tion and delivery of the said deed, is of this deponent's own proper and refspective handwriting. Richard Roe. Sworn and subscribed the day and year aforesaid, before me. Witness my hand and seal. iJ^&Er CHARLES GILPIN, ^^l AchnowledgmeM hy Special Partners. Lancaster County, ss. Before me, one of the Justices of the Peace in and for said county, ^ personally appeared the above-named A. B., C. D., and ACKNO-WLBDGMENT. 29 E. ¥., -who severally, in due form of law, acknowledged the fore- going certificate as and for their, and each of their act and deed, to the end that the same might be recorded as such. Witness my hand and seal, this tenth day of February, A. D. one thousand eight hundred and fifty-two. #Sif^ JOHN GREEN, hIsIP Justice of the Peace. "^^^^ Acknowledgment of a Writing in English, with a Qo'py in another language. Erie County, ss. Before me, John Green, one of the Justices of the Peace in and for the said county, personally appeared the within-named William Smith, who in my presence did acknowledge the foregoing , whereof the annexed purports to be a true translation, to be his voluntary act and deed, and by him delivered to the within-named John Jay, for the purposes therein mentioned ; the name and seal thereunto prescribed and affixed, being the proper hand and seal of him, the said William Smith. In testimony whereof, I have hereunto set my hand and seal, this tenth day of May, A. D. one thousand eight hundred and fifty-two. ,^¥*-i- JOHN GREEN, ^^t Justice of the Peace. "^SSe^ *An Affidavit where a Deed hag not been acknowledged, but proved by a subscribing witness. Chester County, ss. Be it remembered, that on the tenth day of January, A. D. one thousand eight hundred and fifty-two, before me, the subscriber, one of the Justices of the Peace in and for the said county, per- sonally came John Parke, of Auburn, in said county, yeoman, one of the subscribing witnesses to the execution of the above inden- ture, and being duly sworn [or affirmed] upon his oath [or affirma- tion] according to law, doth depose and say, that he did see John Jones, the grantor above named, sign and seal, and as his act and deed, deliver the above indenture, deed, or conveyance, for the uses and purposes therein mentioned : and that he did also see William Sankey subscribe his name thereunto as the other witness of such sealing and delivery,, and that the name of this deponent thereunto * This form of proving deeds is in accordance with the Act of Assembly of Pennsylvania, of 28th May, 1715, relative to deeds'inade out of the slate, and which have not been acknowledged before a duly authorized officer. 1 Smith, p. 94. 30 ACKNOWLEDGMENT. set and subscribed as a vritness, is of this deponent's own proper handwriting. , John Pakkb. Sworn [or a£5rmed, as the case may be] and subscribed the day arid year aforesaid, before me. Witness my hand and seal. JOHN CORRY, Justice of the Peace. Another Affidavit, where a Deed has not been acknowledged. City of Philadelphia, ss. Be it remembered, that on the tenth day of January, i^ the year of our Lord one thousand eight hundred and fifty-tWo, before me, James Law, Esquire, one of the Aldermen of the said city, person- ally came Albert Whitman, of said city, and on his solemn affirma- tion, according to law, doth depose and say, that he was present and did see William Sankey, of the city of New York, merchant, [the grantor in the ■within indenture named,]' sign, seal, and, as his act and deed, deliver the mthin-written indenture, deed, or conrey- ance, for the uses and purposes therein mentioned : and that the same was so signed, sealed, and delivered in the presence and hear- ing of John Newton, of the city of Philadelphia, merchant, and of this affirmant ; and that the name William Sankey set and sub- scribed to the said indenture, as the party executing the same, is of the proper handwriting of the said William Sankey, and that the names of John Newton and Albert Whitman, also set and sub- scribed to the said indenture I as the witnesses attesting the due exe- cution thereof, are of the respective handwriting, of the said Joha Newton and of this affirmant. Albert Whitman. Affirmed and subscribed the day and year aforesaid, before me.. Witness my hand and seal. -iMMt, JAMES LAW, AMerman. An Acknowledgment hy an Executor, Actmimstrator, or Trustee. Erie County, ss. Before me, the subscriber,, one of the Justices of the Peace in and for the said county, personally came the above-named A. B,, Executor of the last Will and Testament of M. A., [or Administra- tor of the estate of M. A., or Trustee of the. estate of M. A., as the case may be,] who in due form of law acknowledged the, above Li- denture to be his act and deed as such executor, [or administrator or trustee,] to the end that the same might be recorded as suchr according to law. ACKNOWLEDGMENT. 81 In testimony whereof, I have hereunto set my hand and seal this tenth day of February, A. D. one thousand eight hundred and fifty-two. .^^-f-f DYER LOOMIS, ^ *^ Justice of the Peace. An Acknowledgment hy a Wife, in a separate Certificate. Crawford County, ss. Before me, the subscriber, one, of the Justices of the Peace in and for the said county, personally came C. D., wife of A. B. de» scribed in the within conveyance, who in due form of law acknow- ledged the above indenture to be her act and deed, and desired that the same might be recorded as such. The said C. D., being of fuU age, a«d by me examined separate and apart from her said husband, and the contents of the foregoing indenture being first made fully known to her, declared that she did voluntarily and of her own free will and accord, seal, and as her act and deed deliver the same, without any coercion or compulsion of her said husband. In testimony whereof,, I have hereunto set my hand and seal this tenth day of January,. A. D. one thousand eight hundred and fifty-two. WILLIAM JONES, Justice of the Peace. An AeJmowledgment where a Deed has been executed hy an Infant, and confirmed at majority. Allegheny County, ss. Before me, the subscriber, one of the Justices of the Peace in and for the said county, personaUy came the above-named A. B., who executed the foregoing indenture, and thereupon duly acknow- ledged that the said indenture was formerly executed by him when he was an infant under the age of twenty-one years ; and that he has since arrived at the full age of twenty-one years, and is desirous of confirming his former execution thereof; and that he now acknow- ledges that He executed the same as and for his act and deed, and desires that the same may be recorded as such according to law. In testimony whereof, &o. s4r^-> JAMES EBDMAN, Justice of the Peace, / Under the act of 1848, it ia the usual practice, in Pennsylvania, where a man's 'wife, owning in her own right, wishes to convey real estate, to draw a deed in the Dsaal form for husuand and wife, and on the back of said deed, and, before the signing and execution of the same, to make the declaration, and acknowledgment S% ACKNOWLEDGMENT. of such declaration, before a Judge of the Court of Common Pleas : after which the deed may be signed and acknowledged in the usual form, either before a Judge, a Justice, or an Alderman. S. W. Thaokara, Esq., of Philadelphia, whose reputation as a conveyancer is a sufficient guarantee of their correctness, has furnished for this work the following forms, under the said act of 1848. Declaration of a Married Woman, to enable her to convey her estate under the Act of 1848, "Be it remembered, that I, Mary E. Jones, who am a party to the witHn-written indenture, do by these presents give and grant this my written consent to the said within-written indenture or deed of con- veyance, and declare that the same was had and obtained previously to the execution of the said indenture, and that the said consent was not the result of coercion of my husband, John Jones, but that the same was voluntarily given, of my free will, in accordance with the provisions of the sixth section of an Act of Assembly of the Commonwealth of Pennsylvania, passed the eleventh day of April, A. D. 1848, providing, among other things, to secure the rights of married women. In testimony whereof, I have hereunto set my hand and seal this twenty-third day of February, A. D. one thousand eight hun- dred and fifty-two. Sealed and signed in \ the presence of J MARY E. JONES. ♦^•»- Aohnowledgm&pt of such Declaration. Commonwealth of Pennsylvania, ss. Before me, the subscriber, one of the Judges of the Court of Common Pleas of Philadelphia County, in the Commonwealth aforesaid, personally appeared the above-named Mary E. Jones, and acknowledged the foregoing written instrument of consent, signed by her, to be her act and deed, and that the same was done without any coercion of her husband, John JoneS, and desired that the same might be recorded as such ; and I certify that the same was done and executed before me, before the signing and execution of the within indenture or deed of conveyance. In testimony whereof, I have hereunto set my hand and seal this twenty-third day of February, Ai D. one thousand eight hundred and fifty-two. OSWALD THOMPSON, President Judge of the Court of Common Pleas of Philadelphia County. ACKNOWLEDGMENT. 33 Acknowledgment of the Deed, after the foregoing AohnOwUdgment of the Declaration. Commonwealth of Pennsylvania, ss. Before me, the subscriber, one of the Judges of the Court of Common Pleas of Philadelphia County, in the Commonwealth of Pennsylvania, appeared personally the above-named John Jones and Mary E. Jones, who severally acknowledged the above-written indenture to be their act and deed, and desired that the same might be recorded as such according^to law. And the said Mary E. Jones, being of full age, and by me examined separate and apart from her said husband, and the full contents of the said indbnture being by me first made known to her, did declare that she did voluntarily and of her own free will and accord, seal, and as her act and deed deliver this said indenture, without any compulsion or coercion of her said husband. In testimony whereof I have hereunto set my hand and seal this twenty-third da^. of February, A. D. one thousand eight hundred and fifty-two. OSWALD THOMPSON-, President Judge of the Court of Qommon Pleas '• of Philadelphia County. Certificate of Proof of Execution hy a Religious Corporation. County of Philadelphia, ss. Before me, the subscriber, one of the Justices of the Peace in and for the said county, personally appeared A. B., with whom I am personally acquainted, who being sworn upon his oath saith : That he resides in the City of -Philadelphia, and is clerk [secretary, or warden] of the corporation of the Rector, Church-wardens, and Vestrymen of the Protestant Episcopal Church of [or the corporation of the Trustees of the Pirst Methodist Episcopal Church] in the City of Philadelphia ; and that the seal affixed to the within indenture is the corporate seal of said corporation, and was affixed by order of said corporation.* In testimony whereof, I have hereunto set my hand and seal this tenth day of August, A. D. one thousand eight hundred and fifty- two. ^ilUj- JOHN DOE, Justice of the Peace. '^^^^ Acknowledgment of a Deed executed hy a Corporation in New Jersey. State of New Jersey, Gloucester County, ss. Be it remembered, that on this day of , A. D. — , before me, one of, &c., personally appeared C. D., who is, * If necessary, add a clause proving the handwriting of the subscribers to the conveyance. 8 84 ACKNOWLEDGMENT. I am satisfied, the cashier of the [State Bank at O^mdenJ, who be- ing by me duly sworn, did depose and say, that he knows the seal of said bank, that the seal affixed to the foregoing indenture is the cor- porate seal of said bank, and that the seal was affixed to the said indenture by order of the directors of said bank ; that E. F^is the president of said bank, and did sign the said indenture by order of the said directors in deponent's presence, and that he, this deponent, by the like order, did sign his name thereto as the cashier of said bank. In testimony whereof, I have hereunto set my hand and seal the day and year aforesaid. ■iiilii^/. WILLIAM BROWN, Justice of the Peace. Form for the authentication, hy a Commissioner for Pennsylvania, of an instrument executed hy a Corpai'ation. Form of Acknowledgmeat of the Jh-esident. State of New York, City and County of New York, ss. Be it remembered, that, on this fourth day of July, A. D. one thousand eight hundred and fifty-two, before me, the undersigned, John Livingston, a Commissioner duly appointed and qualified by the Grovernor, and under the laws of the State of Pennsylvania, to take acknowledgments, &c. to be used and recorded therein, per- sonally appeared the above-named Charles A. Heckscher, President of the Forest Improvement Company, and acknowledged the above and foregoing written conveyance to be the act and deed of the said Forest Improvement Company, and also acknowledged that the seal thereto a;ffixed is the common and corporate seal of the said Company, and that the said conveyance was signed by him, and the said seal was thereto affixed by him, as President, by order and authority of the said Company. In testimony whereof, I have hereunto set my hand and affixed my official seal, the day and year aforesaid. JOHN LIVINGSTON, Commissioner for Penna. (Commissioner's seal.) Form for Affidavit of the Secretary. State of New York, City and County of New York, ss : Be it remembered, that on the fourth day of July, one thousand ejght hundred and fifty-two, before me, the undersigiied John Livingston, a Commissioner duly appointed and qualified by the Governor, and under the laws of the State of Pennsylvania, to take affidavits, &c. to be used therein, came personally Richard Heckscher, Secretary of the Forest Improvement Company, who, » ACKNOWLEDGMENT. 35 being duly sworn, did depose and say, that he was present and did see Charjes A. Heckscher, President of the Forest Improvement Company, sign the above and foregoing written conveyance, and aflSx thereto the common and corporate seal of the said Company, which is the same seal now thereto affixed, and then deliver the said conveyance ■ as the act and deed of 'the said Company, made by order and authority of the said Company ; and that the said Richard Heckscher did thereupon subscribe his name as Secretary of the said Company, to the said conveyance, in attestation of the due execution and delivery thereof ; and his name now subscribed thereto as such Secretary as aforesaid, is in the proper handwriting of him, the said Richard Heckscher. Richakd Heckschek. Subscribed, and sworn to, this 4th day of July, A. D. 1852, be- fore me, ^ JOHN LIVINGSTON, Gommissioner for Penna. (Commissioner's seal.) Forms of Acknowledgment for every State in the Union. The following acknowledgments have been prepared by John Livingston, Esq., Editor of the United States Law Magazine, New York city, vrho has been appointed Commissioner for the several states of the Union, and who has kindly furnished the same for insertion in this work. ALABAMA. United States of America : State of New York : City and County of New York, ss. : Be it remembered, that on this fourth day of July, in the year one thousand eight hundred and fifty-one, before me, John Livingston, a Commissioner, resident in the city of New York, duly commissioned and qualified by the executive authority, and under the laws of the State of Alabama, to take the acknowledgment of deeds, &c. to be used or recorded therein, personally appearedf G. W. L., and M. L., his wife, to me known to be the individuals named in, and who executed the fore- going conveyance,* and acknowledged that they signed, sealed, and delivered the same to James Jones, the grantee therein named, on the day and year therein mentioned, as their voluntary act and deed ; and the said M., on a private examination apart from her husband, acknowledged that she signed, seaJed, and delivered the same voluntarily and freely, without any fear, threats, or compul- sion of her husband. In witness whereof, I have hereunto set ,my hand and af- fixed my official seal as such Commissioner, this fourth day of July, A. D. 1851. JOHN LIVINGSTON, Commissioner for Alabama. (Commissioner's seal.) 36 ACKNOWLEDGMENT. ARKANSAS. .[J.S in Alabama to *] and severally acknowledged that they exe- cuted the same, for the consideration and purposes therein men- tioned ; and the said M., having voluntarily appeared before me, in the absence of her husband, declared that she had, of her own free will, executed the said conveyance, and had signed and sealed the relinquishment of her dower for the purposes therein con- tained and set forth, without compulsion or undue influence of her husband. In witness, &;c. CALIFORNIA. \As in Alabama to *] who acknowledged to me that they exe^ euted the same freely and voluntarily, and for the uses and pur- poses therein mentioned ; and the said M., having been by me first made acquainted with the contents of such conveyance, acknow- ledged, on an examination by me had apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion, or undue influence of her husband, and that she does not wish to retract the execution of the same. In witness, &c. CONNECTICUT. [ J.8 in Alabama to *] and acknowledged, that they did sign and seal the same as their free act and deed. In witness, &c. DELAWARE. \_As in Alabama to *] and acknowledged said indenture to be their act and deed respectively, and desired that it might be re- corded; and that, on the same day, the said M., wife of the said G. W. L., having been examined by me privately, apart from her said husband, acknowledged that she executed said indenture will- ingly, without cofflpulsion, or threats, or fear of her said husband's displeasure. In witness, &c. FLORIDA. Form of Acknowledgment by a Husband. [As in Alabama to *, omitting name of wife"] and acknowledged that he did execute said conveyance for the purposes expressed therein. In witness, &c. ACKNOWLfiDGMBNT. 37 lEorm of Acknowledgment hy Wife. [As in Alabama to f] M. L., the wife of the within-named G, W. L., and having been privately and separately examined by me, she did declare that she did freely, voluntarily, and without any compulsion, dread, or fear, of any person or persons whomsoever, renounce, release, and for ever relinquish unto tlie within-named James Jones, his heirs and assigns, all her interest and estate, and also all her right and claim of dower, of, in, or to all and singular the premises within mentioned and released. M. L. In witness, &c. (Commissioner's name and seal.) GEOKGHA. \As in Alabama to *] and severally acknowledged that they exe- cuted the same ; and the said M., on private examination, acknow- ledged and agreed that she did, of her own free will and accord, subscribe, seal, and deliver the said deed, with an intention thereby to renounce, give up, and for ever quit-claim, her right of dower and thirds, and all her other interest ofj in, and to the lands or tenements therein mentioned. In witness, &c. ILLINOIS. {Ag in Alabama to*'\ and severally acknowledged that they exe- cuted the same ; and the said M., on an examination separate and apart from her husband, having had the contents thereof fully made known to her by me, acknowledged that she executed the same, and relinquished her dower to the lands and tenements therein mentioned, voluntarily, freely, and without any compulsion of her said husband. In witness, &c. ^ INDIANA. [As in Alabama to *] and severally acknowledged the foregoing instrument to be their act and deed ; and the said M., on a private examination, separate and apart from, and without the hearing of her husband, I having first freely made known to her the contents and purport thereof, acknowledged to me that she executed the same of her own free will and accord, and without any coercion or compulsion from her said husband. In witness, &c. IOWA. [As in Alabama to *] as parties thereto, and acknowledged that they executed and delivered the same, as their voluntary act and 38 ACKNO-WLEDGMENT, deed for the uses and purposes therein contained ; and the said M., on a separate examination apart from her husband, having been by me first made acquainted with the contents of said con- veyance, acknowledged that she executed the same and relinquished her dower in the lands therein described, freely and without any compulsion from, or influence of her said husband. In witness, &c. KENTUCKT. [As in Alabama to *] and severally acknowledged that they exe- cuted the same ; and the said M., on an examination by me, privily and apart from her husband, declared that she did freely and will- ingly seal and deliver the said conveyance, which was then by me shown and explained to her, and that she wished not to retract it, and acknowledged it to be her act, and consented that it might be recorded. In witness, &c. LOUISIANA. Form of Acknowledgment hy Husband and Wife. State of New York, \ City and County of New York, / **• Before me, John Livingston, a Notary Public and Commissioner of the State of Louisiana in and for the City and County of New York, aforesaid, duly commissioned and qualified, personally came and appeared Mistress L. E. P., widow of the late J. R. S., and now wife of H. P., formerly of the City of New Orleans, but at present residing in the City of New York, who declared that by an act passed before Hilary Briton Cenas, a Notary Public in the said City of New Orleans, on the tenth day of January, A. D. one thousand eight hundred and fifty-one, her said husband, the said H. P., mortgaged unto F. V. V. Guizot, four certain lots of ground, together with the buildings and improvements thereon, situate in the municipality number "two," of the said City of New Orleans, in the square bounded by I., Gr., F., and L. streets, and designated by the numbers "one" "two" "three" and "four" on a plan drawn by H. M., Surveyor, on the 31st day of January, 1846, and dieposited in the oflSce of William Christy, late a Notary Public in the said City of New Orleans ; which mortgage was granted as aforesaid, for the purpose of securing the full and faithful pay- ment of the sum of fifteen thousand dollars ($15000), together with interest at the rate of eight per cent, per annum, amount of a loan of money made by the said Guizot to her said husband, and for which the latter furnished his promissory notes, payable in one, two, and three years frotii the said tenth day of January, A. D. one thousand eight hundred and fifty-one, as explained in the said act of mortgage, of a copy of which she, the said ippearer, ACKNOWLEDGMENT. 39 ackn(»wledges to have taken due cognizance. And whereas, by another act, also passed before the said Notary (the said Cenas) on the said tenth day of January, A. D. one thousand eight hundred and fifty-one, her said husband sold and conveyed unto the said Guizot, a certain lot of ground, together with the buildings and improvements thereon, situate in the suburbs ■ Delord, in the mu- nicipality number "two," of the City of New Orleans, in the square bounded by D., A., P., and E. sn-eets, and designated by the number " five," on a certain plan drawn by W. T. T., Sur- veyor, under date of the seventh day of January, 1845, and de- posited in the office of the said Cenas, Notary, for reference, which sale was made for and in consideration of the sum of nine thousand nine hundred dollars payable in cash, as expressed in the said act of sale, of a copy of which she, the said appearer, has also taken due cognizance. Now, therefore, she, the said Mistress P., did thereupon declare unto me, Notary, that it is her wish and intention to release in favor of the said P. V. V. Guizot, the property above described from the matrimonial, dotal, paraphernal and other rights, and from any claims, mortgages, or privileges to which she is, or may be, entitled, whether by virtue of her marrriage with her said hus- band or otherwise. Whereupon, I, the said Notary, did inform the said Mistress P., verbally, apart and out of the presence and hearing of her said husband, and before receiving her signature, that she had by the laws of the said State of Louisiana a legal mortgage on the property of her said husband : — First, for the restitution of her dowry, and for the reinvestment of the dotal property sold by her husband, and which she brought in marriage, reckoning from the celebration of the marriage ; secondly, for the restitution aiid re- investment of the dotal property by her acquired since marriage, whether by succession or donation, from the day the succession was opened or the donation perfected ; thirdly, for nuptial presents ; fourthly, for debts by her contracted with her said husband ; and fifthly, for the amount of her paraphernal property alienated by her, and received by her said husband, or otherwise disposed of foi' the individual interest of her said husband. And the said Mistress P. did thereupon declare unto me. No- tary, that she was fully aware of and acquainted with the nature and extent of the matrimonial, dotal, paraphernal, and other rights and privileges thus secured to her by law on the property of her said husband, and that, availing herself of the rights secured to her by the second section of an act passed by the legislature of the said State of Louisiana, authorizing wives to make vahd renmjMations, &c., approved on the twenty-seventh day of March, A. D. one thou- sand eight hundred and thirty-five, she nevertheless did persist in her intention of renouncing, not only all the rights, claims, and privileges hereinbefore enumerated and described, but all others 40 ACKNOWLEDGMENT. of any kind or nature -whatsoever, to which she is, or may he, en- titled by any laws now or heretofore in force in the State of Lou- isiana. And the said H. P. being now present aiding and authorizing his said wife in the execution of these presents, she, the said wife, did again declare that she did and doth hfereby make a formal renunciation and relinquishment of all her said matrimonial, dotal, paraphernal, and other rights, claims,*and privileges., in favor of the said F, V. V. Guizot, binding herself and her heirs at all tijnes to sustain and acknowledge the validity of this renunciation. Thus done and passed at the said City of New York, in the pre- sence of and , competent witnesses, who hereunto sign their names, together with the said parties and me, the said Notary, on this tenth day of February, A. D. one thousand eight hundred and fifty-two. JOHN LIVINGSTON, Commissioner for Louisiana, (Commissioner's Seal.) [Witnesses and parties sign here.] MAINE. [J.S in Alabama to *] and acknowledged that they did sign and seal the same as their &ee act and deed. In witness, &c. MARTLAND. [J-8 in Alabama to *] and acknowledged that they executed the same ; and the said M. having been by me first privately examined, out of the presence and hearing of her husband, declared that she did execute and acknowledge the same freely and voluntarily, and without being induced to do go by fear or threats of, or ill usage by her said husband, or by fear of his displeasure, and then and there in my presence did sign and seal the same, out of the presence and hearing of her husband. In witness, &c. MASSACHUSETTS. [As in Alabama to *] and acknowledged that they did sign and seal the same as their free act and deed. In witness, &e. MICHIGAN. [As in Alabama to *] and acknowledged that they had severally executed the within instrument for the uses and purposes therein mentioned ; and the said M., on a private examination, apart from her husband, acknowledged that she executed the within instrument freely, and" without fear or compulsion from any one. In witness, &c. ACKNOWLEDGMENT. 41 MISSISSIPPI. \_As in Alabama to *] and severally acknowledged the same to be their voluntary act and deed for the uses and purposes therein mentioned. And the said M. did, moreover, on a private exami- nation made of her by me, apart from her husband, acknowledge that she signed, sealed, and delivered the same as her voluntary act and deed, freely, without any fear, threats, or compulsion of her said husband. In witness, &c. MISSOTTKI. [J.S in Alabama to *] and acknowledged that they executed the same for the purposes therein mentioned ; and the said M., being by me examined apart from her husband, and made fully acquainted with the contents of the foregoing deed, acknowledged that she executed the same, and relinquished her dower in the real estate therein mentioned, freely and without fear, compulsion, or undue influence of her said husband. In witness, &c. NEW HAMPSHIUB. [As in Alabama to *] and acknowledge that ihej did sign and seal the same as their free act and deed. In witness, &c. NEW JERSEY. [As in Alabama to *] and having first made known to them the contents thereof, they acknowledged that they executed the same ; and the said M., on a private examination apart from her husband, acknowledged that she signed, sealed, and delivered the same as her voluntary act and deed, freely, and without any fear, threats, or compulsion of her husband. In witness, &c. NEW YORK. [As in Alabama to *] and acknowledged that they executed the same ; and the said M., on a private examination, separate and apart from her husband, acknowledged that she executed the same freely, and without any fear or compulsion of her said husband. In witness, &c. NORTH CAROLINA. [Ag in Alabama to *] and acknowledged the execution thereof, she, the said M., having been first examined by me privately and apart from her husband, the said G. W. L., touching the execution thereof, and it appearing that she executed the same freely, and of 42 ACKNOWLEDGMENT. ber own accord, without fear or compulsion of the said G. W. L., her husband, and that she does voluntarily assent thereto, let it be registered. In witness, &c. OHIO. lAs in Alabama to*"] and severally acknowledged that they did sign, seal, and acknowledge the foregoing conveyance as their free act and deed ; and the said M., on an examination separate and apart from her husband, I having first read over and made known to her the contents of the foregoing deed, did declare that she did voluntarily sign, seal, and acknowledge the same, and that she was still satisfied therewith. In witness, &c. > '-^ ■ '^■■'''-f-i.. >' / f E] EHODE ISLAND. [J.S in Alabama to *] and acknowledged that they executed the same; and the said M., on a private examination, separate and apart from her husband, acknowledged that she executed the same freely, and withotft any fear or compulsioii of her said husband. SOUTH CAEOLINA. Form of Acknowledgment by Husband. [As in Alabama to*, omitting name of Wife] and acknowledged that he did execute said conveyance for the purposes expressed therein. In witness, &c. Form of Achnowhdgmenij by Wife. {As in Alabama to f] M. L., the wife of the within-named G. W. L., and having been privately and separately examined by me, she did declare that she did freely, voluntarily, and without any com- pulsion, dread, or fear of any person or persons whomsoever, re- nounce, release, and for ever relinquish unto the within-named J. J., his heirs and assigns, all her interest and estate, and also all her right and claim of dower, of, in, or to all and singular the premises within mentioned and released. * M. L. In witness, &c. (Commissioner's name and seal.) TENNESSEE. \As in Alabama to*] who acknowledged the within deed for the purposes therein contained. And M., wife of the said G. W. L., having also personally appeared before me, privately and apart from ACKN0WLBD8MBNT. 43 her said husband, acknowledged the execution of the said deed to have been done hj her freely, voluntarily, and understandingly, without compulsion or restraint from her said husband, and for the purposes therein expressed. In witness, &c. TEXAS. l^As in Alabama to *] and acknowledged that they executed the same; and the said M., on a private examination, separate and apart from her said husband, acknowledged that she executed the same freely, and without any fear or compulsion of her said husband. In witness, &:c. VERMONT. [^As in Alabama to *] and acknowledged that they signed and sealed the same as their free act and deed ; and the said M., on a private examination, separate from her husband, declared the same to be her voluntary act, and that it was executed by her freely, and without any fear or compulsion of her husband. In witness, &c. > VIRGINIA. [As in Alabama to *] and whose names are signed to the writing above, bearing date on the fourth day of July, one thousand eight hundred and fifty-two, personally appeared before me, in Ae county aforesaid, and acknowledged the same before me ; and the said M., having been examined by me, privily and apart from her husband, and having the writing aforesaid fully explained to her, she, the said M., acknowledged the said writing to be her act, and declared that she had willingly executed the same, and did not wish to retract it. In witness, &c. WISCONSIN. [As in Alabama to *] and acknowledged the foregoing convey- ance, by them sealed and subscribed, to be their free act and deed.f In witness, &c. t In pursuance of Seesion Laws, 1860, page 328. 44 ACQUITTANCE. AOaUITTANCE. An acquittance is an agreement in writing to discharge a party from an engage- ment to pay a sum of money ; it is evidence of payment. It differs from a release in this, that the latter must be under seal, while an acquittance is not under seal. Poth. Oblig. 781. In Pennsylvania a receipt, (q. v.,) though not order seal, has nearly the same effect as a release. 1 Bawle 391 ; 8 Salt. 298, pi. 2 ; Off. Dif Ex. 217 ; Co. Litt. 212 a 273. But if not under seal, it is necessary to show tjie consi 'aration therefor. 3 P. K. 413 ; 1 Barr, 450. Acquittance for Money received on a Sale of Land. Know all men by these presents, that I, John Jones, of Erie, in the County of Erie and State of Pennsylvania, do hereby acknow- ledge myself, upon the day of the date hereof, to have received of William BurnSj of Concord, county and state aforesaid, the sum of one hundred dollars, being the last payment, and in full, of five hundred dollars by him paid as the consideration of the purchase of a certain tract of land, situate in Concord aforesaid, and bounded by lands of ", coHtaiiiing fifty acres of land, be the same more or less, and by m'e the said John Jones sold and conveyed to the said William Burns. And of th« said whole sum of five hundred dollars, and every part and parcel thereof, I, the said John Jones, do by these presents, for me, my heirs, executors and administra- tors, acquit and discharge the said William Burns, his heirs, execu- tors and administrators forever. In testimony whereof, I have hereunto set my hand, this tenth day of January, A. D. 1852. John Jones. Acquittance for Money received in part of a Bond. Received, the first day of January, A. D. 1852, of William Burns, the sum of one hundred dollars in part payment of the sum of five hundred dollars, due to me by the said William Burns, on his bond dated the first day of January, A. D. 1851. John Jones. Acquittance for Interest due on' a Bond. Received, the tenth day of January, A. D. 1852, of William Barns, sixty dollars in full, for one year's interest of one thousand dollars, diie to me the tenth day of January, A. D. 1852, on bond of the said William Burns, dated the tenth day of January, A. D. 1851. John Jones. Short Form of Acquittance for Money received on a Sale of Land. Received, Philadelphia, January 1st, A. D. 1852, from C. D., the sum of four hundred dollars, being the last payment, and in full of the sum of four thousand dollars, the consideration money of a certain tract of land situate in the of and sold by me to the said C. D., as per articles of agreement, dated the day of , A. D. one thousand eight hundred and forty-eight. * John Dob. ADMIRALTY COUETS. 45 ADMIEALTT COUBTS, (Forms for Proceedings in.) AsMiKALTT 19 a jurisdiction which takes cognizanoe of all maritime causes and contracts, and damages or injuries upon the sea or waters navigable therefrom, within the ebb and flow of the tide. In the case of Fitzhugh v. The Genesee Chief, 12 Howard, 469, Chief Justice Taney, after commenting on the prior deci- sions making the ebb and flow of the tide boundaries of the admiralty, jurisdiction, says : " As we are convinced that the farmer decision was founded on eri'or, and that erroj', if not corrected, must produce serious public as well as private incon- venience and loss, It becomes our duty not to perpetuate it." This decision, therefore, changes the law on this subject ; but Mr. Justice Daniel, in delivering a dissenting opinion, denies its correctness, and "consoles himself" (p. 465) "with the support of Marshall, Eent, and Story-" The Constitution of the United States has conferred upon the Courts of the Na- tional Government cognizance " of all cases of admiralty and maritime jurisdiction." The Act of Congress of September 24th, 1789, has given the District Courts of the United States " cognizance of all civil causes of admiralty and maritime jurisdic- tion," including all seizures under laws of imposts, navigatiah, or trade of the United States, where the seizures are made on waters navigable from the sea, by vessels of ten or more tons burden, within their respective districts, as well as upon the high seas ; and by an Act passed on the 26th February, 1846, Congress has extended the jurisdicH^ion to similar cases arising upon the lakes and navigable waters connecting the same. (See 1 Conklin's Admiralty, 3 ; 12 Howard's U. S. K. 443, &c.) For further information, see Dunlap's Admiralty Practice ; Betts's Adm. Practice ; Hall's Adm; Pr. ; 1 Kent's Com. 353 to 380 ; 2 Gall. E. 398 to 476 ; 2 Chit. Pr. 608; Bac. Ab. Courts of Adm. ; 1 Story's L. U. Si 66, 60; 2 do. 906; 8 do. 1564, 1696 ; 4 Sharswood's Con. of Story's L. U. S. 2262 ; 1 U. S. Dig. tit. Admiralty Courts ; Benedict's Admiralty, and other works on that subject. The admiralty jurisdiction has been, of late, so much expanded by the decisions of the Federal Courts, as to make the practice of those tribunals of great consequence. . The case of Taylor v. Carry!, now (February, 1857), pending before the Supreme Court at Washington, will settle questions of law of vast importance. It, perhaps more than any other case, will determine the relation, powers, and authority of the State and Federal Courts, and of the efficacy of process, sale, &c., when issued by State Courts. This case is known as Taylor- ». The Koyal Saxon, 1 Wallace, Jr., 311, and Taylor t>. Caryl, 12 Harris, 259. In 1 Wallace, Jr., 311, Justice Grier decided that "a sale of a vessel by order of a Court in Pennsylvania, under the foreign attachment law of that State, does net divest a lien in the admiralty for seamen's wages which may accordingly be enforced in the latter Court. The Supreme Court of Pennsylvania, on the other hand, 12 Harris, 269, decided, 1st. A writ of foreign attachment issued from the Supreme Court of Pennsyl- vania, and first laid upon a vessel, was not divested by a subsequent proceeding in rem in the United States Admiralty Court for mariner's wages. 2d. The mariners might have submitted to the State Court their claim to pay" ment out of the proceeds of sale made subsequent to their proceeding in admiralty, their claims against the vessel being discharged by snch sale, which was not made specially subject to their claims ; and they might have intervened in the State Court for the protection of their interests. 3d. Either of the said Courts, by amicable arrangement between them, might have directed a sale of the vessel and payment of the mariner's ^slaims ; and the surplus might have been retained, or ordered into the other Court for further die- tribution. It will be at once seen that these two decisions are in direct conflict. 46 ADMIRALTY COUKTS. Libel for Mariner's Wages, with Answer. United States of America, Eastern District of Pennsylvania, «s. To the Sonorahle John K. Kane, Judge of the District Court of the United States, in,, and for the Uastern District of Pennsyl- vania. The libel and complaint of A. B., of , late mariner of the ship , whereof C. D. now is or late was master, against the said ship, her tackle, apparel, and furniture, and against all persons lawfully inte'rvening for their interest therein, in a cause of subtraction of wages, civil and maritime.* And thereupon the said A. B. alleges and articulately propounds as follows : First. That in the month of , in the year of our Lord eighteen hundred and , the said ship , whereof the said C. D. was master, being at the port of , and destined on a voyage from thence to , he, the said 0. D., by himself or his agent, on the high seas and withm the ebb and flow of the tide, and within the admiralty and maritime jurisdiction of the United States and of this honorable Court, did ship and hire the libellant to serve as a mariner on board the said ship, for and during said vc/yage, at the rate of wages of per month, as schedulate ; and that for the due performance of the said voyage, the libellant signed and duly executed certain articles of agreement commonly called the shipping or mariners' articles, which are now in the pos- session of the said 0. D., master [or owner] of the said ship, and which he prays may be produced for further certainty in the 'pre- mises and for the benefit of the libellant. f That, in pursuance thereof, on or about the ; — day of , he, the libellant, went on board and entered into the service of the said ship as sucl mariner, as aforesaid. Second. That the said ship, having taken on board a cargo of divers goods and merchandize for the voyage, proceeded therewith, and with the libellant on board, for the port of , and there safely arrived on or about , and delivered her cargo and made freight ; and that the libellant continued on board and in the service of the said ship until the day of , when the * If the libel be in personam, it should oommenoe as follows : " The libel and complaint of A. B., of , late mariner of the ship , whereof C. D., of , now is or lately was master [or owner, as the case may be], against the said C D., in cause of subtraction of wages, civil and mari- time," &o. If the libel be in personam and in rem, it should commence as follows : " The libel and complaint of A. B., of , late mariner of the ship , whereof C. D., of , now is or lately was master [or owner, as the case may be], against the said ship, her tackle, apparel, and furniture, and also against the said G. D., in a cause of subtraction of wages, civil and maritime," &o. A corresponding variation should take place in the conclusion of the libel. f See Act of Congress, cap. 66, [29,] \ 6, by which the master is obliirftrt to pro- duce the contract and log-book, if reauirpd ADMIRALTY COUKTS. 47 6aid voyage, for wMoh he had so engaged, was duly ended, and he was discharged from such service by the said C. D., the master, Third. That during the whole time he was in the service of the said ship, to wit, from the time when he went on board thereof to the time of his discharge therefrom as aforesaid, he well and truly performed his duty as a mariner on board the said ship, ac- cording to his best ability, and was obedient to all the lawful com- mands of the said master and the other officers of the said ship, and well and truly deserved and is entitled to the wages in the schedule hereunto annexed, amomitiiig to the sum of . Fourth. That the said ship is now within the Eastern District of Pennsylvania. Fifth. That all and singular the premises are true, and within the admiralty and maritime jurisdiction of this honorable Court, in verification whereof, if denied, the libellant craves leave to refer to the depositions and other proofs to be by him exhibited in this cause. ^ Wherefore the libellant prays that process, in due form of law, according to the course of Courts of Admiralty, and qf this honor- able Court in causes of admiralty and maritime jurisdiction, may issue against the said ship, her tackle, apparel, and furniture, wheresoever the same shall be found, and that all persons having or pretending to have any right, title, or interest therein, may he cited to appear and to answer upon oath* all and singular the matters so articulately propounded ; and that this honorable Court would be pleased to pronounce for the wages aforesaid, and for such other relief to the libellant as shall to law and justice appertain, and also to condemn the said ship, her tackle, apparel, and furniture, and the party intervening therefor in costs, f (Signed) A. B., Libellant. B. F., Proctor. Eastern District of ^Pennsylvania, ss. , 18 — . tSworn to by the libellant before me. THOMAS L. KANE, Clerk of Dist. Court U. S. «In regard to requiring the answer to be on oath, see Donlap's Admiralty Practice, p. 122. t If the libel be in pertonam, it should conclude as follows : " Wherefore the libellant prays that process, in due form of law, according to the course of Courts of Admiralty, and of this honorable Court in causes of ad- miralty and maritime jurisdiction, may issue agaiml the said C. D., and that he may be required to answer upon oath all and singular the matters so articulately propounded; and that this honorable Court would be pleased to pronounce for the wages aforesaid, and for such other relief to the libellant as shall to law and iustice appertain, and also to condemn the said C. D. in costs." X The libel must be sworn to before the Judge or Clerk of the Court, or a U. S. Commissioner. If sworn to before an Alderman or Justice of the Pence, it will not be received. This applies to all libels in Admiralty. *o ADMIRALTY COURTS. Schedule annexed. Wages due to A. B., from to — — , being months days, at the rate of per month, $ Out of which he has receiTed, including hospital dues, $ Sum due $ Answer. United States of America, Eastern Disfrict of Pennsylvania, ss. To the Honorable John K. Kane, Judge of the District Court of ■ the United States, in and for the Sastern District of Pennsyl- vania. And now C. D., of , intervening for his interest in the ship , appears before Ais honorable Court, and for answer to the libel and complaint of A. B., of , against the said ship, and against all persons lawfully intervening for their inter e^ therein, allegjs and articulately propounds as follows :* First. That the respondent now is^ the owner of the said ship , and also was the owner of the same during the time the said A. B. belonged thereto, and that the said A. B. was duly hired to serve on board the said ship for the voyage, as in the first article in the said libel is propounded ; the articles of agreement for which voyage, signed by the said A. B., the respondent doth herewith pro- duce in courtj according to the prayer in the said first article. Second. That the said ship , having taken on board a cargo of divers goods and merchandise for the voyage, proceeded therewith for the port of , and there safely arrived and de- livered her cargo, and made freight, as in the second article in the said libel is propounded. Third. That whilst the said — ■ was at the port of , the said A. B., &c., [here state the bad conduct of the libellant, amounting to mutiny or desertion, or other ground of forfeiture of wages, and such other matter showing that the shipping articles were substantially broken, and also any other matters calculated to support and establish the defence.] Fourth. That all and singular the premises are true and within the admiralty and^maritime jurisdiction of this honorable Court, in verification whereof, if denied, the respondent craves leave to refer to the depositions and other proofs to be by him exhibited in this cause. * If the proceeding be in personam, the answer should commenee thus : "And now 0. D., of , master [or owner, as the ease may be'] of the ship , appears before this honorablei Court, and for answer to the libel and complaint of A. B., of , against him, the said C. D., alleges and articulately propounds aa follows : " First. That the respondent was the master [or owner] of the said ship — ditriug the time the said A. B. belonged thereto," &c. ADMIKALTY COURTS. 49 Wherefore the respondent prays that this honoiable Court would be pleased to pronounce against the libel aforesaid, and to condemn the libellant in costs, and otherwise right and justice to administer in the premises. (Signed) C. D. I. J.J Proctor. Eastern District of Pennsylvania, s«. , 18 — . *Sworn to by the respondent before me. THOMAS L. KANE, Clerl ofDist. Court U. S. Libel in a Cause of Personal Damage, with 4~nswer. United States of America, Eastern District of Pennsylvania, ««. To the Sbnorable John K. Kane, Judge of the District Court of the United States, in and for the Hastern District of Pennsyl- vania. The libel and complaint of John Smith, of Philadelphia, in the dis- trict aforesaid, late a mariner on board the ship Venice, whereof James Brown, of the said Philadelphia, now is or late was mas- ter, against the said James Brown, in a cause of damage, civil and maritime. And thereupon the said John Smith alleges and articulately propounds as follows : First. That in May, 1851, the ship Venice, whereof the said James Brown was then master, being in the port of Philadelphia, and bound on a voyage to China, the said James Brown did, on the high seas, and within the ebb and flow of the tide, and within the admiralty and maritime jurisdiction of this honorable Court, by himself or his agent, ship and hire the libellant to serve as sea- man on board of the said ship for and during the said voyage ; and the said ship having taken on board her complement of officers and crew, did, on or about the day of the said month of May, proceed thereon with the libellant on board ; and having been to China, returned to the port jDf Philadelphia aforesaid, with a full ship in the month of April last. Second. That during the whole time the libellant continued on board the said ship, he did well and truly perform his duty on board her, and was obedient to all the lawful commands of the said James Brown, the master, and others his superior officers on board the said ship. Third. That during the time of the said voyage, and while the ship was lying off Whampoa, in China, (to wit) on the high seas, and within the ebb and flow of the tide and within the admiralty and maritime jurisdiction of this honorable Court, on the 4th day of October, 1851, whilst the libellant was in the fore-hold handing; * The answer must be sworn to in same manner as the libel. See note, p. 48, 4 60 ADMIRALTY COURTS. up billet-wood, Jacob Johnson, the third ofScer on board the said ship or vessel, charged him with not working. 60 well as he could, nor so fast as another seaman of the name of Thomas Robb. That the libellant replied, " that Thomas Robb worked too fast to last long," or he made use of words to that or the like efiFect ; when the said Jacob Johnson immediately made complaint to Mr. Snowden, the chief ofScer, that the libellant had been, very impertinent toi him ; whereupon, and for no other cause whatever, Mr. Snowden then ordered him to be taken from his duty and placed^ below in irons, where he continued until the 12th of October. That, upon the said James Brown coming on board the ship, (from which he \ \ had been absent the whole of the before-mentioned period,) he im- mediately, upon the complaint being, made to him by the said Snow- den, and without hearing the libellant in his defence, ordered him to the gangway and caused him to be flogged with three dozen lashes; and, although the libellant most humbly and repeatedly urged the said James Brown for some water to allay the thirst and fever that he then suffered from the punishment and previous im- prisonment, he, the said James Brown,^bsolutely refused to let the steward give him any, nor would he permit the mate to give the libellant an ointment or lotion to apply to his back ; but ordered him in his fainting and exhausted state to return to his duty. That the libellant, in consequence of the flogging aforesaid, suffered ex- treme pain and was greatly injured thereby. Fourth. That the libellant, by reason of the said cruelty and violent assault which he suffered by the act of the said James Brown, as before pleaded, has sustained a damage to the amount of two thousand dollars. Fifth, That all and singular the premises are true, and within the admiralty and maritime jurisdiction of this honorable Court, in verification whereof, if denied, the libellant craves leave to refer to the depositions and other proofs to be by him exhibited in this cause. Wherefore, he prays that process, in due form of law, according to the course of courts of admiralty and of this honorable Court in causes, of admiralty and maritime jurisdictioTi, may issue against the said James Brown, and that he may be required to answer upon oath all and singular the matters so articulately propounded, and that this honorable Court would be pleased to pronounce for the damages aforesaid, and for stlch other relief to the libellant as shall to law and justice appertain, and also to condemn the said James Brown in costs. ' (Signed) John Smith, LibeUant. A. B., Proctor. Eastern District of Pennsylvania, «s. May 8, 1852, Sworn to by the libellant before me, THOMAS L. KANE, Clerk of List. Court U. 8. ADMIRALTY COTJKTS. 51 Angwer. United States of America, Eastern District of Pennsylvania, ««. To the Sonorahle John K. Kane, Judge of the District Oourt tf the United States, in and for the Eastern District of Pennsyl- vania. And now James Brown, of Philadelphia, in the said district, late master of the ship Venice, appears before this honorable Court, and for answer to the libel and complaint of John Smith, of the said Philadelphia, late mariner on board the said ship, against him, the said James Brown, alleges and articulately propounds as follows : First. That the libellant was duly shipped and hired to serve as a seaman on board the said ship Venice, for and during a voyage to China and back again : and that the said ship, with the libellant on board, proceeded on the said voyage, and, having been to Chma, returned to the port of Philadelphia, as is alleged in the first article of the said libel. • Second. That the libellant did not, during the whole time he continued on board the Venice, that is to say, from May, 1851, until April, 1852, well and truly perform his duty on board the ship, nor was he obedient to all the lawful commands of the re- spondent, the master, and others the officers on board the said ship, as in the second article of the libel is falsely alleged and pleaded. On the contrary, that the libellant frequently neglected to perform his duty, -particularly during his watch ; that he was disobedient, and refused or neglected to obey the lawful commands of the mas- ter, and others the officers on board the ship, and treated them with great insolence and contempt, and was frequently reprimanded for sach conduct ; that on such occasions he made insolent and irri- tating replies, and said he was only on board " a bloody merchant- man," and made use of many other expressions to that or the like effect. Third. That on the 4th of October, 1851, the libellant, having been ordered to assist in the Ijanding some biUet-wood from the fore-hold unto the deck of the ship, was idle and inattentive in the performance of such duty, and in receiving the wood from one per- son and handing it to another, and thereby greatly impeded and delayed the performance of the said duty ; that Jacob Johnson, the third officer or mate of the ship, who was superintending the per- formance of the work, several times remonstrated with him on his conduct, and desired him to be more diligent ; but the libellant re- plied with great insolence and said, that he should take it easy, there was plenty of time, that he should not hurry himself, or to that effect : that the man who handed wood to the libellant several times complained of his insolence, by which he was frequently kept with a billet in his hand, waiting until the libellant, who had deli- 52 ADMIRALTY COURTS. vered the preceding billet and was standing idle, chose to receive the billet from him ; and, the said Jacob Johnson, observing such man standing with a large billet in his ha,nds, and the libellant standing idle, he ordered the libellant to take the billet from such man, to which he insolently replied, that " he would be damned if he would," or words to that effect, and made use of other violent expressions, and treated the said Jacob Johnson with great inso- lence and contempt, whereupon the said Jacob Johnson made a faithful representation of such conduct to Robert Snowden, the chief officer, the respondent being then on shore at Canton, on the necessary concerns of the ship ; that the said Robert Snowden or- dered the libellaiHt to be confined in irons, which was accordingly done, and he, by letter, informed the respondent of the aforesaid circumstances, who ordered a court of inquiry to be held, and on the next day, the said Robert Snowden, and the second, third, and fourth officers of the ship assembled, and in the presence of the libellant examined witnesses as to his conduct, and heard him in his defence ; and, it cle^ly appearing from the testimony of the witnesses that the libellant had refused to obey the orders of the said Jacob Johnson, and had conducted himself in a mutinous man- ner, they were of opinion that he was deserving of punishment ; and therefore he was continued in confinement until the respondent returned to the ship ; and having returned on the 12th day of said month, and the conduct of the libellant, and the proceedings of the said court of inquiry, and the evidence given, having been represented to him, he directed that the libellant should receive thirty-six lashes as a punishment, and the same was accordingly inflicted on the same day ; that after the libellant had received one or two lashes, he admitted that he had been very insolent to the said Jacob Johnson, and asked to be forgiven ; that the libellant did not suffer any fever from his aforesaid confinement ; nor did he at the time he was so punished as aforesaid, m-ge the respondent to let him have some water ; nor did the respondent refuse to let the steward give him any, as in the third article of the said libel is falsely allege'd and pleaded ; and the punishment of the libellant was necessarily inflicted for the sake of example, and to preserve due discipline on board the ship ; that the respondent did not re- fuse to permit the mate to give the libellant any ointment or lotion for his back ; nor was the libellant in a fainting or exhausted state ; nor did he suffer extreme pain ; nor was he injured in consequence of the punishment he received, as in the said Ubel is falsely alleged and pleaded. Fourth. That all and singular the premises are true, in verifica- tion whereof, if denied, the respondent craves leave to refer to the depositions and other proofs to be by him exhibited in this cause. Wherefore the respondent prays, that this honorable Court would be pleased to pronounce against the libel aforesaid, and to ADMIRALTY COURTS. 53 condemn the libellant in costs, and otherwise right and justice to administer in the premises. . (Signed) Jambs Brown, [the Respondent.) C. D. Proctor. Eastern District of Pennsylvania, ss. • May 11, 1852. Sworn to by the respondent before me, THOMAS L. KANE, Qlerh Dist. Court U. 8. Another Libel in a Cause of Personal Damage. United States of America, Eastern District of Pennsylvania, ss. To the HonorahU John K, Kane, Judge of the District Court of the United States, in and for the JUastern District of Pennsyl- vania. The libel and complaint of John Andrews, of Philadelphia, in the district aforesaid, late a mariner on board the ship Langdon Cheves, whereof William Green, of the said Philadelphia, now is or late was master, against the said William Green, in a cause of damage, civil and maritime. And thereupon the said John Andrews alleges and articulately propounds as follows : First. That the said ship, called the Langdon Cheves, whereof the said William Green was master, being in the month of , in the present year of our Lord, at Charleston, in South Carolina, and destined on a voyage from thence to the port of Philadelphia, he, the said William Green, upon the high seas and within the ebb and flow of the tide, and within the admiralty and maritime juris- diction of this honorable Court, did hire the libellant to serve as a mariner on board the said ship during her passage to Philadelphia aforesaid ; and that the said ship, having taken in a cargo of goods and merchandises for the voyage aforesaid, did, on or about the day of , proceed from Charleston aforesaid, with the libellant on board, for Philadelphia, where she safely arrived on or about the : And that during the whole time of the said voyage, or run, the libellant did well and truly perform his duty as a mariner of the said ship (excepting only while he was rendered incapable of performing the same by the cruel usage of him, the said William Green, as hereinafter more particularly pleaded,) and was obedient to all the lawful commands of the said William Green, the master, and the other officers on board the said ship. Second. That while the said ship Langdon Cheves was on her passage from Charleston to Philadelphia, as aforesaid, to wit, on or about the day of , the libellant being busy in setting the square sail of the said ship, the said William Green, without any provocation, did, upon the high seas and within the 64 ADMIRALTY COUETS. ebb and flow of the tide, and -within the admiralty and maritime jurisdiction of this honorable Court, with his fist clenched, strike the libellant a blow on the h«ad, which knocked him down, and that then the said William Green did with his feet, with great force and violence, kick the libellant several times, whereby he was dangerously hurt and bruised. Third. That while the said ship was on her aforesaid, passage, to wit, on or about the day of ■■ — , the libellant being at work on board the said ship, and having hold on the cable thereof, the said William 'Green, without any reasonable cause or provocation, did, upon the high seas and within the ebb and flow of the tide, and within the admiralty and maritime jurisdiction of this honorable Cpurt, with a large handspike, with great force and violence strike the libellant on his right arm, and thereljy bruised his said arm very severely and put him in great pain and sufiering. Fourth. That while the said ship was off Cape Henry, on the passage aforesaid, he, the said Williato 'Green, did, upon the high seas and within the ebb and flow of the "tide, and within the ad- miralty and maritime jurisdiction of this honorable Court, with his fist (ilenched, without any just cause or provocation, strike the libellant on his left ear with great force and violence, and thereby knocked him down and caused blood to gush froili his ears, nose and mouth ; that the libellant was therefore deprived of his senses or power of motion for several minutes, and rendered incapable of performing any kind of service for many hours. ' Fifth. That during the whole time of the aforesaid voyage, the said William Green behaved with grestt crtielty and inhumanity towards the libellant, on the high seas and withitt the ebb and flow of the tide, and within the admiralty and maritime jurisdiction of this honorable Court, frequently attempted to throw the libellant overboard, and threatened to cut his throat, and many times, to wit, 'On days of the month df , did, without any reasonable cause or provbcation, violently beat, kick, and ill treat the libellant, whereby he was put in great feaT anddanger of hislife. Sixth. That by reason ot the cruelty exercised by the said William Green on the person of the libellant, as pleaded and set forth in the second, third, fourth, and ^i( A articles of this libel, the flesh of the libellant became almost totally discolored, and he had therein many severe and dangerous bruises and contusions, and he became very v^eak, and his constitution was so much impaired and injured, that he has not yet recovered his former health and strength. Seventh. That by the cruelty and repeated ill usage, which the libellant received from the said William Green, as hereinbefore pleaded and set forth, the libellant was and is damnified in the sum of two thousand dollars. Eighth. That all and singular the premises are true, and within the admiralty and maritime jurisdiction of this honorable Coiurt, ADMIRALTY OOUKTS. 65 in verification whereof, if denied, the libellant craves leave to refer to the depositions and other proofs to be by him exhibited in this cause. [Conclusion the same as in the libel, p. 50.] Libel for Collision, with Claim and Answer, United States of Ameriea, Eastern District of Pennsylvania, ss. To the Sonorable John K. Kane, Judge of the District Court of the United States, in and for the Eastern District of Pennsyl- vania. The libel and complaint of Richard Jones, Anthony Simms, and "William Potter, of Philadelphia, in the district aforesaid, mer- chants and co-partners, doing business under the name of Richard Jones and Company, owners of the ship Lehigh, (whereof Augustus Kemper now is or lately was master,) her tackle, apparel, and furniture, against the ship Saranak, {whereof Andrew Stevenson now is or lately was master,) her tackle, apparel, and furniture, and against all persons lawfully inter- vening for their interest therein,* in a cause of collision, civil and maritime. And thereupon the said Richard Jones, Anthony Simms, and WUliam Potter allege and articulately propound aa follows : First. That in the month of December, 1850, the said ship Le- high, whereof Augustus Kemper now is and then was master, was at the port of Calcutta, in the East Indies, and destined on a voy- age from thence to the port of Philadelphia, with a lading of East India goods to the amount of $100,000 in value, or thereabouts ; and was at that time a tight, staunch, and well-built vessel, of the burthen of four hundred tons or thereabouts ; and was then com- pletely rigged and sufficiently provided with tackle, apparel, and furniture ; and then had on board and in her service twenty-five maTiners, or thereabouts, which was a full complement of hands to navigate the said ship on the voyage above mentioned. Second, That in the said month of December, 1850, the said ship, provided and manned as aforesaid, sailed from the port of Calcutta on her aforesaid voyage to the port of Philajdelphia, and, in the prosecution of her said voyage, arrived in the river Delaware, off the city of Philadelphia, on or about the 5th day of May, 1851, and was there safely moored ; and that it being about ten o'clock in the evening of the 5th day of May, 1851, within the ebb and flow * The above form is, proper if the proceeding be entirely in rem. If it be m personam, the form should be as follows : against A. B., of the said Philadelphii, merchant, owner of the ship Saranak," &o. If it be in rem and in personam, the form should be as follows : " against the sh/ip Saranak, her tackle, apparel, and furniture, (whereof Andrew Stevenson now is or lutein/ «"" master,) and against A. B., of the said Philadelphia, merchant, owner of the said ship, and also against all persons lawfully intervening fo t their interest in the said ship," &c. 56 ADMIKALTY COUKTS. of the tide, and within the admiralty and maritime jurisdiction — this honorable Court, at her aforesaid moorings, John Thomas, the first mate of the said ship Lehigh, who then had the watch and was the commanding officer on deck, and that part of the crew, ■which composed the said watch, observed the said ship Saranak, whereof the said Andrew Stevenson was then master, of the burthen of six hundred tons, or thereabouts, with all her sails set, sailing up the said river Delaware towards the said ship Lehigh ; and that there- upon the said John Thomas and others of the crew aforesaid several times with' loud and audible voices called to the crew of the said ship Saranak, and desired them to keep clear of the said ship Le- high, and which they had time and tide enough to do, and might with great ease and safety have done, but which they refused, or at least neglected to do ; and that, notwithstanding the said ship Le- high was then lying at her aforesaid moorings, and could not pos- sibly get out of the way of the said ship Saranak, and notwith- standing there was room sufficient for the said ship Saranak to pass, the crew thereof kept on their course with the wind and tide, and ran their ship, with very great force and violence, foul of and on board the said ship Lehigh, and thereby broke and parted her small bower cable, carried away the bumkin and jib-boom, and damaged her yawl and her standing and running rigging, and otherwise greatly damaged the said ship ; and that, had not the crew immediately and with the greatest expedition possible let go another anchor, the said ship Lehigh must unavoidably have been very soon on shore ; and that the said ship Saranak so continued • foul of and on board the said ship Lehigh for about two hours, and until the ebb cide forced her off. Third. That at the time the damage mentioned in the next pre- ceding article happened, it was impossible for the said ship Lehigh to get out of the way of the said ship Saranak by reason that the former was properly mcored ; that there was room enough for the said ship Saranak to steer clear of and pass by the said ship Lehigh without doing any damage whatever ; and that, if the said i^drew Ste/enson and the rest of the crew of the said ship Saranak had not refused, or at least neglected, to endeavor to keep clear of the said ship Lehigh, as desired by the. said John Thomas and others, as mentioned in the next preceding article, which it was their duty to do, and which they might with ease and safety have done, the afore- said damage would not have happened. Fourth. That the said ship Lehigh, before and at the time of re- ceiving the damage from the said ship Saranak, as hereinbefore mentioned, was a tight, strong, and staunch vessel, and that the libellants then were, and now are, the true and lawful owners of the same, and of her tackle, apparel, and furniture. Fifth. That immediately after the damages mentioned in the second article of this libel happened, several men were employed to bring the said ship Lehigh to her moorings, and to take up her sheet ADMIRALTY COURTS. 57 anchor and bower anchor and part of a cable which had been broken and turned adrift ffom the said ship ; and that the several other damages mentioned in the second article of this libel were repaired by shipwrights and others with all possible despatch, all which cost the sum of three hundred and twenty-five dollars and upwards ; and that by reason of the said ship Lehigh having been run foul of, or run down, as aforesaid, the libellants have sustained damages for the services and repairs aforesaid to the amount of three hundred and twenty-five dollars. Sixth. That the said ship Saranak is now within the EJistern Dis- trict of Pennsylvania. Seventh. That all and singular the premises are true and within the admiralty and maritime jurisdiction of this honorable Court, in verification whereof, if denied, the libellants crave leave to refer to the depositions and other proofs to be by them exhibited in this cause. Wherefore the libellants pray, that process, in due form of law, according to the course of courts of admiralty and of this honor- able Court in causes of admiralty and maritime jurisdiction, may issue against the said ship Saranak^ her tacTde, 'apparel, and fur- niture, and that all persons having, or pretending to have, any right, title, or interest therein may be cited to appear and answer upon oath all and singular the matters so articulately propounded; and that this honorable Court would be pleased to pronounce for the dantages aforesaid, and to decree such other relief to the libel- lants, as shall to law and justice appertain, also to condemn the said ship, her tackle, apparel, and furniture, and all persons intervening for their interest therein, in costs.* (Signed) Richard Jones, Anthony Simms, William Potter, A. B., Proctor. Libellants. Eastern District of Pennsylvania, ss. Sworn to by the said Richard Jones, Anthony Simms, and Wil- liam Potter, before me. THOMAS L. KANE, Olerlc ofBist. Court U. S. Claim by Owner. „. , , T !/->,! ^ In the District Court of the United Richard Jones and Others g,.. ■ „„ . f„, .,„ p.„„.„,„ -n^a. States, in and for the Eastern Dis- m, niT •''*'ci 1 r trict of Pennsylvania. In Admiralty. The Ship Saranak. J pj^^ ^^^j ^^ ^^ritime for collision: And now, Thomas C. Graham, intervening for his interest, appears before the honorable Court and makes claim to the said ship, her tackle, apparel, and furniture, as the same are attached by the * The latter part of this form should be varied according to the nature of the proceeding. See note, p. 47. Richard Jones and Others ns. The Ship Sasanak. 58 ADMIEALTY COURTS. Marshal, under -the process of this Court, at the instance of Richard Jones and others, llbellants for collision, and -the said Thomas C. Graham avers that he was in possession, of the said ship at the time of the attachment thereof, and that he is the true and bona fide owner of the said ship, and that.no other person is the owner thereofl Wherefore he prays to be admitted to defend accordingly. Thomas C. Graham. Sworn and subscribed in open court, this 24th day of February, A. D. 1852. THOMAS L. KANE, aeri ofDist. Court U. S. Where the claim is made by the master of the ship, or agent of the owner, -then the following form is to he used. Oladm hy Master or Bailee. In the District €ourt of the United States, in and for the Eastern Dis- trict of Pennsylvania. In ^-dmiralty. Plea civil et maritime for collision. And now, Andrew Stevenson, master of the ship Saranak, inters vening for the interest of Thomas C. Graham, appears before the honorable Court and makes claim to the said ship, her tackle, appa- rel, and furniture, as the same are attached by the Marshal, unde' process of this Court, at the instance of Richard Jones and others, libellants for collision, and the said Andrew Stevenson avers that hf was in possesion of the, said ship at the time of the attachment thereof, that the said Thomas C. Graham is the true and bona fide owner of the said ship, and that no other person is the owner thereof; and the said Andrew Stevenson is master of the said ship, and the true and lawful bailee thereof for the said owner. Wherefore he prays to be admitted to defend accordingly. Andrew Stevenson. Sworn and -subscribed in open court, this 24th day of February, A. D. 1852. THOMAS L. KANE, Clerk ofDist. Court Tf. S. Answer. United States of America, Eastern District of Pennsylvania, ss. To the EonorableSo^^ K. Kane, Judge of the District Court of the United States, in and for the Eastern District of Fennsyl- ivania. Andnow, Thomas C.Graham, of Philadelphia, in the district afore- said, intervening for his interest in the said ship Saranak, ap- pears before this honorable Court, and for answer to the libd and complaint of Richard Jones, Anthony Simms, and William Potter, all of the said Philadelphia, merchants and corpartners, doing business ' under the name of Richard Jones & Company, against the said ship Saranak, her tackle, apparel, and furni- ADMIRALTY COURTS. 59 tore, and against all persons lawfully intervening for their inte- rest therein, alleges and articulately propounds as follows : First. That the respondent is the true and lawful owner of the ship Saranak, a vessel of six hundred tons or thereabouts, now lying in the port of Philadelphia aforesaid. Second. That the respondent, admitting th* several matters in the first, fourth, and fifth articles of the said libel pleaded to be true as therein alleged, further alleges and propounds, that the mat- ters in the second and third articles of the said libel are in great part falsely alleged, and that the truth is as is hereinafter particu- larly propounded. Third. That the said ship Saranak, being in good order and well and sufficiently equipped and manned, sailed fromi the port of Liver- pool, in England, in the month of April, 1851, bound for the port of Philadelphia aforesaid ; and in the prosecution of her voyage, on or about the 5th day of May, 1851, at seven o'clock in the fore- noon, came in sight of the Cape May light-house; that shortly thereafter, the said ship was boarded by John- Smith, a pUot, ac- customed to conduct and manage ships in the Delaware Bay and River, and to his charge and guidance, as pilot, the said Andrew Stevenson, master, immediately committed the navigation and government of the said ship ; that the said ship having proceeded up the river Delaware until off the town of Chester, which place was reached by six o'clock in the afternoon of the day aforesaid, the said pilot and master consulted together whether it were better to endeavor to get the said ship up to Philadelphia that night, notwithstanding the darkness, or to cast anchor and keep her safely moored tUl the next morning ; that the said pilot strongly advised the endeavoring to get the said ship up to Philadelphia on the might aforesaid, and urged that it was customary with him and other pilots of the said port of Philadelphia, to conduct ships up the river in the night-time, notwithstanding the darkness ; that it was accordingly determined to endeavor to get the said ship up to Philadelphia, on the night aforesaid ; and that powerful lights were placed in different parts of the said ship, and every other possible precaution taken in order to facilitate the management of the same, and to enable other ships in the river to discern the said ship for a long time before it came near. Fourth. That very soon after it became dark on the night afore- said, the wind, which until then had been quite moderate and fa- vorable to sailing up the river aforesaid, suddenly began to hlow in successive gusts, very strong, stormy, and contrary, so that the said ship Saranak was compelled, by means of repeated tacks, to beat up against the wind ; and that at the same time the night grew so very dark that it was impossible to discern, without the assistance of a light, objects even when very near. 60 ADMIRALTY COURTS. Fifth. Ttat while the said ship was beating up, as aforesaid, against the wind, notwithstanding the precautions against accident which had been taken as aforesaid, and also the excellent and sea- man-like management by the said pilot, assisted by the master and crew, the said ship Saranak ' ran foul of the ship which the re- spondent understands to have been the said ship Lehigh, whereof the present libellants then were and now are the true and lawful owners, asis alleged in the fourth article of the libel aforesaid. Sixth. That the said ship Lehigh, at the time of the accident aforesaid, was lying moored in the channel of the river aforesaid, and directly in the path of the said ship Saranak, and that there were no lights visible aboard of the said ship Lehigh which could enable the pilot, or maste;-, or any of the crew of the ship Saranak then on deck, to discern that the said ship Lehigh was so lying in the channel, although they kept a good "look-out" for this pur- pose ; also, that neither the pilot, nor the master, nor any of the crew of the said ship Saranak, then on deck, heard the said John Thomas or any of the crew of the said ship Lehigh call to them, as it is alleged they did call in the second article of the libel afore- said. Seventh. That the said pilot and the master and crew of the said ship Saranak used the greatest care and skill in the management of the same on the night aforesaid, and took every possible pre- caution to prevent the occurrence of any accident. Mghth. That the accident aforesaid was occasioned by the great negligence and want of care of the" oflBlcers and crew of the said ship Lehigh, in the mooring of the said ship in the place where they did, and also in not providing powerful lights on deck, so that the said ship could be discerned at a distance ; and that it was not occasioned by any want of care or skill, or by any malice or evil design on the part of the said pilot, or master, or any of the crew on board of the said ship Saranak, as is falsely alleged in the third article of the libel aforesaid, and that the owner of the said ship Saranak is not, therefore, liable to pay the damages by ihe libel- lants sustained. Ninth. That all and singular the premises are true, in verificar tion whereof, if denied, the respondent craves leave to refer to the depositions and other proofs to be by him exhibited in this cause. Wherefore, the respondent prays that this honorable Court would be pleased to pronounce against the libel aforesaid, and to condemn the libellant in costs, and otherwise right and justice to administer in the premises. (Signed) Thomas C. Graham, Respondent. Eastern District of Pennsylvania, bs. . Sworn to by the respondent before me, THOMAS L. KANE, Clerk of Dist. Court V. S. ADMIRALTY COURTS. 61 Lihel hy a dissentient Part-ovmer {having a majority or a moiety of interest) of a Ship, in order to procure Possession: with Answer. United States of America, Eastern District of Pennsylvania, ss. To the Sonorahle ^O'ssf K. Kane, Judge of the District Court of the United States, in and for the Eastern District of Penn- sylvania. The libel and complaint of Charles L. Mount, of Philadelphia, in the district aforesaid, and owner of three quarter parts of the bark Jane, (whereof William Jones now is or lately was master,) against the said bark Jane, her tackle, apparel, and furniture, and against John Rogers, of Philadelphia aforesaid, merchant, and owner of one quarter part of the said bark, and also all per- sons lawfully intervening for their interest in the said bark, in a cause of possession, civil and maritime. And thereupon the said Charles L. Mount alleges and articulately propounds as follows : First. That the libellant is the true and lawful owner of three quarter parts of the said bark Jane, of the burden of about three hundred tons, and now lying in the port of Philadelphia aforesaid. Second. That the libellant is now, and has been for a long time desirous of sending the said bark on a voyage to Rio Janeiro, in Brazil, and from Rio Janeiro back to Philadelphia ; but that the said John Rogers, owner of the remaining quarter part of the said bark, has refused, though repeatedly applied to in this regard, to join in the voyage aforesaid, or to sulfer the said bark to sail on the account of the libellant on the voyage aforesaid. Third. That all and singular the premises are true, and within the admiralty and maritime jurisdiction of this honorable Court ; in verification whereof, if denied, the libellant craves leave to refer to the depositions and other proofs to be by him exhibited in this cause. Wherefore, the libellant prays that process, in due form of law, according to the course of courts of admiralty and of this honor- able Court, may issue against the said bark Jane, her tackle, ap- parel, and furniture, wheresoever the same shall be found, and that the said John Rogers, owner of the quarter part as aforesaid, and all persons having or pretending to have any right, title, or interest therein, may be cited to appear before this honorable Court, and to show cause why the possession of the said bark should not be delivered to the libellant, as having the majority of interest therein ; and that this honorable Court would be pleased to decree the possession of the said bark to be delivered to the libellant, and to administer such other relief as shall to law and justice apper^ 62 ADMIHALTt COURTS. tarn, and also to condemn the said John Eogers, and' all persons intervening for their interest in the said. bark, in costs. (Signed) Charles L. Mount, Libellant. A. B., Proctor, Eastern District of Pennsylvania, ss. . Sworn to by the libellant before me, THOMAS L. KANE, Clerk Bist. Court U. S. Answer. United States 4)f America, Eastern District of Pennsylvania, ««. To the Honorable John K. Kane, Judge of the District Court qf the United States, in and for the JSastem District of Pennsyl- vania. And now, John Rogers, of Philadelphia, in the district aforesaid, merchant, appears before this honorable Court, and for answer to the libel and complaint of Charles L. Mount, of Philadelphia aforesaid, against the bark. Jane, and against him th* said Joha Rogers, and also against all persons lawfully intervening for their interest in the said bark,, alleges and articulately propounds as follows : First. That the libellant is the true and lawful owner of three quarter parts of the said bark Jane, as in the first article of the said libel is alleged. Second. That the respondent was the owner of a quarter part of the said bark from some time in the .month of April, I860, until the 6th day of January, 1852, on which last day, by a deed of indenture, he assigned all his property, real and personal, of whatsoever name or' nature and wheresoever situated, to George Rogers and William Jones, in trust for the benefit of his creditors ; and that he is not now, nor was he, at the time of filing the said libel, the owner of a quarter part of the said bark ; but that the said^ quarter part has belonged to the trustees aforesaid, and could not be employed without their consent, ever since the date of the said assignment, and long before the time of filing the said libel. Third. That the respondent refused to join in the voyage from Philadelphia to Rio Janeiro and from Rio Janeiro back to Phila- delphia, as is alleged in the second article of the said libel, for reasons alleged in the next preceding article. Fourth. That all and singular the premises are true ; in verifica- tion whereof, if denied, the respondent craves leave to refer to the deposition and other proofs to be by him exhibited in this cause. Wherefore the respondent prays that this honorable Court would be pleased to pronounce against the libel aforesaid, and to ADMIRALTY COURTS. bS > con demn the libellant in costs, and otherwise right and justice to administer in the premises. (Signed) John Rogers, Bespondent. C. D., Proctor. Eastern District of Pennsylvania, ss. Sworn to by the respondent before me, THOMAS L. KANE, Clerk ofDist. Court U. S. Libel hy dissentient Part-owners {owning less than a moiety) of a Ship, in order to obtain Security ; with a stipulation thereupon. United States of America, Eastern District of Pennsylvania, ss. To the Honorable John K. Kane, Judge of the District Court of the United States, in and for the Eastern District of Penn- sylvania. The libel and complaint of Henry Davis and Louis Rankin, of Philadelphia, in the district aforesaid, merchants, and owners of one moiety of the brig Fanny, (whereof James Green, of Phila- delphia aforesaid, now is or lately was master,) against the brig Fanny, her tackle, apparel, and furniture, and against the said James Green, and also against Joseph Gray, of Philadelphia aforesaid, merchant, and owner of one moiety of the said brig, and against all persons lawfully intervening for their interest in the said brig, in a cause of possession, civil and maritime. And thereupon the said Henry Davis and Louis Rankin allege and articulately propound as follows : First, That the libeUants are the true and lawful owners of one moiety of the said brig Fanny, of the burden of two hundred and fifty tons or thereabouts, which is now lying at the port of Phila- delphia, and that the said moiety is worth the sum of three thousand five hundred dollars. Second. That the said Joseph Gray, owner of another moiety of the said brig, has caused to be laden on board the said brig a cargo of flour, to be carried therein to Callao, a foreign and distant port in Peru, and is about to cause the said brig to be cleared at the custom-house for the said port ; that he has constituted the said James Green master of the said brig for the voyage aforesaid, and that the said James Green is now making great haste and prepara- tion for the entering upon and performance of the said voyage and sailing from the port of Philadelphia aforesaid. Third. That the said voyage was planned, and the said cargo taken on board the said brig, and the said Ja,me8 Green constituted master of the same for the voyage aforesaid, without consulting the libellants, and contrary to their express desires often communicated to the said Joseph Gray, part-owner, as aforesaid ; and that the libellants now object to, and dissent from the said employment v the said brig on and for the voyage aforesaid. 61 ADMIRALTY COURTS. Fourth. That all and singular the premises are true, and withm the admiralty and maritime jurisdiction of this honorable Court; in verification whereof, if denied, the libellants crave leave to refer to the depositions and other proofs to be by them exhibited in this cause. Wherefore, the_libellants pray that process, in due form of law, according to the course of courts of admiralty and of this honor- able Court in causes of admiralty and maritime jurisdiction, may issue against the said brig Fanny, her tackle, apparel, and furni- ture, wheresoever the same shall be found, and that the said James Green, master as aforesaid, and Joseph Gray, owner of one moiety as aforesaid, and all persons having, or pretending to have "any right, title, or interest in the said brig, may be cited to appear before this honorable Court, and to show cause why the said James Green should not be restrained from proceeding to sea with the said brig, until good and sufficient security shall be given in this Court, to the amount of the value of the moiety of the libellants therein, for the return of the said brig to the said port of Phila- delphia, to which she belongs ; a,nd that this honorable Court T^ould be pleased to pronounce that such security shall be given or the possession of the said brig be delivered to the libellants, and to administer such other relief as shall to law and justice appertain, and also to condemn the said James Green and Joseph Gray and all persons intervening for their interest in the said brig, in costs.* (Signed) Henry Davis, Louis Rankin, A. B., Proctor. Eastern District of Pennsylvania, sa. Sworn to by the libellants, before me, THOMAS L. KANE, Ckrlc ofDist. Qowrt U. S. Stipulation hy a Part-owner and Master of.a Ship, with Sureties, on sending the Ship to Sea, United States of America, Eastern District of Pennsylvania, ss. On this 10th day of May, 1852, James Green, of Philadelphia, in the district aforesaid, master of the brig Fanny, and Joseph Gray, of Philadelphia, aforesaid, merchant, appear in court and produce for sureties Jacob Robertson and William Jenks, both of Philadelphia, aforesaid, merchants ; and the said James Green and Joseph Gray as principals, and the said Japob Robertson and Wil- liam Jenks as sureties, submitting themselves to the jurisdiction of this Court, do bind themselves, their heirs, executors and adminis- trators,, in the sum of seven thousand dollars, being double the appraised value of one moiety of the said brig, unto Henry Davis * If fr sale of the ship be desired, a prayer to this effect must be inserted. ADMIRALTY JOUilTS. 65 and Louis Rankin, both of Philadelphia aforesaid, merchants, owners of the said moiety of the said brig, for the safe return of the said brig to the port of Philadelphia, being the port to which the same belongs, or to pay to them the amount of the said moiety of the said Henry Davis and Louis Rankin ; and, unless they shall so do, they do hereby severally consent that execution shall issue forth against them, their heirs, executors, and administrators, goods and chattels, wheresoever the same shall be found, to the value of the siun aforesaid. Libel ly a Painter, for painting and furnishing a Ship : with Answer. United States of America, Eastern District of Pennsylvania, ss. To the Honorable John K. Kane, Judge of the District Court of the United States, in and for the Eastern District of Pennsyl- vania. The libel and complaint of Matthew Brown, of the district afore- said, ship-painter, against the bark W. IT. Sarrison, {whereof Thomas Mason now is or late was master,) her tackle, apparel, and furniture, and also against all persons lawfully intervening for their interest therein,* in a cause of contract, civil and mari- time. And thereupon the said Matthew Brown alleges and arti- culately propounds as follows : First. That the said bark W. H. Harrison, in the month of No- vember, 1851, being in the port of Philadelphia, within the ebb and flow of the tide, and within the admiralty and maritime juris- diction of this honorable Court, and standing in need of repairs, necessaries, and painting, in order to render her seaworthy and competent for her voyage to New Orleans and elsewhere, the libel- lant did, at the request of the said master, contract and undertake properly to repair, supply, and furnish the same by painting said bark, so that she should be competent for such voyages. Second. That the libellant, during the said month of November, 1851, the said bark being within the ebb and flow of the tide, and within the admiralty and maritime jurisdiction of this honorable Court; repaired and painted the said bark, furnishing her with cer- tain materials, to wit, paints, oil, putty, &c., and laboring to paint the said bark ; the particulars of which supplies and repairs afore- said will fully appear in the account hereto annexed, amounting in the whole to the sum of forty-five dollars and fifty cents, of which your libellant has received twenty-five dollars, leaving a balance due and unpaid of twenty dollars and fifty cents. * The commencement of this form should be varied to suit different cases Sev- notes, pp. 46, 55. a 66 ADMIRALTY COUKTS. Third. That the above supplies and work were necessary for the said bark, and that the said supplies were furnished and work done on the credit of the said bark, as well as of the owners and master thereof. Fourth. That all and singular the premises are true, and within the admiralty and maritime jurisdiction of this honorable Court ; in verification whereof, if denied, the libellant craves leave to refer to the depositions and other proofs to be by him exhibited in this cause. Wherefore, the libellant prays that process in due form of law, according to the course of courts of admiralty and of this honor- able Court in cases of admiralty and maritime jurisdiction, may issue against the said hark, her taekle, ap-parel, and furniture, whereso- ever the same may he found; and that all persons having 'or pre- tending to have any right, title, or interest therein, may he cited to appear and answer all and singular the matters so articulately pro- pounded ; and that this honorable Court would be pleased to pro- nounce for the claim or damages aforesaid, and to decree such other relief to the libellant as shall to law and justice appertain, and also to condemn the said hark W. S. Harrison, her tackle, apparel, and furniture, and all persons intervening therefor, in costs.* (Signed) Matthew Brown, Libellant, A. B., Proctor. Eastern District of Pennsylvania, ss. • Sworn to by the libellant before me, THOMAS L. KANE, Clerk ofDist. Court U. 8. Answer. United States of America, Eastern District of Pennsylvania, ss. To the Honorable John K. Kane, Judge of the District Court of the United States, in and for the Eastern District of Penn- sylvania. And now, Robert Moore, of the district aforesaid, merchant, inter- vening for his interest in the hark W. JS. Harrison, appears be- fore this honorable Court, and for answer to the libel and com- plaint of Matthew Brown, of the district aforesaid, ship-painter, against the said hark W. H. Harrison, her tackle, apparel, and furniture, and also against all persons intervening for their interest in the said hark,-\ alleges and articulately propounds as follows : First. That it is true that the said Matthew Brown did contract and undertake properly to repair, supply, and furnish the same by * The conclusion of thia form should be varied according to the nature of the Toceeding. See note, p. 47. f The commencement of this form should be varied to suit other cases. See note, p. 48. ADMIRALTY COURTS. 67 painting the said bark so that she should be competent for her voy- age to New Orleans and elsewhere. Second. That the libellant, in pursuance of his said contract, did pretend to repair and paint the said bark, and to furnish her with' certain materials, to wit, paints, oil, putty, &c., and that he received for his services the sum of twenty-five dollars. But the said libel- lant totally violated his contract for the repair and painting of the said bark, and did his work so negligently, and in such an unwork- man-like manner, that the respondent was obliged to employ other workmen to do over again the same work which the said libellant undertook to do, for which the respondents were obliged to pay them, and by reason of which the said bark was prevented from sailing on her voyage on her appointed day, to the great loss and damage of the respondent. Third. That all and singular the premises are true ; in verifica- tion whereof, if denied, the respondent craves leave to refer to the depositions and other proofs to be by him exhibited in this cause. Wherefore, the respondent prays that this honorable Court would be pleased to- pronounce against the libel aforesaid, and to decree a restoration of the said bark to the respondent, and to condemn the libellant in costs, and otherwise right and justice to administer in the premises. (Signed) Robert Moore, Respondent. C. D., Proctor. Eastern District of Pennsylvania, ss. . Sworn to by the respondent before me, THOMAS L. KANE, Olerk of Bist. Court U. S. Libel in a cause of Salvage, with Answer. United States of America, Eastern District of Pennsylvania, ss. To the Honorable John K. Kane, Judge of the District Court of the United States, in and for the Eastern District of Pennsyl- vania. The libel and complaint of Edward Dale, of Philadelphia, in the district aforesaid, master and owner of the sloop Red Rover, and of John Colton, of Wilmington, in the State of Delaware, the master and owner of the sloop Jenny Dean, and of the respec- tive crews of the said sloops, against the ship Octorara, (whereof G-eorge Walters now is or lately was master,) her tackle, apparel, and furniture, and all and singular the goods, wares, and mer- chandises now or late on board the said ship,* in a cause of salv- age, civil and maritime. And thereupon the said Edward Dale, * The commencement of tliis form should b; Taried to suit different cases. See notes, pp. 46, 65. OO ADMIRALTY COURTS. John Colton, and the respective crews of the sloops aforesaid, allege and articulately propound as follows : ^ First. That on Saturday, the 10th day of December last, the said sloop called the Red Rover, of the burden of ninety tons, or thereabouts, (whereof the said Edward Dale was master and owner,) sailed from Philadelphia aforesaid, bound to Boston, and that the said sloop was manned with a crew of seven men, exclusive of the said Edward Dale, and fully and completely equipped and set forth for the said voyage. And that on Sunday, the 11th of the said month of December, the said sloop called the Jenny Dean, of the burden of one hundred tons, or thereabouts, (whereof the said John Colton was master and owner,) sailed from Wilmington aforesaid, bound to Portland ; and that the said sloop last mentioned was likewise manned with a crew of seven men, exclusive of the said John Colton, and fully and completely equipped and set forth for such voyage. Second. That between ten and eleven o'clock in the forenoon of the following Wednesday, to wit, . the 14th day of December, (it blowing hard and the sea running high,) the said two sloops were in company together, in the prosecution of their aforesaid voyages, when the said Edward Dale and John Colton, and their respective mariners descried a ship in distress upon the sands ; and that both the said sloops made for the said ship in distress, and in about an hour afterwards were brought up near to her, in order to render to her every possible assistance ; for which purpose the boats of the said two sloops were thereupon hoisted out, and the said Ed- ward Dale, with four of his crew, and the said John Colton, with four of his crew, immediately proceeded therein to, and got on board of the said ship, and which they found to be the Octorara, of Philadelphia, in the district a^foresaid, of the burden of four hun- dred toijs, or thereabouts, (whereof George Walters was master,) having on board a crew of about twenty men and two ladies pas- sengers; and laden with a valuable cargo of hemp, iron, and other merchandise, bound from St. Petersburgh to Philadelphia aforesaid, being the very ship proceeded against in this cause. Third. That the said ship, the Octorara, was then in a very dan- gerous situation, and in great hazard of being lost, and that the said George Walters, the master, begged or requested the aforesaid Ed- ward Dale and John Colton, that they, with their sloops and crews, would assist and preserve the said ship and cargo, or to that effect : and that the said ship and cargo were thereupon put under the care of them, the said Edward Dale and John Colton, who, with their men, immediately set about using their best endeavors to preserve the same. Fourth. That the said Edward Dale and John Cclton, having caused the boats belonging to their respective sloops, and also two ADMIRALTY COURTS. 69 boats belonging to the Ootorara, to be made fast to the said ship, a,nd having cleared the decks and set the sails of the said ship, in order, if possible, to force her off the said sand, they waited until about seven o'clock in the evening of the said 14th day of Decem- ber, when, with the help of the tide, they got the said ship oflf the said sand, and brought her up to anchor in a fair channel ; but, there being a great deal of sea, the said ship's long-boat was thereby stove. Fifth. That the said ship rode at anchor the whole ebb with the wind blowing hard, and varying from WNW. to WSW. ; but that, the said ship making much water, the pumps on board thereof were obliged to be kept constantly going, in order to keep her from sink- ing ; that the people belonging to the said sloops, as well as the crew of the said ship, being all thereby much fatigued, and the wind blow- ing fresh, and the said ship and cargo then still being in great danger of sinking, it was thought advisable to endeavor to get the same into the harbor of -, that being the nearest port of safety ; and that accordingly about six o'clock of the following morning, being Thursday, the 15th day of December, the said Edward Dale and John Colton hove in the said ship, and with much difficulty and danger, about seven o'clock in the evening of the same day, got her into the harbor aforesaid, and there brought her to an anchor, it being too dangerous to attempt getting her on shore that night, the weather being thick and blowing hard. Sixth. That during the night of the 15th day of December aforeBaid, it blew a violent gale of wind, which continuing until the morning of Saturday, the 17th day of December aforesaid, the said Edward Dale and John Colton were obliged to keep the pumps con- stantly going in order to save the said ship from sinking ; but that about eight o'clock in the morning of the said Saturday, the 17th day of December aforesaid, the wind being abated, and the tide answering to piit the said ship on shore, they got up her anchor and laid her on shore, the said Edward Dale and John Colton with their men continuing, however, on board the said ship and further assisting until the night of the next day, being Sunday, the 18th day of De- cember aforesaid, when they left her on shore in safety ; having previously, to wit, in the morning of the day last mentioned, re- turned on board the said ship the goods, which it had been neces- sary to take out in order to lighten her as aforesaid. Seventh. That from the time of the said sloops going to the assistance of the said ship Octorara on the said 14th day of Decem- ber last, to the time of her being laid on shore at the port of in safety on the 17th day of the same month, as mentioned in the next preceding article, the said sloops were constantly attending the said ship, the leaky condition whereof made it absolutely ne- cessary to keep her pumps constantly going, by reason of the scarf or box of her keel and steta being open an inch, (and which the 70 ADMIRALTY COURTS. party proponent doth allege could not be stopped, until the ship was laid on shore at the port of —;) and that the masters and crews of the said sloops used their utmost endeavors in pffeserving the said phip and cargo, and the lives of the crew of the same ; and that, in attending to the .preservation of the said ship and cargo, the masters and crews of the said sloops ran great risk, not only of their own lives, but also of the loss of their respective sloops, for that, in case a storm had arisen before the said ship's arrival in the harbor of , neither of the said sloops had sufficient hands left on board to manage them, (the prime hands belonging to the sloops being all employed on board the Octorara.) Eighth. That on the night of Thursday, the said 15th day of De- cember last,- both the sloops, then lying near the Octorara, and the whole of the crews of the said sloops being employed in pumping on board the Octorara, excepting three hands left on board each of the said sloops, the Red Rover, by the violence of the weather and the insufficiency of tlfe people left on board to her preservation, was virtually driven on shore on beach ; but did not thereby receive any essential injury, owing to the providential circumstance of its having happened in harbor, without which the said sloop would in all probability have been lost or destroyed. Ninth. That without the assistance hereinbefore pleaded, the said ship Octorara could not have been saved, for that she had been on sand, from about eight o'clock in the evening of Tuesday, the said 13th day of December last ; and that previous to the sloops arriving to her assistance, she had been on shore two ebbs and a flood, but that such flood had not lifted or floated the said ship ; and that, if she had continued on the said sand until the night of Thursday, the said 15th day of December, in the violent gale, which drove the Red Rover on shore although in harbor, as before alleged, the total loss of both ship and cargo could not have been prevented. Tenth. That whilst the said sloops, the Red Rover and the Jenny Dean, were sailing towards the said ship in distress on the sand, in the forenoon of the said 14th day of December last, as mentioned in the second article of this libel, a boat was observed from the said sloops to be making towards the said ship, which proved to be the Octorara libellate ; and that such boat was after- wards found to be one of the boats belonging to the said ship Octo- rara, which had quitted and left the said ship, with the master, two ladies passengers, and four ^f the crew, for personal preservation, by endeavoring to make the shore ; but which boat returned to the said ship in consequence of the persons therein perceiving the sloops making to their assistance. And several of the crew of the said ship Octorara, who remained on board after the master and others had quitted her as aforesaid, declared to the persons belong- ing to the sloops, that they should all have likewise left the said ship, if the said sloops had not come to their assistance, or tcdthat effect. ADMIRALTY DOTJRTS. 71 Meventh. That the said Edward Dale, the master and owner of the sloop called the Red Rover, and the said John Colton, the mas- ter and owner of the sloop called the Jenny Dean,, and the respec- tive crews of the said sloops, by reason of the risk and hazard they ran, and the service they performed in saving the said ship Octorar'a and Jjer cargo, deserve, and are justly entitled to, meet and compe- tent salvage for such service, and to so much as has been and is ac- tually allotted by this court to persons doing and performing the like service, together with all charges and expenses attending the same. Twelfth. That all and singular the premises are true, and within the admiralty and maritime jurisdiction of this honorable Court ; in verification whereof, if denied, the libellants crave leave to refer to the depositions and other proofs, to be by them exhibited in this cause. Wherefore the libellants pray that process, in due form of law, according to the course of courts of admiralty and of this honorable Court in cases of admiralty and maritime jurisdiction, may issue against the ship Octorara, her tackle, apparel, and furniture, and against the cargo laden therein, wheresoever the same shall be found, and that all persons having or pretending to have any right, title, or interest in the said ship and cargo may be cited to appear and answer upon oath all and singular the matters so ar- ticulately propounded; and that this honorable Court would be pleased to decree such a sum of money, or proportion of the value of the said ship Octorara and her cargo, to be due to the libellants, as a compensation for their said salvage services, as shall seem meet and reasonable, together with their expenses in this behalf sustained, and to condemn the said ship, her tacJcle, apparel, and furniture, and the cargo laden therein, and all persons intervening for their interest in the said ship,* in costs, and otherwise right and justice to administer in the premises. (Signed) Edward Dale, John Colton, for themselves and the respective crews of the sloops the Med Mover and the Jenny Dean. A. B., Proctor. Eastern District of Pennsylvania, ss. . Sworn to by the said Edward Dale and John Colton before me, THOMAS L. KANE, Clerk of Dist. Court U. S. * The latter part of this libel should be varied according to the nature of the proceeding. See note p. 47. 72 ADMIEALTT COURTS. Answer hy the Owner of the Cargo.* United States of America, Eastern District of Pennsylvania, as. To the Monorahle John K. Kane, Judge of the District Court of the United States, in and for the Eastern District of Pennsyl- vania. A.nd now George Powell, of Philadelphia, in the district aforesaid, merchant, intervening for his interest in the cargo on board the ship Octorara, appears before this honorable CoiJW, and claims the said cargo as his property ; and, for answer to the lib^l and complaint of Edward Dale, of Philadelphia aforesaid, master and owner of the sloop called the Red Rover, and of John Colton, of Wilmington, in the State of Delaware, master and owner of the sloop called the Jenny Dean, and of the respective crews of the said sloops, against the said ship Octorara, her tackle, apparel, and furniture, and' against all and singular the goods, wares, and .merchandises now or late on board the said ship,'\ sl\egg.2go.o5g.Qaog5S» £; *» fH s^^^sS^^-fl'S^ t3 tj O S S " o-S fl ^ S S^S s^=3 gfl ^ *«. A' o o- a tin o •a '^ ffl o S o t-. S Q, « - S Bi S o is rf s s a «'sv-'o3 go --^ s « « 2 I-, J , S " g -a a §■33 ^^ p be o d © re O Cm TJ J "w a. " 2 S-a g o OD gj " d _ § ■a ^^ ■MM a o l-a ga g i r& p-a 3 M*^| »'«'2- a ti p< 3 § d I oS * P to -^ » ^^"3 HI'S o EH o I ■< EH CQ O I— ) o P>4 5 J O 60 S I ■^ .1 ADMIRALTY COURTS. 77 Libel for Demurrage, with Answer. United States of America, Eastern District of Pennsylvania, ss. To the Honorable John K. Kane, Judge of the District XJourt of the United States, in and for the Eastern District of Pennsyl- vania. The libel of W. B. H., master of the schooner Onward, and agent of H. B. and C. R. P., of the City of Baltimore, owners of the said schooner Onward, against C. W. C, of the City of Philadel- phia, merchant, in a cause of contract, civil and maritime, alleges as follows : First. That on the twenty-seventh day of May last past, the said schooner Onward was lying at the port of Rio de Janeiro, with the said "W. B. H. as master thereof. That on the date aforesaid, Messrs. R. D. & Co., of the said port of Rio de Janeiro, entered into a charter-party with the said libellant ; by the terms of which charter-party, (a copy of which is hereto annexed,) and among other therein contained, it was mutually agreed, between the libellant and the said R. D. & Co., that the libellant should with all conve- nient speed receive, in said port of Rio de Janeiro, from the said R. D. & Co., or their agents, a full and complete cargo of coffee, in bags, and, at the option of the said R. D. & Co., five dozen of rose- wood, and proceed therewith to the port of Philadelphia, and deliver the said cargo in conformity with bills of lading, on being paid freight according to the terms set forth in said charter-party. That the said cargo was to be laden at the said port of Rio de Janeiro, and discharged at the port of delivery according to the custom of the port of discharge ; twenty-five running days, by the terms of the charter-party, being allowed the said charterers for loading the said vessel at the said port of Rio de Janeiro ; and the cargo to be discharged with all possible despatch, with demurrage at the rate of twenty-five dollars per day, in case the vessel should be detained beyond the laying days above mentioned. Second. That in pursuance of the agreements aforesaid, the libel- lant, on the twenty-eighth day of May following the date of the said charter-party, gave notice to the said R. D. & Co. that he would be ready to take in freight on the thirtieth of said month. That the said R. D. & Co. accepted the said notice, and commenced loading, but did not finish loading until the twenty-fifth day of June follow- ing, at which time the said twenty-five days had expired, as will further appear by the endorsement of the said R. D. & Co. on the part of the said charter-party, and which endorsement the libellant prays may be taken as part of this libel. That on the twenty-third day of June aforesaid, the libellant signed bills of lading (a copy of one of which is also hereto annexed) to the said R. D. & Co. for 1635 bags of coffee, consigned to C. W. C, of the City of Philadel- phia ; and on the same day sailed from the said port of Rio de Jar 78 ADMIRALTY COURTS. neiro, and arrived on the first day of the present month (August) at the port of Philadelphia. . That at an early hour the next morning, the libellant had his hatches properly surveyed, and the vessel regu- larly entered in the custom-house ; and the same day gave notice to the said 0. W. C, consignee as aforesaid, that he, the said libellant, was then ready to discharge the said'vessel. That the said C. W. C. accepted the said bills of lading and the cargo aforesaid, and was fully notified that the said lay days had expired, and that if the cargo of said vessel was not discharged with all possible despatch, he, the said C. W. C, would be held accountable for the demur- rage, according to the terms of the said charter-party ; but the said C. W. C, not regarding the said notice, wilfully detained the said vessel for the space of seven days over and above the time that was necessary for her discharge. That during the tinie that the said O. was detaining the said vessel as aforesaid, the said libellant repeat- edly called upon the said C, and requested him to have the vessel unladen, repeating to the said C. that the expense and damage of such detention would be demanded of him ; but the said C. said he could have five days, and that be would do as he pleased on the matter. Third. That the usual and sufficient time to discharge such a cargo of coffee is one day ; and this libellant claims to be entitled to have of the said C. W. C, consignee as aforesaid, the damages sustained by him by reason of the unjust detention of said vessel beyond that time, which he alleges amounts to the sum of one hun- dred and seventy-five dollars and upwards. Fourth. That all and singular the premises are true, and within the admiralty and maritime jurisdiction of this honorable Court. Thereupon the libellant prays that a monition or citation, accord- ing to course of practice of this honorable Court, may issue against the said C. W. C, and that he be cited to appear and answer all and singular the matters aforesaid ; and that this 'honorable Court would be pleased to decree the payment of the demurrage aforesaid with "costs, and that the libellant may have such other relief as in law and justice he is entitled to receive. W. B. H. D. , Proctor. Eastern District of Pennsylvania, bs. W. B. H., being duly sworn, saith that the contents of the fore- f^oing libel are true, and that he is the bailee and agent for the owners of the said vessel, who reside in Baltimore. W. B. H. Sworn and subscribed before me, August 18th, 1852. CHARLES F. HEAZLITT, U. 9. Commissioner. ADMIRALTY COURTS. 79 Answer. United States of Anierica, Eastern District of Pennsylvania, «». To the Honorable John K. Kane, Jvdge of the District Court of the United States^ in and for the Eastern District of Pennsyl- vania. And now C. W. C, of the City of Philadelphia, merchant, appears before this honorable Court; and for answer to the libel of W. B. H., master of the schooner Onward, against him, the said C. W. C. alleges and articulately propounds as follows : First. That on the twenty-seventh day of May last past, the said schooner Onward was lying at the port of Rio de Janeiro, and that on the same day Messrs. R. D. & Co. entered into the charter-party, (a copy of which is annexed to the said libel,) as is alleged in the first article of the same ; but that the said charter-party did not contain any agreement as to demurrage at the port of discharge. Second. That the libellant, on the twenty-eighth day of May last, gave notice to the said R. D. k Co. that he would be ready to take in freight on the thirtieth of said month. That they accepted said notice, and commenced loading, but did not finish loading imtil the twenty-fifth day of June following, at which time the said twenty- five lay days had expired ; and that the endorsement on the said charter-party was made by R. D. & Co., and that the copy of the bill of lading annexed to the libel is a true copy. That the libel- lant sailed from Rio de Janeiro and arrived at Philadelphia on the days respectively alleged in the second article of said libel ; but whether the libellant, at an early hour in the morning after his ar- rival, had his hatches regularly surveyed and his vessel regularly entered at the custom-house, the respondent does not know, save as he is informed by said libel, though he believes libellant's allega- tions to be true. That said libellant did give respondent notice, at the time alleged in the second article of said libel, that he was then ready to discharge said vessel ; but that he did not give him notice that said lay days had expired, and that if the cargo of said vessel was not discharged with all possible despatch, the said respondent would be held responsible for demurrage, according to the terms of the said charter-party : on the contrary, the said respondent, at the time when the said libellant gave him notice that he was ready to discharge said vessel, informed libellant that he had, agreeably to the custom of the port of Philadelphia, five days before he was bound to obtain a permit and receive said goods consigned to him ; that he was desirous to sell the cofiee on board the vessel, and have it delivered to the purchasers, and that he would not insist on' the five days allowed him, if he could accomplish his purpose sooner ; to all which the libellant fully assented. That on the fourth day after the arrival of said vessel, the respondent obtained his permit, and the vessel began to discharge her cargo, which was done as fas' 80 AFFIDAVITS AND OATHS. as the coffee could be weighed and delivered ; that there were, dur- ing the time of the discharge, one, two, or three days of bad wea- ther, which respondent believes somewhat delayed the discharge. That the libellant did not repeatedly, or at any time, call upon the said respondent and request him to have the vessel unladen, repeat- ing that the expense and damage would be demanded of respond- ent ; nor that respondent answered that he would do as he pleased in the matter : on the contrary, that said libellant received pay- ment of the freight of said goods without any demand on respondent for demurrage or damage, or any suggestion that such was due. Third. That one day is not the usual and sufficient time to dis- charge such a cargo of coffee ; but, on the contrary, the respondent was entitled, agreeably to the custom of the port, to five days before taking out a permit ; and that, in respect of the article of coffee, it is the usage to sell the same on board, and weigh and deliver the same to the purchaser at the time of discharge; and that said cargo was discharged with all possible despatch, according to the custom of the port of Philadelphia. Fourth. That all and singular the premises are true ; in verifica- tion whereof, if desired, the respondent craves leave to refer to the depositions and other proofs to be by him exhibited in this cause. Whereupon the respondent prays that this honorable Court would be pleased to pronounce against the libel aforesaid, and to condemn the libellant in costs, and otherwise right and justice to administer in the premises. C. W. C. J. G. C, Proctor. Eastern District of Pennsylvania, sg. Sworn and subscribed before me this 29th day of August, A. D. 1852. CHARLES F. HEAZLITT, U. S. Commissioner. Libel in a suit in Bern, hy a Material-Man, under the Act of Con- gress of 2Qth February, 1845, "Uxtendi^p the •Jurisdiction of the District Courts to certain cases upon the Lakes and Ifavi- gable Waters connecting the same." To the Honorable , Judge of the District Court of the United States, in and for the District of . John Doe, of , exhibits this his libel against the steam- boat Michigan (whereof Richard Roe is or lately was master), her engine and machinery, boats, tackle, apparel,, and furniture, ADMIRALTY COURTS. 81 and against all persons lawfully intervening for their interest therein^, in a cause of contract civil and maritime. And there- upon the said John Jones doth allege and articulately propound as follows, to wit : First. That the said steamboat Michigan, now lying at , in the district aforesaid, is a vessel of about ' tons burthen [or indifferently, of more than twenty tons burthen,] and, at the time when the cause of action hereinafter stated and set forth arose, was enrolled and licensed for the coasting trade, and was employed in the business of commerce and navigation between ports and places in different states and territories of the United States, upon the lakes and navigable waters connecting the said lakes. Second. That on or about the day of , while the said steamboat Michigan was lying at in the district aforesaid, the said Richard Roe, master as aforesaid, represented to the libellant that the said steamboat stood in need of the repairs [or supplies] hereinafter mentioned, in order to render her seaworthy and competent to proceed on her intended voyage, and requested the libellant to make such repairs [or furnish such supplies ;] and that the libellant, in pursuance of such representation and request, on the day and at the place last above mentioned, undertook to repair, and did repair [or to furnish supplies for, and did supply] the said steamboat, by [here enumerate the repairs made or sup- plies furnished ;] which repairs [or supplies,] and the value thereof, are truly and more particularly stated and described in the schedule or account hereto annexed, and which amount in the whole to dollars and — cents. Third. That the said repairs [or supplies] were so made [or furnished] by the libellant on the credit of the said steamboat, as well as of the owners and the said master thereof: and were suit- able, proper, and necessary for the purpose of enabling the said steamboat to depart with safety. Fourth. That the aforesaid sum of dollars and — cents still remains wholly unpaid and due to the libellant [or, if a part of the sum has been paid, then add, except the sum of dollars and — cents mentioned in the schedule or account hereto annexed,] although the libellant has often requested the said Richard Roe, the aforesaid master of the said steamboat, to pay the same. Fifth. That all and singular the premises are true. Wherefore the libellant prays that process in due form of law may issue against the said steamboat, her boats, tackle, apparel, and furniture ; and that this honorable Court will pronounce for his aforesaid demand, and decree the same to be paid with costs ; and for such other and further relief and redress as to right and justice may appertain, and as the Court is competent to give in the premises. [and if the libellant sees fit to put interrogatories, then add: And further, the said Richard Roe or other person or persons inter- 6 82 ADMIRALTY COURTS. vening for his or their interest, may be required to answer the interrogatories hereunto annexed.] (Signed) John Jonks, LibeUant. J. T., Proctor, District of - , ss. ^worn to by the lihellant before me, • _T. L., Olerk of M»t. Court T7. 8. [or Qomwdmpner.2 Libel in a suit in Mem, for Damages by adlUsion, under the Act of Congress of 28th February, 1845, " Ilxtendirig the jurisdic- tion of the District Courts of the United States ta certain eases upon the Lakes and Navigable Waters connecting the same." To the Honorable • , Judge of the District Comrt of the United States, in andfbr the —^ — ■ — Dis^iet cf ' " < ■■ — . John Jones, of , owner of the schooner Erie hereinafter mentioned, exhibits this his libel g,gaiBst the steamboat Indiana [whereof Richard Roe is or lately was .mastei;,] now lying in the port of , in the district of — r- .aforesaid, and withjji the admiralty and maritime jurisdictio;i of this honorable Court ; her engine, machinery, boats, tackle, apparel, and furniture, and against all persons lawfully intervening for their interest therein,* in a cause of collision, civil and maritime. And there- upon the said John Jones doth allege and. articulately propouud as follows, to wit : First. That the said schooner Erie is a vessel of more than twenty tons burthen, to wit, of the burthen of ■ — — tons, or there- abouts ; and at the time when the cause of 'action ,ii!ereina;fter men- tioned and set 'forth.arose, was enrolled and licensed for the coasting trade, and was employed in the business df commerce and naviga- tion between ports and places in different states and territories of the United States, upon the lakes and navigable waters connecting the said lakes. Second. That on the day of — — , in the year — , the aforesaid schooner, being tight, staunch, sand well jnanjued and provided, sailed from the port of" Erie, in tho State of Pennsyl- vania, with a valuable cargo of wh^at, on a voyage .40; the port of Buffalo, in the State of New York*. ' Third. That during the said voyage, to , wit, about 10 o'clock, P. M., of the day of , the saidfschooner being then about ten miles westerly from Dunkirk, with the wind blowing li?ird from the ESE.jiand the said schooner being close hauled on the star- board taek, her course lying ENE., John Fox, the first mate of the * See note on f-, 56. ADMIRALTY COURTS. 83 Said scnooner, who then had the watch and was the commanding offi- cer on deck, being on the look-out, descried lights ahead, and soon after discovered that they were borne by a steamboat approaching the said .schooner in. a SW. direction, apparently about one mile distant, and then being about. one point on her lee bow. That as soon as the said John Fox, mate as aforesaid, had discovered the approach of the said steamboat, he informed the helmsman of the said schooner thereof, and ordered him to keep her steady, believ- ing that the said steanrboat would pass her onthe larboard hand. That about three minutes after the said order was given, it became apparent to the said mate that there was ground to apprehend a collision with the said steamboat ; and within one or two minutes thereafter, he became satisfied that such collision was inevitable, unless proper means were immediately resorted to by the persons having charge of the said steamboat,. to .prevent the threatened disaster. Whereupon, the said steamboat having in the mean time approached within speaking, distance, the said John Fox, mate as aforesaid, instantly shouted " Port your helm ! Stop your engine!" and several times repeated this request, and continued to do so, in a loud and audible voice ; until, about a minute and a half after first hailing the said steamboat, she struck the said schooner, stern on, on her larboard bow, and so greatly injured the said schooner that she immediately began to £11 with water, and, in spite of the most strenuous, exertions on the part of all on board to keep her afloat, she soon thereafter sunk, and was, with her cargo, totally lost ; her officers and crew having with difficulty saved their lives, by getting. on board of the said steamboat. Fourth. That the said steamboat by which the said damage had been done proved to be the Indiana aforesaid, under the command of said Richard Boeas master thereof, and being of about tons burthen, bound on a voyage from Buffalo aforesaid to. Detroit. That at the time when her lights .were first discovered from the Brie as hereinbefore mentioned, the .Brie carried a light suspended from the outer end of her bowsprit, which remained there until she was struck by the Indiana ; and, although there was consider- able haze on the water, the said light could easily have been seen, and, if she kept a good look-out, must have been seen by her at the distance of half a mile, or at least of a quarter of a mile, and in season to have enabled her to give way for the paid Brie as shp was bound to do, and thereby^ to prevent a collision therewith. Fifth. That if, at the time the said Indiana was first hailed from the Erie, and thenceforth, she had had a proper watch on deck, the warning given by the mate of the Erie, as hereinbefore men- tioned, must have been distinctly heard on board the Indiana in season to have enabled her, by putting her helm to port, to pass the Erie in safety ; or, by immediately stopping her engine, greatly to diminish the violence of the blow. -But, instead of so doing, 84 ADMIRALTY COURTS. the said steamboat Indiana kept on her previous course ; and, although she was running at the rate of twelve knots an hour, her speed was not slackened ; and the aforesaid Richard Roe, master of the said Indiana, admitted to the aforesaid John Fox, mate of the Erie, soon after the said John Fox got on board of the Indiana, that her engine had not been stopped. Sixth. That at the time when the danger of a collision between the said vessels was first perceived as aforesaid from the Erie, it was impossible for her to get out of the way of the said Indiana ; nor were there anj r^sana to which she could with propriety h£lve resorted for that purpose. Seventh. That at the time of the aforementioned loss of the said schooner Erie and her cargo, the libellant was the true and lawful owner of the said schooner, and of her cargo ; and that the said schooner was of the value of dollars, and the said cargo was of the value of dollars or thereabouts ; and that by reason of the careless, negligent, unskilful, and improper management of the said steamboat, and of the collision thereby occasioned of the said steamboat with the said schooner Erie, the libellant hath sustained damages to the amount of dollars or thereabouts, for which he claims reparation in this suit. Eighth. That all and singular the premises are ttue. Wherefore, the libellant prays that process in due form of law may issue against the said steamboat, her engine, machinery, boats, tackle, apparel, and furniture ; and that this honorable Court will pronounce for the damages aforesaid, and decree the same to be paid with costs, and for such other and further relief and redress as to right and justice may appertain, and the Court is competent to give in the premises. (Signed) John Jones, Libellant. J. C. M., Proctor, District of , ««. Sworn to by the libellant before me, 'T. L., Clerk of Dist. Court U. S. [or Commissioner.'] Libel in a suit in Rem, for Wharfage. To the Judge of the District Court of the United States for the District of . John Doe, of , exhibits this his libel against the schooner Marianne, [whereof Richard Roe now is or lately was master,] now lying at the port of , in the said district, and within the flux and reflux of the high seas, and within the admiralty and maritime jurisdiction of this honorable Court ; her boats, tackle, apparel, and furniture, and against all persons lawfuUv ADMIRALTY COURTS. 85 intervening for their interest therein, in a cause of wharfage, civil and maritime. And thereupon the said John Doe doth allege and articulately propound as follows, to wit : — , _ First. That the libellant is, and at the times hereinafter men- tioned was, the owner of a certain wharf in the harbor of the said port of . Second. That the said schooner Marianne, being of the burthen of tons or thereabouts, was, at the time hereinafter men- tioned, a maritime vessel, employed in the business of navigation and commerce on the high seas, and within the flux and reflux thereof. Third. That the said schooner, on or about the day of , at the instance and request of the said Richard Roe, then master thereof, was received by the libellant as such wharfinger, and moored at the said wharf, where, through the care of the libellant, his agents and servants, she has lain in safety to the present time. Fourth. That the libellant is informed, and'verily believes, that the said Richard Roe, master as aforesaid, is preparing, and intends very shortly, to remove the said schooner from the said wharf, and immediately to proceed with her to sea, without the consent of the libellant, and without paying wharfage therefor.* Fifth. That, according to the customary rate of compensation paid for wharfage of such vessels at the port aforesaid, the libel- lant is well entitled, by reason of the premises, to demand and have [or that hy reason of the premises the libellant reasonably deserves to have"], for the wharfage of the said schooner, of and from the said Richard Roe, master as aforesaid, or from the owner o^ the said schooner, the sum of dollars ; and that neither the said master nor the owner has paid the same, nor any part thereof, althouga often requested, and that the same remains wholly un- paid and due to the libellant. .# Sixth. That all and singular the premises are true. Wherefore the libellant prays that process in due form of law may issue against the said schooner Marianne, her boats, tackle, apparel, and furniture ; and that this honorable' Court will pro- nounce for his aforesaid demand, and decree the same to be paid with costs ; and for such other and further relief and redress as to right and justice may appertain, and as the Court is competent to give in the premises. [And if the libellant sees fit to put interro- gatories, then add: And, further, that the said Richard Roe or » In the case of Johnson «, The MoDonough, Gilpin's B. 101, it was assumed by the late Judge Hopkinson that the removal of the vessel from the wharf, with the knowledge and consent of the wharfinger, extinguishes his lien for wharfage; but he held, if removed from the wharf secretly and wrongfully, and afterwards brought back without fraud or force, the lier. is revived : Conkling's U. S. Admiralty, 847. 86 ADMIR'ALTY COURTS. other person or persons interve'niiig for his or their interest, maj be required to answer the interrogatories hereunto annexed.] John DbE, Lihellant. J. C. M., Proctor. District of s«. Sworn to by the libellant before me, T. L. K.,,Qlerk Dist. Court, U. S. [or B. G., U. S. Commissioner.'] ^bel against Ship and Owners by a Passenger fdf a Violation of Contract.* To the Monorahle Samuel R. Betts, Judge of the i>istrict[ Court of the United States for the Southern District of New York. The libel of Elon C. Galusha, Against the ship Pacific,' her tackle, apparel, and furniture, and against H. J. Tibbetts, master and part owner, and Frederick Griffing, the other part owner of the said ship, and all persons lai^ully intervening for their interest in the said ship, her tackle, apparel, and furniture, in' a cause of contract, civil and maritime, alleges as follows: First.' That the said ship at the several times hiereinafter stated has been and is yet lying in this port' bound on a distant voyage around Cape Horn to California. And the said H. J. Tibbetts ahd Frederick Griffing were and are the sole owners of the said ship, her tackle, apparel, and futriiture,: and are about to SJiil in the said ship on such voyage, and the said H. J. Tibbetts was and is the master of said ship ; and that the said' owners and master empjbyed Joseph Kissam as theii? agent to obtain passengers' for tlie said ship in such voyage, and otherwise to act for thend aa tTieir agent in respect to the said ^hip. Sedond. That the libellaht and other persons having seen that the said ship was advertised to sail for California, and being desirous to go to that place with despatch, they either in person or through their agent or agents, applied to the said Joseph Kis- sam for infoirmation in regard to the terms and accomiliodations of the said ship, and also as to the time of her sailing from this port, whereupon the said Joseph Kissam, so acting as ag^at fof th^ ship, then and there represented and stated to the said libellant or his agents that the said vessel was of the very best class' and con- dition, and a fast sailer, and' in order that the cabin passengers might have all the comfbrt desired and plenty of space for exercise and air, that the said owners engaged not to take more than fifty cabin passengers, and thAt' the passage money by reason thereof would be thi-e6 hundred dollars' a passenger, instead of twoliundred arid fifty dollars, the usual' charge iov such a voyage ; whereupon * See this case reported 1 Blatohford, 570 ; Aberfolye, same vol. 360. See also the case of Cope v. Dodd, 1 Harris, 33. ADMIRALTY COURTS. 87 tlie name of the libellant or his agent was left and taken, and a refusal or option given to him to go in such vessel upon such terms. That shortly thereafter the lifeellant or his agent again called, whereupon the said Kissam represented to him that another party, called the "Morgan party," had taken twenty-six berths (meaning had engaged passage for twenty-six persons), and that there were other persons speaking for the remainder of the berths, and if the libellant and his friends desired passages they must engage the same without delay. Third. That the libellant or his agents after seeing the said agent, examined the ship, found the said Tibbetts, the captain and part owner, went on board the said vessel with' him, and thereupon the said captain and part owner exhibited to the libellant or his agents parts of the vessel between the decks, Vrhere state rooms and separate apartments for each two passengers were about to be hastily prepared, the vessel having a small cabin as a freighting vessel, and thereupon the said captain and part owner represented and stated to the libellant or his agents that accommodation would be prepared for fifty passengers, and that the passengers should not be crowded, and he marked! out and' represented to the said libellant or his agents where the said state rooms were to be, and the size of the same, and certain space's which were to be left between the same for air and exercise, and represented that such state rooms were to consist of a range of separate apartments in each side of the said vessel, each of which were to be at least six feet square, well lighted and ventilated, and between the same an open space or hall was to be left for ventilation and for promenade. That he also marked and showed the libellant or his agents, how and where the bulkhead was to be built separating the cabin from the steerage, and that only fifty cabin passengers were to be taken, and that such passengers should have an equal and impartial chance of drawing for berths, which were also to be made so nearly equal in accomtnodation as to afi"ord but little, if any, choice. And that the said master and owners would not take freight to the in- convenience of the passengers, and that the said vessel would sail on or about the fifth day of January, 1849, and that in consequence of the pressure of passengers it was necessary for the libellant to engage his passage without delay. Fourth. That, rdying upon such representations and other like deceptive and unfair representations, this libellant proceeded to enter his name at $300 for a passage, ahd it being thereupon re- presented to the libellant thm he must actually pay his passage money to insure his passage, that such was the custom, and that ma,ny others had paid ; the libellant or his agents, shortly after- wards and on or aboflt th^ 2d day of January, instant, paid to the said owners or their agetits^ the sum of three hundred dollars, as and for the passage money in advance as a cabin passenger. Fifth. That the libellant being a resident of Lockport in this DO ADMIRALTY COURTS. State, relying upon the representations aforesaid, prepared him- self at much expense for such contemplated voyage ; and after being so prepared, was in attendance in this city at the time ap- pointed for the departure of the said vessel, and has been subjected to inconvenience, expense, and risk of loss, besides the loss of his time by the delay of the said vessel ; and since his arrival at this port he has ascertained, and alleges to be the fact, that the said owners have broken their positive agreement with the libellant in various particulars ; and that the representations aforesaid were deceptive, and calculated and intended to induce the libellant and others to pay or deposit their money as aforesaid, at a high price, and then to deprive them of the means of redress ; relying upon the known anxiety of the said libellant and others to proceed without delay, to induce them to overlook the many variations from and neglects of the matters so represented to the libellant. That the said owners have made and fitted up in the ship aforesaid, between decks, (calling it a cabin,) a number of berths and pretended state rooms, or separate divisions, greater than the number so repre- sented, and have filled up therewith the entire centre part of the vessel, which was to have been left open, preventing ventilation, and rendering them close, confined, and unhealthy, and have en- gaged to take and transport in and on board of the said vessel as cabin passengers, seventy-two persons, rendering it uncomfortable and unsafe for the libellant to proceed in such vessel upon the said voyage. And many of said passengers, who are represented to have paid, or to have engaged berths at three hundred dollars each, have been in part permitted to become passengers paying or engaging to pay for such passages only such $275, which cir- cumstance of itself has contributed to crowd the vessel, and is contrary to the engagement made with the libellant or his agent, and the said vessel has also been overcrowded with cargo, and the passengers greatly inconvenienced thereby. Sixth. That the libellant or his agent, and various others of the said passengers, on discovery of the matters, have demanded a return of the said passage money paid by them respectively, on failure to obtain a compliance with the representations and en- gagements aforesaid, but the same have been refused. That the libellant is unwilling to go in said vessel under such circumstances, and has sustained and will sustain damages, as he believes, beyond the amount of said passage money, to the amount of one thousand dollars. Seventh. That all and singular the premises are true, and within the admiralty and maritime jurisdiction of the United States and of this honorable Court. Wherefore the libellant prays that process in due form of law, according to the course of this honorable Court, in cases of ad- miralty and maritime jurisdiction, may issue against the said ship, her tackle, apparel, and furniture, and that the said H. J. Tibbetta AHMIRALTT COURTS. 89 and Frederick Griffing, and all persons claiming any right, title, or interest in the said ship, may be cited to appear and answer upon oath all and singular the matters aforesaid, and that the Court will be pleased to decree the return of said passage money, with interest and costs, and payment of the damages aforesaid ; and that the libellant may have such other and further relief as in law and justice he is entitled to receive; and that the said ship, her tackle, apparel, and furniture, may be condemned and gold to pay the libellant's demands. E. C. Galusha. Sworn, &c. B. H. Owen, Proctor. r! B. Cutting, Advocate. Libel in Rem hy Material Man for Materials furnished, Repairs made, ^c, against a Vessel.* f yo the honourable John K. Kane, Judge of the District Court of the United States, within and for the Eastern District of Pennsylvania. The libel and complaint of James T. Sutton, John L. Smith, Wil- liam B. Smith, George W. Hall, Benjamin H. Rush, Samuel Dobson, and Silas Yerkes, copartners, under the firm of James T. Sutton and Company, of Philadelphia, in the district afore- said. Steam Engine and Boiler Makers, against the steamship Albatross, whereof the Philadelphia and Atlantic Steam Navi- gation Company (a corporation created by and under the laws of Pennsylvania) were owners, as hereinafter mentioned, her machinery, tackle, apparel, and furniture ; and against the said Navigation Company, also against all persons lawfully inter- vening for their interest in the said steamship, in a cause of contract, civil and maritime ; and thereupon the said James T. Sutton and Company allege and articulately propound as follows : First. That the said steamship Albatross is of the burthen of about seven hundred tons, and when the work, hereinafter men- tioned, was done therefor, was a domestic vessel, and then belonged to and was in the port of Philadelphia, and owned by the said The Philadelphia and Atlantic Steam Navigation Company ; and • The Act of Assembly (Pennsylvania Pamphlet Laws, 1836, p. 618, or Bright- ly's Purdon, 64) of June 13, 1836, provides that material-men, &o., shall have a lien on domestic vessels. InWearn v. The Susan G. Owens, 1 Wallace, Jr., 359, it was held that the Uistiict Courts of the United States have power to enforce this lien by admiralty process. The 4th section of the Act provides that the claimant may file a libel in the office of the District Court or Common Pleas of the proper county, and writs, for which forms are provided by sec. 8, issue thereupon. The following form of a libel will suit for either of the State Courts, with a proper change in the address. f See this case reported in 2 Wallace, Jr., 327, and Philadelphia Reports, 423. 90 ADMIRALTY COURTS. that the said steamship has thence hitherto rema^ined,. and is now in said porti Second.' That the said ship, on or about the fifteenth daj of November, A. D. 1851, being in. the said port, in, the district afore- said, and within the ebb and flow of the tide, and within the ad-- miralty and* maritime jurisdiction of this honorable Court, and standing in need of certain new machinery, and repairs to the machinery then in her, in order to render her seaworthy and com- petent for her voyage on the high seas, the libellants did, at the request of the said The Philadelphia' and Atlantic Steam Navi- gation Company, contract and undertakes properly to furnish and repair the same for the purpose aforesaid. Third. That the libellants on the day last above mentioued, and on other days between that time and the first day of January, A. D. 1852, the Said steamship being in the said port, and withiA the ebb and flow of the tide, and within the aJteiiralty and mari- time jurisdiction of this honorable Court,, furnished the said new machinery, and did the said repairs to other machinery thereon, according to the contract alleged in the last preceding article ; the particulars of which machinery and repairs will fully appear in the accounts hereto annexed, amountiilg in the whole' to the sum of $1665.82. Fourth. That the said steamship could not with saftty have pro- ceeded to sea from said port, without the said machinery and repairs in the next preceding article alleged; and that the said machinery and repaii^s were furnished and made on the credit of the steamship, as well as of the said owners thereof. Fifth. That the said' libellants have repeatedly Jreqnested the said The Philadelphia dnd Atlantic Steam Navigation Company to pay them the said sum of $1565;82j but that they have not paid the same, and still littefly refuse so to do ; and that the said sum now remains entirely unpaid, to the damag'e of the libellants to the full sum of $1600. Sixth. That all and singular the premises are true, and within the admifaity and- maritiflae jurisdiction of this honorable Court ', in verification whereof, if denied, the libellants crave leave to refer- to the depositions and other proofs to h6> by them' exhibited in this cause. Wherefore, the libellants pray thait process, in due form' of law, according, to the course of Courts of Admiralty, and of this honors able Court in cases of admiralty and maritime jurisdictiouj may issue against the said ship,, her machinery, tackle, apparel, and' furniture, wheresoever the same may be found ; and that the said Atlantic Steam Navigation Company, and all persons having, or pretending to have, any right, title, or interest in the sai., claimant of the ship Venus, her tackle, &c., appellee. To the Circuit Court of the United States for the District of The petition of appeal of the above-named C. D. [or A. B.j respectfully shows, that a decree was lately made in the District Court of the United States, bearing date the day of , in a certain cause of admiralty and maritime jurisdiction pending in the said court, wherein the above-named A. B. was libellant, and the above named C. D. was claimant of the ship Venus, her tackle, &c„ and respondent ; in and by which said decree, it was [or was among other things] ordered, adjudged, and decreed that, &c. [here recite the substance of the decree, or of so much there- of as the appeal is intended to draw in question] ; which said decree of the said District Court [in so much thereof as is above stated and set forth] is, as this appellant is advised, erroneous, and ought to be reversed. Wherefore this appellant respectfully prays that the said decree [or that so much of the said decree as is herein before stated and set forth] may be reversed ; and that such other decree may be made by this Court, as shall be agreeable to equity and good con- science, and this appellant may be restored to all things which he has lost by said decree. And this appellant, as in duty, will ever pray. Dated this day of , 18 — . C. D. [or A. B.] E. F., Proctor. G. H., Advocate. 98 ADMIRALTY COURTS. Petition of Appeal from a Decree of the Circuit Court to the Supreme Court. [Title as before.] To the Supreme Court of the United States : The petition of appeal of the above-named C. D. [or A. B.] respectfully shows, that a decree was lately inade in the Circuit Court of the United States for the District of , bearing date the day of , in a certain cause of admiralty and mari- time jurisdiction pending in the said Court, wherein the above- named A. B. was libellant, and the above-named C. D. was defend- ant, in and by which [&c., as in the last precedent ; to the end.] Answer to Petition of Appeal. Circuit Court of the United States for the District of . [Or Supreme Court of the United Sta;tes.] [Title as before.] The answer of the above respondent, to the petition of appeal of the appellant. This respondent, not confessing or acknowledging all or any of .the matters or things to be true as in and by the said petition of appeal are contained and set forth, for answer thereunto, says, that he believes it to be true that such decree, as is complained of by the appellant, was made by the District [or Circuit] Court of the United States for the District of , as in the said petition of appeal is set forth ; but as to the date, substance, and contents thereof, this respondent humbly craves leave to refer thereto when the same shall be produced. And this respondent is advised and believes that the said decree is agreeable to justice and equity ; and he therefore prays that the same may be affirmed, and that the said petition of appeal may be dismissed by this honorable Court, with costs to be adjudged to this respondent. A. B. [or C. D.] K. L., Proctor. M. N., Advocate. PROCEEDINGS UNDER THE 30th SECTION OE THE JUDICIAL ACT OF CONGRESS, TO TAKE TESTIMONY De Bene Esse. Affidavit to obtain an order for the examination of a witness in behalf of the plaintiff . [^Alterations can he made to suit appli- cation in behalf of the defendant.^ District Court of the United States in and for the District of . [Or Circuit Court of the United States for the Circuit and District of .] John Doe "j vs. > District of ', ss. Richard Roe. ) John Doe, of , being duly sworn, says that he is the ADMIRALTY COURTS. 99 ptsimtiff in the above entitled cause : That he is advised by his counsel and verily believes, that the testimony of John Jones, at present of , mariner, [or as the ease may be,'] is material and necessary for this deponent in the prosecution of such cause : that the said John Jones lives at , more than one hundred miles from , where the Court at which this deponent expects the said cause will be tried is appointed by law to be held, [or is bound on a voyage to sea ; or is about to go out of the district in which the said cause is pending, and to a greater distance than one hundred miles, as this deponent is informed and verily believes; or is so aged ; or is so infirm, as to render it probable that he will not be able to attend as a witness at the trial of the cause.] And this deponent further says, that, as he is informed and believes, Richard Roe, the above-named defendant, resides at , about miles distant from , the place where the examination of the said witness is expected to be taken ; and that, as he is also informed and believes, Gr. H., the attorney of the said Richard Roe, resides at , about miles from , as afore- said. Order made thereon. District Court of the United States, in and for the District of . [_0r Circuit Court of the United States, for the Circuit and District of .] John Doe 1 vs. > District of , ss. Richard Roe. J Let John Jones, of , the witness named in the above (or within) affidavit, be examined de bene esse before me accordingly at , on the day of , at o'clock in the noon : [If either the defendant or his attorney resides within one hundred miles of the place of examination, then add,] and let days' notice be given to the said defendant [or to &. H., the attorney for the said defendant, as either may be nearest,] of such examination. Notice to the Opposite Party or his Attorney. District Court of the United States, in and for the District of . [Or Circuit Court of the United States for the Circuit and District of .] John Doe "J vs. > Distnct of , ss. Richard Roe. j Sir, You are hereby notified that John Jones will be examined de bene esse, before me, at , on the day of , at o'clock in the noon, as a witness for the above plain- tiff, according to the Act of Congress in such case made and pro- 100 ADMIRALTY COURTS. vided ; at which time and place you are entitled by law to be present, and put interrogatories to the said witness. Dated, &c. B. G. To Richard Roe, the above-named defendant, [or to F. &., attorney for the above-named defendant.} Depogition. Be it remembered, that on the day of ■ — , A. D. one thousand eight hundred and , John Doe personally appeared before me, B. G., a commissioner appointed under the laws of the United States to take affidavits and acknowledgments of bail, [or as the case may be,] and made oath [or if the application is made by another in behalf of the party on an affidavit made by such party, before a judge of the United States or Commissioner else- where, then say, application was made to me, B. G., &c., upon the affidavit of John Doe, stating"] that he, the said John Doe, was plaintiff in a suit then pending in the Circuit Court [or as the case maybe] of the United States, for the Circuit and District of , [or District (hurt of the ZJnUed States in and for the District of ,] wherein Richard Roe was defendant, that the testimony of John Jones, of , mariner, was material and necessary for him, the said defendant, in the prosecution of such suit, and that he, the said John Jones, lived at , more than one hundred miles from , where the Court, at which he the said defendant expected the said cause would be tried, was ap- pointed by law to be held, [or otherwise, as the case may be, accord- ing to the affidavit ;] that Richard Roe, the ah^ i^e-named defendant, resided at , about miles from aforesaid ; and that G. H., his attorney, resided at , about miles from aforesaid ; And the said John Doe requested me [or I was requested in hehalf of the said John Doe] that the said John Jones might be examined according to the directions of the Act of Con- gress, in such case made and provided. Whereupon I ordered that the said John Jones should be ex- amined de bene esse before me at ; [and that • notice should be given to the said Richard Roe (or G. H., his at- torney) of such examination, to the end that he might, if he should see fit, be present at the examination and put interrogatories ; and I having satisfactory proof that such notice had been given,*] and as well the said John Doe as the said Richard Roe [or if the de- fendant does not appear in person, or by attorney, then say, the said John Doe\ appearing before me at on this day of , I have therefore proceeded with the said examination. And the said John Jones being carefully examined and cautioned, * If both the opposite party and his attorney -reside more than one hundred miles distant, and no notice ia on that account given, the part included in brackets ia of course to be omitted. ADMIRALTY COURTS. 101 and duly sworn [or affirmed] to testify the whole truth and nothing but the truth, savth, &c., [stating carefully and clearly every perti- nent declaration of the witness, and his replies to the questions put by, or at the instance of, either party.] And I do further certify, that the preceding deposition was reduced to writing by me, [or by the said John Jones in my presence,] and signed by the said John Jones, and that I am not counsel or attorney for either of the parties to the said suit, or am I interested in the event thereof. E.G. AFFIDAVITS AND OATHS. An affidavit is an oath or affirmation reduced to Trriting, sworn or affirmed to before some officer wlio has authority to administer it. It differs from a deposi- tion in this, that, in the latter, the opposite party has had an opportunity to cross- examine the witness, whereas an affidavit is always taken ex parte. An oath is an outward pledge, given by the person taking it, that his attestation or promise is made under an immediate sense of his responsibility to God. Green- leaf on Ev. 328. Oaths are taken in various forms : a usual form is upon the Gospel, by taking the book in hand ; and the words commonly used are, " You do swear that," &c. "so help you God," and then kissing the book. The origin of this oath may be traced to the Roman law ; and the kissing the book is said to be in imita- tion of the priest's kissing the ritual, as a sign of reverence, before he reads it to the people. Sees's Cycl. Another form is by the witness or party promising, holding up his right hand while the officer repeats to him, " You do swear by Almighty God, the Sean ,,er of hearts, that," &o. " and that as you shall answer to God at the gre»t day." In . another form of attestation, commonly called an affirmation, the officer re- peats, "You do solemnly, sincerely, and truly declare and affirm, that," &c. "And so you affirm," or, "are you content?" The oath may, however, be varied in any other form, in order to conform to the religious opinions of the person who takes it. 16 Pick. 1S4 et aeq. A Jew must be sworn on the Old Testament, and with his hat on. 2 Sir. 821. A Mohammedan must be sworn upon the Koran. 2 Str. 1104. The evidence of a Gentoo, sworn according to the oeremomes of his own religion, is admissible. 1 Atk. 21. Affidavit where the Belt or Damages exceed $100. John Jones "j V. >In the Common Pleas of Erie County. William Burns, j Erie County, ss. Before me, James Skinner, Prothonotary of the Court of Com- mon Pleas, in and for the County of Erie, personally appeared John Jones, the plaintiff above named, who, being duly sworn ac- cording to law, deposeth and saith, that he doth truly believe that the debt due by William Burns, the defendant above named, to him the said John Jones, exce&ds the sum of one hundred dollars. 102 AFFIDAVITS AND OATHS. [Or, that the damage sustained by him, the said John Joaes, from William Burns, the defendant in the above action, exceeds, &c.] John Jonbs. Sworti and subscribed the tenth day of January, A. D. 1852, before me, JAMES SKINNER, Prothonotary. If a suit is brought in the Court of Common Pleas -vrithout the ahove afSdayit heing preTiously filed, and the plaintiff recoTers less than $100, he can recover no costs, except it be in a case wheret the said court has jurisdiction for a less sum than f"~" Affidavit to an Account. York county, s«. On the tenth day of January, A. D. 1852, before me, the Sub- scriber, one of the Justices of the Peace in and for the said county, personally came A. B., of — , and being duly sworn according to law, deposeth and saith, that the abova account as stated, is just and true, and that the above sum of dollars is now justly due and owing to this deponent by the above-named C D., and that the said A. B. never received the same, or any part thereof, either directly or indirectly, nor any other person for him, by his order, consent, or direction, or to his knowledge, and further saith "°*- A. B. Sworn and subscribed before me, the day and year aforesaid. WILLIAM PATTERSON, Justice of the Peace. Creneral form of an Affidavit to a Petition, ^e. Adams County, 88. Before me, the subscriber, one of the Justices of the Peace in and for the said county, personally appeared John Jones, above named, who, being duly sworn according to law, doth depose and say that the facts set forth in the above petition, [or as the case may be,] are true, to the' best of his knowledge and belief. John Jonbs. Sworn and subscribed before me, this 10th day of January, A. D. 1852. JOHN CLINE, Justice of the Peace. AFFIDAVITS AND OATHS. 103 Affidavit on an Appeal from an Award of Arlitraton. Berks County, as. Before me, John King, Prothonotary of the Court of Common Pleas of the county foresaid, appeared John Jones, the defendant in the above case, who, being duly sworn, doth depose and say, that it is not for the purpose of delay that the appeal in the above case is entered, but because he firmly believes injustice has been done him, and that he has a just and legal defence to the plaintiff's demand, the na- ture apd character of which is, [here set forth the ground of de- fence,] and further saith not. John Jones, Sworn and subscribed the 15th day of January, A. D. 1852. JOHN KING, Prothonotary. An Affidavit of Defence. John Doe }In the Common Pleas of Centre County, of January Term, 1852, No. 36. Before me, John Pacher, Prothonotary of the Court of Common Pleas of Centre County, personally appeared Richard Roe, the de- fendant above named, who being duly sworn according to law, doth de- pose and say, that he has a just and legal defence to the whole of the plaintiff's demand in the above suit, [or so much fo which a defence is made,] the nature and character of which is, [here state the facts on which the defence is founded in a clear manner, so that it may be an answer to the plaintiff's demand,] and further saith not. Richard Roe. Sworn and subscribed the 15th day of January, A. D. 1852. JOHN PACHER, Prothonotary. Affidavit of the Service of Notices, dfc. Erie County, ss. Before me, the subscriber, one of the Justices of the Peace in and for the said county, personally appeared Alfred King, who being duly sworn, doth depose and say, that he served the within on John Jones, within named, on the tenth day of January, A. D. one thousand eight hundred and fifty-two, by leavjiiig a true and attested copy thereof, at his dwelling-house in Erie, in the pre- sence of an adult member of his family. Alfked Kinii. Sworn and subscribed this 10th day of January, 1852. ALEXANDER W. BLAINE, Justice of fhe Peace. 104 AFFIDAVITS AND OATHS. Affidavit of Administrators, Executors, Assignee, Trustee, or a G-uardiark,, to a final, partial, or supplementary Account. Erie County, s«. Before me, the subscriber, one of the Justices of the Peace in and for the said county, personally appeared JoHn Duncan and James Jones, administrators aforesaid, [or executors, as^^ee, trustee, or guardian, as the case may be,] who do depose and say that the above-stated account is just and true, to the best of their knowledge and belief. Sworn and subscribed, this 10th day of January, A. D. 1852. THEODORE RYMAN, Justice of the Peace. Affidavit as to the Signature of a Witness to a Deed, who is de- ceased or absent. Washington County, ss. Be it remembered, that on the tenth day of January, A. D. one thousand eight hundred and fifty-two, before me, the subscriber, one of the Justices of the Peace in and for said county, personally appeared Richard Sill, of full age, who being duly sworn, according to law, doth depose and say, that he is well acquainted with the handwriting of Alfred King, one of the subscribing witnesses to the within , having frequently seen him write, and that he verily believes that the name of the said Alfred King, signed to the same as one of the attesting witnesses, is the proper handwriting of the said Alfred King, who is now absent, [or deceased, as the case may be.] Richard Sill. Sworn and subscribed before me, the day and year aforesaid. JOHN THOM, Justice of the Peace. Affidavit of Partner under the Limited Partnership law. Allegheny County, ss. Before me, the subscriber, one of the Justices of the Peace in and for the said county, personally appeared the above-named John Duncan, one of the general partners of the firm of , referred to in the preceding agreement, and being duly sworn, did depose and say, that the several sums of money specified therein to have been contributed by each of the special partners therein named to the common stock, to wit, the sum of , &c. &c., have been so contributed, and actually and in good faith paid in cash. John Duncan, Sworn and subscribed before me, the 25th day of February, A. D. 1852. JOHN HILAND, Justice of the Peace. AFFIDAVITS AND OATHS. 105 An Afidavit to sustain a Writ of Certiorari. Westmoreland County, ss. John Stewart, above named, maketh oath and saith that it is not for the purpose of delay, that he applies for the above-mentioned writ of certiorari, but that the proceedings proposed to be removed, are to the best of his knowledge unjust and illegal, and, if not re- moved, will oblige the said to pay more money than is justly due, and further s'aith not. John Stewaet. Sworn and subscribed before me, this 10th day of January, 1852. JAMES C. MARSHALL, Prothonotary, An Affidavit on an Appeal from the Orphans' Court to the Supreme Court. In the matter of the estate of . Erie County, ss. John Jones, being duly sworn, doth depose and say, that his ap- peal entered this day, from the sentence or appeal of the Orphans' Court [specifying the nature thereof J is not intended for delay, but because he verily believes that injustice has been done him. John Jones. Sworn and subscribed before me, this 25th day of JFebruary, A. D. 1852. JOSEPH M. STEERETT, One of the Judges of Orphans' Court of said County. Affidavit of the Publication of Notice. Bucks County, ss. A. B. V. C. D. In the Common Pleas of Bucks County, of Term, 1852, No. . E. F., being duly sworn according to law, saith that he is the publisher of a weekly newspaper in , called the , and that the above notice was published in said newspaper for — weeks, ending the day of . E. F. Sworn and subscribed before me, this 10j;h day of January, A. D. 1852. ISAAC LIGHTNBR, Justice of the Peace. 106 ArriDAViTS and oaths. Affidavit hy Wife, in Action hy Husband and Wife for* Work icne by her before marriage. Philadelphia City, ss. H. F., the wife of A. F., of the City of Philadelphia, dry f(;oods merchant, being duly sworn [or affirmed] according to law, doth depose and say that 0. D. is justly and truly indebted to the said A. F. and this deponent in five hundred dollars, for work heretofore done by this deponent whilst she was sole and unmarried, for the said C. D. at his request. H. F. Sworn and subscribed before me, this 10th day of January, 1S62. JOHN JAY, Justice of the Peace. Affidavit to support a Writ of Domestic Attachment. -Allegheny County, ss. A.B. 1 V. >J CD. j A. B., the plaintiff above named, being duly sworn, according to law, saith, that 0. D., the defendant in the above suit, is now justly indebted to him, the said plaintifif, in the sum of dollaxs and cents, for divers goods, wares, and merchandise, soM and delivered by him to the said defendant, at his request, on the tenth day of May, A. D. 1851. That the said defendant kept i store in street, in the — of —. -, and on or about the day of absconded or departed from his usual place of abode, or secreted hirnself, [as the case maj be; see 1 Miles, p. 75J with intent to defraud his creditors, as the depo- nent verily believes. That the said defendant has not left in this county a clear freehold estate sufficient to pay his debts ; and further saith not. ' A. B. Sworn and subscribed before me this 10th day of January, 1852. JOHN HIGHLANDS, Justice of the Peace. Affidavit by an Executor or Administrator, showing his Cause of Action. Jefferson County, ss. ^ A. B., of , Executor, &c., [or Administrator, &e.,] of C. D., deceased, maketh oath, and saith, that E. F., is justly and truly in- debted to this deponent as executor as aforesaid, in the sum of dollars, for to the said E. F. by the said C. D. in his life time delivered, as appears by the books of the said C. D., and as this deponent verily believes. A. B. AITIDAVITS AND OATHS. 107 Sworn and subscribed before me this tenth day of January, A. D. 1852. ■ ■ JOHN JAY, Justice of the Peace. Affidavit that the Title to Lands will come in question, in an Action of Trespass before a Justice of the Peace. ^ I Before 0. Heck, Esquire, in an action of Richard Roe, j Trespass, now pending. Erie County, ss. Richard Roe, the defendant in the above-mentioned case, doth depose and say, [or affirm, as the case may be,] that the title to lands wUl come in question in the said action above mentioned. Richard Roe. Sworn and subscribed before me this 24th day of February, A. D. lo52. C. HECK, Justice of the Peace, Oath of a Witness on a Trial, hy kissing the Book. You do swear, that the evidence which you shall give to the court and jury, in this issue joined, wherein A. B. is plaintiff and C. D. is defendant, shall be the truth, the whole truth, and nothing but the truth. So help you God. Oath of Voir dire,* hy kissing the Booh. You do swear, that you will true answers make to all such ques tions as shall be asked you by the court, touching the matter now before them. So help you God. Form of Oath of a Witness on a Trial, hy lifting up the Bight Hand. You do swear by Almighty God, the Searcher of all hearts, that the evidence which you shall give to the court and jury, in the issue joined, wherein A. B. is plaintiff and 0. D. is defendant, shall be the truth, the whole truth, and nothing but the truth, and that as you shall answer to God at the great day. * Where a party prays, upon a trial at law, that a witness may be sworn as to whether he will gain or lose by the matter in controversy, this is called a voir dire ; and if it appears that the witness is disinterested, his testimony is allowed, other- wise not. 8 JBlackstone's Com. 332. 108 AFFIDAVITS AND OATHS. Form of Oath of 'Voir dire, ly lifting up the Bight Rand. You do swear by Almighty God, the Searcher of all hearts, that you will true answers make to all such questions as shall be asked you by the court, touching the matter now before them, and that as you shall answer to God at the great day. Form of Affirmation* of a Witness on a Trial. You do solemnly, sincerely, and truly declare and aflSrm, that the evidence which you shall give to the court and jury, in the issue joined, wherein A. B. is plaintiff and C. D. is defendant, shall be the truth, the whole truth, and nothing but the truth ; and so you aflSrm. Form of Affirmation of Voir dire. You do solemnly, sincerely, and truly declare and affirm, that you will true answers make to all such questions as shall be asked you by the court, touching the matter now before them ; and so you afiSrm. Oath of Foreman of a Grand Jury, ly kissing the Book. You do swear, that as foreman of this grand inquest you will diligently inquire, and true presentment make, as well of all such matters and things as shall be given you in charge, as of those things which you shall know to be presentable here — the Commonwealth's counsel, your fellows', and your own, you will keep secret — ^you will present no one for envy, hatred, malice, or ill-will ; neither viiW you leave any one unpresented through fear, favor, affection, reward, gain, or any hope thereof — but you will present all things truly, as they shall come to your knowledge, to the best of your understanding. So help you God. Oath of the other Grand Jurors, by hissing the Booh. You, and each of you, do swear, that the same oath which your foreman hath taken to observe and keep on his part, you, and every of you, will well and truly observe and keep on your part. So help you God. * According to the laws of Pennsylvania, only such " as conscientiously refuse to take an oath,'' can be admitted to affirm. See Head's Digest, 2. , AFFIDAVITS AND OATHS. 109 Oath of Foreman of a Grand Jury, hy lifting up the Right Hand. You do swear by Almighty God, the Searcher of all hearts, that as foreman of this grand inquest you will diligently inquire, and a true presentment make, as well of all such matters and things as shall be given you in charge, as of those things which you shall know to be presentable here — the Commonwealth's counsel, your fellows', and your own, you will keep secret — you will present no one for envy, hatred, malice, or ill-will ; neither will you leave any one unpresented through fear, favor, affection, reward, gain, or any hope thereof — ^but you will present all things truly, as they shall come to your knowledge, to the best of your understanding, and that as you shall answer to God at the great day. Oath of the other Grand Jurors, hy lifting up the Right Hand. Ton, and each of you, do swear by Almighty God, the Searcher of all hearts, that the same oath which your foreman hath taken to observe and keep on his part, you, and every of you, will well and truly observe and keep on your part, and that as you shall answer to God at the great day. Affirmation of Foreman of a Grand Jury. You do Solemnly, sincerely, and truly declare and affirm, that as foreman of this grand inquest you will diligently inquire, and true presentment make, as well of all such matters and things as shall be given you in charge, as of those things which you shall know to be presentable here — the Commonwealth's counsel, your fellows', and your own, you will keep secret — ^you will present no one for envy, hatred, malice, or ill-will; neither will you leave any one unpresented through fear, favor, affection, reward, gain, or the hope thereof — but you will present all things truly, as they shall come to your knowledge, to the best of your understanding ; and so you affirm. Affirmation of other Grand Jurors. You, and each of you, do solemnly, sincerely, and truly declare and affirm, that the same oath [or affirmation] which your foreman hath taken to observe and keep on his part, you, and every of you, will well and truly observe and keep on your part ; and so you affirm. Oath of Traverse Jury, in Civil Courts, by hissing the Book. You, and every of you, do swear, that you will well and truly try the issue joined between A. B. plaintiff, and C. D. defendant, and a true verdict give according to the evidence, unless dismissed by the court, or the cause be withdrawn by the parties. So heln you God. no AFFIDAVITS AND OATHS. Oath of Traverse Jury, in Civil Courts, hy lifting up the Bight hand. You, and every of you, do swear by Almighty God, the Searcher of all hearts, that you will well and truly try the issue joined be-t tween A. B. plaintiff, and C. D. defendant, and a true verdict give according to the evidence, unless dismissed by the court, or the cause be withdrawn by the parties ; and that as you shall answer to God at the great day. Affirmation of Traverse Jury in Civil Courts. You do solemnly, sincerely, and truly declare and affirm, that 'you will well and truly try the issue joined between A. B. plaintiff, and C. D. defendant, and a true verdict give according to the evi- dence, unless dismissed by the court, or the cause be withdrawn by the parties : and so you affirm. Oath of Traverse Jury, in Criminal Courts, by kissing the Booh. You do swear, that you will well and truly try, and true deliver- ance make, between the Commonwealth of Pennsylvania and the prisoner at the bar, whom you shall have in charge, pud a true verdict give according to the evidence. So help you God. Oath of Traverse Jury, in Criminal Courts, ly lifting- up the Bight Hand. You do swear by Almighty God, the Searcher of all hearts, that you will well and truly try, and true deliverance make between the Commonwealth of Pennsylvania and the prisoner at the bar, whom you shall have in charge, and a true verdict give according to the evidence ; and that as you shall answer to God at the great day. Affirmation of Traverse Jury in Criminal Courts.. You do solemnly, sincerely, and truly declare and affirm, that you will well and truly try, and true deliverance make, between the Commonwealth of Pennsylvania and the prisoner at the bar, whom you shall have in charge, and a true verdict give according to the evidence ; and so you affirm. Oath of Witness, in Oyer and Terminer, ly hissing the Booh. You do swear, that the evidence you shall give between the Commonwealth and the prisoner at the bar, shall be the truth, the whole truthj and nothing but the truth. So help you God. AFFIDAVITS AND OATHS. Ill Oath of Witness, in Oyer and Terminer, hy luting up the Right Hand, You do swear, by Almighty God, the Searcher of all hearts, that the evidence you shall give, between the Commonwealth and the prisoner at the bar, shall be the truth, the whole truth, and nothing but the tn:(^ ; and that as you shall answer to Grod at the great day. Affirmation of Witness in Oyer and Terminer. You do solemnly, sincerely, and truly declare and aflSrm, that the evidence you shall give, between the Commonwealth and the prisoner at the bar, shall be the truth, the whole truth, and nothing but the truth ; and so you affirm. Oath of Interpreter, in Civil Courts, ly hissing the Booh. You do swear, that you will truly interpret between the court, the jury, the counsel, and the witness, in the issue joined, wherein A. B. is plaintiff, and C. D. is defendant. So help you God. Oath of Interpreter, in Civil Courts, by lifting up the Right Hand. You do swear, by Almighty God, the Searcher of all hearts, that you will truly interpret between the court, the jury, the counsel, and the witness, in the issue joined, wherein A. B. is plaintiff, and C. D. is defendant ; and that as you shall answer to God at the great day. Affirmation of Interpreter, in Civil Courts. You do solemnly, sincerely, and truly declare and affirm, that you will truly interpret between the court, the jury, the counsel, and the witness, in the issue joined, wherein A. B. is plaintiff, and C. D. is defendant ; and so you affirm. Oath of Interpreter, in Criminal Courts, by hissing the Booh. You do swear, that you will well and truly interpret between the court, the jury, the counsel, and the witness, in the issue joined between the Commonwealth and the prisoner at the bar. So help you God. Oath of Interpreter, in Criminal Courts, by the uplifted Hand. You do swear, ly Almighty God, the Searcher of all hearts, that you will well arid truly interpret between the court, the jury, the counsel, and the witness, in the issue joined, between the Common- wealth and the prisoner at the bar : and that as you shall answer to God at the great day. IK AFFIDAVITS AwD OATHS. Affirmation of Interpreter, in Criminal Courts. You do solemnly, sincerely, and truly declare and affirm, that you will truly interpret between the court, the jury, the counsel, and the witness, in the issue joined, between the Commonwealth and the prisoner at the bar ; and so you affirm. In the Forms which follow, the first blank space should be filled, according to the mode of administering an oath or affirmation, as follows, viz. : If an oath by kissing the book, fill with " swear." If an oath by uplifted hand, fill with "swear by Almighty God, the Searcher of all hearts." * If an afiJrmaticn, fill with " solemnly, sincerely, and truly declare and affirm." And the blank space at the end of said forms should be filled as follows, viz. : If an oath by kissing the book, fill with " So help you God." If an oath by uplifted hand, fill with " and that as you shall answer to God at the great day." If an affirmation, fill with " and so you affirm." Oath or Affirmation of Interpreter to a Deaf and Dumb Witness in Civil Courts. You do , that you will well and truly interpret to J. W., a witness here produced, in this issue joined, between A. B. plaintiff, and C. D. defendant, the questions and demands made by the court to the said J. W., and his answers made to them. . Oath or Affirmation of Inttrpreter to a Deaf and Dumb Witness in Criminal Courts. You do , that you will well and truly interpret to J. W., a witness here produced, in this issue joined, between the Common- wealth and the prisoner at the bar, the questions and demands made by the court to the said J. W., and his answers made to them. Oath or Affirmation of Constable who attends a Jury when they retire to determine their Verdict. You do , that you will well and truly keep this jury, in some private and convenient place, until they have agreed on their verdict ; and that you will not suffer any person to speak to them, nor speak to them yourself, without leave of the court, except it be to ask them if they have agreed on their verdict. . Oath or Affirmation of Constable to keep a Jury on an Adjournment, You do , that you will retire with the jury to some conve- nient room, to be furnished by the Sheriff; that you will not suffer any person to speak to them, nor speak to them yourself, in rela- tion to this trial ; and that you will return with them at the order of the court. . AFFIDAVITS AND OATHS. 113 Oath or Affirmation of Referees under the Act of 1810. You, and each of you, do , that you will well and truly try all matters here in variance between A. B., plaintiff, and C. D., defendant, according to the best of your judgment and the evidence that shall be laid before you. . %a«A or Affirmation of Referees, in Trespass. You, and each of you, do , that you will justly and truly assess the damages [if any] here alleged to have been sustained by A. B., against C. D., according to the best of your judgment and the evidence which shall be laid before you. . Oath or Affirmation of Referees, in Trover and Conversion. You, and each of you, do , that you will justly and truly assess the value of the property in dispute between A. B., plain- tiff, and C. D., defendant, according to the best of your judgment and the evidence which shall be laid before you. . Oath or Affirmation of Jurors in proceedings to recover Possession after Sale by Sheriff. You, and each of you, do , that you will well and trulj inquire of and concerning the premises in this summons mentioned, and assess such damages [if any] as the complainant hath sustained thereby. . Oath or Affirmation of Jurors, under Landlord and Tenant Act . of 1825. You, and each of you, do that you will well and truly inquire of and concerning the premises in this precept mentioned, and assess such damages [if any] as the complainant hath sustained thereby. '■ — . Oath or Affirmation of Claimant of Land sold hy Sheriff, in proceed- ings to deliver Possession under the Act of 16th June, 1836. I, A. B., do , that I verily believe that I am legally en- titled to hold the premises in dispute against the petitioner ; that I do not claim the same by, from, or under the defendant, as whose property the same was sold, by title derived to me subse- quently to the rendition of the judgment, under which the same was sold ; but by a different title, &c. [as the case may ie.] . 8 114 AFFIDAVITS AND OATHS. Oath or Affirmation of Inquest in Partition, in the Common Pleas. You, and every of you, do , that you will well and truly view and inquire whether the lands and tenements in this writ of partition mentioned, can be divided to and among the parties in the said writ named, without prejudice to, or spoiling the whole ; and if you find that the same can be so divided, that then you will make partition thereof accordingly ; but if you find that the same cannot be so divided according to the command of the writ, that then you will make a just valuation and appraisement thereof, ac- cording to the best of your kno'ffledge, . Oath or Affirmation of Inquest on Real Estate under Execution. You, and each, of you, do , that you will true inquiry make whether the rents, issues, and profits of the lands, tenements, and hereditaments, taken in execution by the Sheriff of -^— ^ — ^ county, by virtue of certain writs of fieri facias, which will be laid before you, are of a clear yearly value, beyond all reprizes, suffi- cient within the space of seven years to pay or satisfy the debts or damages in the said writs respectively mentioned, with costs of suit, and a true inquisition thereof make, according to the best of your judgment. . Oath or Affirmation of Inquest on Writ of Inquiry. You, and each of you, do , that you will diligently inquire what damages A. B., the plaintiff in this writ named, hath sus- tained 'against C. D., the defendant in said writ-named, as well by occasion of the premises in the said writ specified, as for his costs and charges by him about his suit in that behalf expended, and a true inquisition make, according to law. . Oath or Affirmation of Inquest on Writ of Liberari Facias. You, and each of you, do , that you will diligently in quire, and to the best of your knowledge ascertain, the clear yearly value of a messuage, plantation, and tract of land, situate, &c., with the appurtenances, in a certain writ of liberari facias, wherein A. B. is plaintiff, and C. D. is defendant mentioned, and a true inquisition thereof make, according to law and the best of your judgment. ; — . Oath or Affirmation of Arbitrators. You, and each of you, do , that in this suit, in which A. B. is plaintiff, and C: D. is defendant, you will justly and equitably try all matters in variance, submitted to you, between the parties, and a true award make, according to the evidence. . AFFIDAVITS AND OATHS. 115 Oath of Executors or Administrators. You, and each of you, do , that as Executors [or Adminis- trators as the case may be] of A. B., deceased, you will well and truly administer the goods and chattels, rights and credits, of the decedent, according to law ; and diligently and faithfully regard, and well and truly comply with the provisions of the law relating to collateral yiheritances. . Oath of a Witness to the Grand Jury. You do — , that the testimony you shall give to the grand inquest for the body of the County of -. , upon such bills of indictment whereunto you shall be examined, shall be the truth, the whole truth, and nothing but the truth. — -. . Oath of an Attorney-at-law on his admission to the Bar. You do , that you will support the Constitution of the United States and the Constitution of this Commonwealth, and that you will behave yourself, in the office of Attorney within these courts, according to the best of your learning and abifity ; and with all good fidelity, as well to the court as to the client ; that you will use no falsehood, nor delay any person's cause for lucre or malice. Oath of Clerk of Markets. You do , that you will well and truly, to the best of your skill and judgment, do and perform all things enjoined and required of you as Clerk of the Market, by the laws of this State. . Oath of Constable. You do , that you will support the Constitution of the iJnited States and the Constitution of this Commonwealth, and per- form the duties of the office of Constable for the Township of the ensuing year, with fidelity, and until you shall be legally dis- charged. . Oath of Overseer of the Poor. You do , that you will support the Constitution of the United States, and the Constitution of this Commonwealth, and perform the duties of the office of Overseer of the Poor vrith fide- lity. . 116 AFFIDAVITS AND OATHS. Oath of Appraisers of Q-oods distrained fcr Rent. You, A. B., do , that you will well and truly, according to the best of your understanding, appraise the goods and chattels of C. D., distrained on for rent by E. F. . ■ This oath the sheriff or constable, 'who is aiding and assisting in making the distress, is empowered and required to administer. Oath of Deputy Surveyor. I, A. B., do , that I will do and perform the duties of the ofiSce of Deputy Surveyor with fidelity and impartiality to all men. . Oath of Notary Public. You do , that you will well and faithfully perform the duties of your office of Ifotary Public, and that you will support the Constitution of the Commonwealth of Pennsylvania. . Oath of Sheriff and County Commissioners, before the selection of Jurors. You, and each of you, do — — ^ — , that you will use your utmost endeavors and diligence in making an impartial selection of compe- tent persons for jurors during the ensuing year, and that you will not suffer partiality, favor, affection, hatred, malice, or ill-will, in any case or respect whatever, to influence you in selecting, draw- ing, or returning of jurors ; but that you will, in all respects, honestly conform to the true intent and meaning of the Acts of Assembly, in such case made and provided. , AQBBBMBNTS. 117 ARTICLES OF AGREEMENT AND CONTRACTS. A contract is an agreement upon sufficient consideration to do or not to do » particular thing. If under seal, it is denominated a specialty, and if not under seal, an agreement by parol ; and the latter includes equally verbal and written contracts not under seal. 2 Kent's Com. sec. 39. Agreements by seal are generally of a higher consideration in law than agree- ments without a seal, or by parol ; and it is, therefore, advisable in contracts to add a seal. In effect, there is little difference between an agreement in writing without a seal, and one by parol; except that the former can be more easily proted, and is, there- fore, to be preferred. Care should be taken to have the agreement or contract clearly understood and expressed. The want of care, is a fruitful source of difficulty and lawsuits. To render an agreement complete, six things must concur : there must be, 1st, a person to contract ; 2d, a person able to be contracted with ; 3d, a thing to be contracted for ; 4th, a lawful consideration ; 5th, clear and explicit words to ex- press the agreement ; and 6th, the assent of the contracting parties. Plowd. 161 ; Co. Litt. 36, b. Articles of Agreement for the Sale of Land. Articles of agreement, made and entered into the first day of May, in the year of our Lord one thousand eiglit hundred and fifty-two, between John Jones of the City of Erie, and State of Pennsylvania, of the one part, and William Burns, of the same place, of the other part, as follows, to wit : The said John Jones, for the consideration hereinafter mentioned, doth for himself, his heirs, executors, and administrators, covenant, promise, grant, and agree, to and with the said William Burns, his heirs and assigns, by these presents, that he, the said John Jones, shall and will, on or before the first day of May, one thousand eight hundred and fifty-four, at the proper costs and charges of the said John Jones, his heirs and assigns, by good and lawful deed or deeds, well and sufficiently grant, convey, and assure, unto the said William Bums, his heirs and assigns, in fee simple, clear of all en- cumbrances, all that messuage or piece of land situate in Erie afore- said, and bounded and described as follows, [here describe the pre- mises by its boundaries.] In consideration whereof, the said William Burns, for himself, hia heirs, executors, and administrators, doth covenant, promise, and agree, to and with the said John Jones, his heirs and assigns, by these presents, that he, the said William Burns, his heirs, execu- tors, and administrators, or some of them, shall and will well and truly pay, or cause to be paid, unto the said John Jones, his execu- tors, administrators, or assigns, the sum of one thousand dollars, in manner following, to wit : two hundred dollars on the execution of this agreement, four hundred dollars on the first day of May, one thousand eight hundred and fifty-three, and the remaining four 118 AaREBMBNTS. hundred dollars on the first day of May, one thousand eight hun- dred and fifty-four, with interest payable annually on the sum or sums remaining unpaid ; and the payment of the said several sums of money is declared to be a condition precedent to the execution of the deed or deeds of conveyance aforesaid, by the said John Jones. And for the true performance of all and every the covenants and agreements aforesaid, each of the said parties bindeth himself, his heirs, executors, and administrators, unto the other, his execu- tors, and administrators and assigns, in the penal sum of two thou- sand dollars, lawful money of the United States, firmly by these presents. In witness whereof, the said parties to these presents have here- unto set their hands and seals. Dated the day and year first above written. Signed, sealed, and delivered, \ in the presence of JameS- Stilbi rufus s. loomis. James Stilbs, .^ijiSi JOHN JONES. 1 WILLIAM BURNS. Another Agreement for the Sale of Land. Articles of agreement, made and concluded the tenth day of May, in the year of our Lord one thousand eight hundred and fifty-two, between John Jones, of Erie, in the County of Erie and State of Pennsylvania, of the one part, and William Burns, of the same place, of the other part, as follows, to wit : The said John Jones agrees to sell to the said William- Burns all that certain messuage or piece of land situated, &c., [here describe the premises,], with the appurtenances, for the sum of five hundred dollars ; and will on or before the fourth day of October next, on the receipt of the said sum of five hundred dollars, at the charges of the said William Botus, execute a proper conveyance thereof, with covenant of geiieral, warranty, and against encumbrances, to the said William Burns, his heirs and assigns ; and the said William Burns agrees that, on the execution of such conveyance, he will pay the said sum of five hundred dollars to the said John Jones, or his assigns. And it is further agreed, that the conveyance shall be prepared by, and at the expense of the said William Burns, to the approbar tion of the respective counsel of the said John Jones and William Burns, and that all taxes and outgoings in respect of the premises, in the mean time, shall be paid by the said John Jones. And it is A(JEEEMENTS. 119 further agreed, that the said William Burns shall receive the rents and profits of the premises, from this date, to his proper use. And it is further agreed, that if the said conveyance shall not be executed, and the purchase-money paid, on or before the said fourth day of October next, then the said William Burns shall pay legal interest for the same from this date, unto the said John Jones. In witness whereof, the parties to these presents have hereunto set their hands and seals the day and year first above written. Sealed and delivered in \ presence of j Jambs Stiles, ■'^i^k Powell Hakpbr. .^fa^' JOHN JONES. WILLIAM BURNS. Anotlier Agreement for the Sale of Land. Agreement made and entered into the tenth day of June, A. D. 1852, between John Jones, of the City of Erie, of the one part, and William Burns, of the same place, of the other part ; witnesseth, that the said John Jones, in consideration of the sum of one hun- dred dollars now paid, and two hundred and forty dollars to be paid when a deed is executed, doth grant, bargain, and sell to the said William Burns, his heirs and assigns, all that piece of ground situated in Erie, and bounded as follows, viz : [here describe the premises by its boundaries,] together with all and singular the ap- purtenances thereunto belonging, or in anywise appertaining. And the said' parties hereby bind themselves, their heirs, execu- tors, and administrators, for the performance of all and every of the above agreement, as witness their hands and seals the day and year first above written. Signed, sealed, and delivered, \ in the presence of j Jambs Stiles, Bestbr Town. JOHN JONES. WILLLiM BURNS. Received, June 10th, 1852, of William Burns, one hundred dol lars, the first payment above mentioned. John Jones. 120 AOEEEMINTS. Agreement for the Purchase of Cordwood. It is agreed and concluded by and between John Jones, of Erie, of the one part, and William Burns, of Greene, of the other part, that the said John Jones shall, and doth hereby, sell to the said William Burns all the cordwood that shall arise from the trees and parcels of trees now growing and standing, or being upon the ground, on a certain piece of rough ground, situated, &c., [here de- scribe the ground,] after the rate of fifty cents per cord, each' cord to be in measure according to the usual measure of cordwood. And the said John Jones, for himself, his heirs, executors, and administrators, doth covenant and promise to and with the said William Burns, his, -executors, administrators, and assigns, as fol- lows, viz. That, he; the said John Jones, shall and will permit and Bufiier the said William Burns, his executors or assigns, at his or their own cost and charges, as well to cut said cordwood and convert it into charcoal, at the east end of the said piece of land, whereon the said trees, or the greatest part of them, now stand, and also to take the turf, dust, and earth from off the said piece of ground, and not elsewhere ; with free liberty of carrying away the same wood, so con- verted into charcoal, from off the said premises, the most convenient way leading to the road that leads to . And the said Wil- liam Burns doth hereby, for himself, his executors and administra- tors, covenant and promise to and with the said John Jones, his heirs and assigns, that he, the said William Burns, his executors or ad- ministrators, shall and will well and truly pay, or cause to be paid, unto the said John Jones the full and entire sum of fifty cents per cord for each and every cord measured as aforesaid, on or before the first day of April next. Witness our hands and seals this tenth day of June, A. D, 1852. Sealed and delivered in 1 presence of y James Stiles, om^^ Amos Gould. .^MlH^ JOHN JONES. WILLIAM BURNS. |L., Agreement for Building a-House. Artacles of agreement, made and concluded the first day of Au- gust, one thousand eight hundred and fifty-two, between John Jones, of Mercer, in the County of Mercer, and State of Pennsylvania, of the one part, and William Burns, of the same place, of the other Dart, as follows, viz. The said John Jones, for the considerations AGREEMENTS, 121 hereinafter mentioned, doth, for himself, his executors and adminis- trators, covenant, promise, and agree to and with the said William Burns, his executors, administrators, and assigns, that he, the said John Jones, shall and will, within the space of six months from the date hereof, in a good and workmanlike manner, and according to the best of his art and skill, well and substantially erect, build, set up, and finish one house or messuage, on Lot No. — , in such place as the said Burns shall direct, at Mercer aforesaid, of the dimen- sions following, viz., [here describe the house,] and compose the same with such stone or brick, timber, and other materials, as the said WiUiam Burns or his assigns shall find and provide for the same. In consideration whereof, the said William Burns doth, for him- self, his executors and administrators, covenant and promise to and with the said John Jones, his executors, administrators, and assigns, well and truly to pay, or cause to be paid, unto the said John Jones, his executors, administrators, and assigns, the sum of six hundred dollars, ia manner following, viz. Two hundred dollars, part thereof, at the beginning of the said work ; two hundred dollars more thereof on the first day of November next ; and the remaining two hundred dollars, in full for the said work, when the same shall be completely finished. And also that he, the said William Burns, his executors, adminis- trators, or assigns, shall and will, at his and their own proper ex- pense, find and provide all the stone, brick, tile, timber, and other materials necessary for making and building of the said house. And for the true performance of all and every the covenants and agreeifients aforesaid, each of the said parties Mndeth himself, his heirs, executors, and administrators, unto the other, his executors, administrators, and assigns, in the penal sum of twelve hundred dollars, firmly by these presents. In witness whereof, the .said parties to these presents have here- unto set their hands and seals, the day and year first above written Sealed and delivered in \ presence of J James Stiles, ■jJJ^j. Jacob Butt. JOHN JONES 122 AGEEEMBNTB. Agreement for performing Bricklayer's and Plasterer's Work, in Building a House. It is agreed, this first day of January, one thousand eight hun- dred 9,uA fifty-two, between John Jones, of Pittsburgh, of the one part, and William Burns, of the same place, of the other part, as follows, viz. The said John Jones, for the considerations hereinafter mentioned, doth, for himself, his heirs, executors, and administrators, covenant, promise, and agree to and with the said William Burns, his executors, administrators, and assigns, that he, the said John Jones', his executors or Sidministrators, in sufficient and workman- like manner, at his and their own charges, with the materials to be for that purpose provided by the said William Burns, shsill and will do and perform all the work and workmanship belong- ing to the bricklayer and plasterer in and about the erecting and building of one good and substantial new messuage or tenement, in the room and place whereon lately stood a certain house belonging to the said Burns, in Pittsburgh aforesaid ; and will build the same in such manner, and with such thickness of walls, height or stories, and such or so many lights, chimneys, and conveniences, and in such manner, and will do and perform such ornamental work about the said building, as the said Burns, his executors or assigns, shall order and direct ; and that he, the said Jones, will use his utmost care in working up the said Burns's materials for the said building to the most advantage; and will also pay and discharge all his said' workmen to be employed in and about the same ; and will com- pletely finish all the said work and workmanship belonging to the bricklayer and plasterer for building the said intended messuage, on or before the first day of September next ensuing the date hereof. In consideration of which said works so to be done and performed as aforesaid, he, the said Burns, for himself, his executors, adminis- trators, and assigns, doth covenant, promise, and agree to and with the said Jones, his executors, administrators, and assigns, by these presents, that he, the said Burnsj his executors, administrators, and assigns, shall and will well and truly pay, or cause to be paid, unto the said Jones, his executors, administrators, and assigns, for all Buch work which shall be .by him and them done and performed in and about the said building, ornamental work excepted, at and after the rate of per yard for every yard which the said work shall measure, accounting three feet square for every yard, and dollars in full for all the said ornamental work to be done and performed as aforesaid : but nothing is to be measured or paid for that is not covered with plaster, nor is any extra charge to be made or allowed for corners, arches, jambs, joiats, fireplaces, or any'iother kind of work whatever, usually or at any time rated as extra, but the whole is to be measured as plain ; and the said Burns will pay all the said money in manner following, viz. [insert the terms of payment.] AaBEBMENTS. , 123 In -witness whereof, the parties to t^l^ese presents have hereuntp Bet their hands and seals the day and year first above \yritten. Sealed and delivered in 1 presence of j James Stiles, John Butt. JOHN JONES. WILLIAM BURNS. Agreement between a Master and Journeyman Millwright. Articles of agreement made and concluded the first day of June, A. D. 1852, between John Jones, of Reading, Berks County, Penn- sylvania, of the one part, and William Burns, of the same place, of the other part. The said John Jones, for the considerations hereinafter mentioned, doth hereby covenant and agree to and with the said William Burns, in manner following, to wit : That he the said John Jones from the day of the date hereof, for and during the full term of three years, if they the said John Jones and Wil- liam Burns shall both so long live, shall and will at the now dwelling- house of him, the said William Burns, situated in Reading aforesaid, or at such other place or places, (if by him the said William Burns, from time to time so required, ordered, and directed,) work as a journeyman, and weU and truly and faithfully serve him the said WLUia.m Burns, in the business of a millwright, carpenter, joiner, turner, and in all such other arts, mysteries, and work as he, the said John Jones now is, or shall be anywise capable of doing or performing, during the term aforesaid, and that according to the best of his the said John Jones's ability, knowledge, and judgment therein ; and that he, the said John Jones, during the continuance of the said term, shall yearly work and perform the trade or busi- ness aforesaid for him, the said William Burns, in manner as fol- lows, viz : from the twenty-second day of March to the twenty- second day of September, from the hour of six in the morning to six in the evening, and from the twenty-second day of September to the twenty-second day of March, from daylight to daylight, and that daily, (sickness, Sundays, Christmas, New-year's day, , the fourth day of July, and such days as he may be lawfully required to muster as a miUtia-man, and usual hours of breakfast and din- ner and supper, only allowed and excepted.) And further, that he, the said John Jones, during the term aforesaid, shall not at any time absent himself from such service of the said William Burns, nor work, do, or perform any part of the said trade or business aforesaid, for the use or benefit of any other person or persons 124 AGEEEMENTS. vrhomsoever, without the consent of the s?iid Burns first had in Tvriting for that purpose. And the said Williani Burns doth hereby covenant, promise, and agree to and with the said John Jones, that he, the said William Burns, shall and will well and' truly pay, or cause to be paid unto the said John Jones, for his SEiid services, the sum of forty dollars per month, and board him dtoing the said time. Witness our hands and seals, the day and year aforesaid. Sealed and delivered in 1 » presence of j James Stiles. ^^^ Henry Ross. ^fSfmL JOHN JONES. WILLIAM BURNS. Agreement for the Sale of Wheat. It is this day agreed, by and between John Jones, of Butler, Butler County, Pennsylvania, and William Burns of the same place, as follows : the said John Jones, in consideration of two hundred bushels of wheat, sold to him this day by the said William Burns, and by him agreed to be delivered to the said John Jones, free of all charges, on or before the first day of January next, shall and will pay, or cause to be paid, to the said William Burns, or his assigns, within three months after such delivery, the sum of one hundred and fifty doltars. And the, said William Burns, in con- sideration of the agreement aforesaid of the said John Jones, doth promise and agree, on or before the first day of January next, aforesaid, at his own proper expense, to send in and deliver to the said John Jones, or his assigns, the said two hundred bushels of wheat, so sold him as aforesaid, and that he, the said William Burns, shall and will, warrant the same to be good, clean, and merchant- able grain. , Witness our hands and seals this tenth day of June, A. D. 1852. Signed, sealed, and delivered \ in presence of J Jambs StilbS, <»•*»*<«. Dyer Loomis. ^imMe. JOHN JONES. WILLIAM BURNS. AGREEMENTS. 125 Agreement for the Sale and Delivery of Coal. Memorandum of agreement,, made this day between John Jones and William Burns, both of Pittsburgh, as follows : that he, the said William Burns, for the consideration hereinafter mentioned, hath sold, and by these presents doth agree to deliver to the said John Jones, at his furnace in Pittsburgh, free of all charges and expenses whatsoever, three tl\ousand bushels of coal, from time to time, between the date of these presents and the first day of Janu- ary next, in such quantities and at such times as the said John Jones shall require, and the whole to be delivered on or before the said first day of January ; and the said John Jones agrees to pay to the said William Burns therefor, the sum or price of per bushel, the one-half to be paid in such wares as are manufactured at the furnace of the said John Jones, and the remaining half in cash, on the first day of January next. Witness our hands and seals this first day of November, A. D. 1852. Signed, sealed, and delivered "I in presence of / James Stiles, rilSir^ John K. Gkieb. A^fSTfe^ JOHN JONES. WILLIAM BURNS. Agreement for Letting a Mouse. It is agreed, this tenth day of March, A. D. 1852, between John Jones of the City of Erie, Pennsylvania, of the one part, and Wil- liam Burns of the same place, of the other part, as follows : the said John Jones doth agree to let unto the said William Burns, all that certain house and lot of ground, situate [here describe the premises], for one year from the first day of April next, and for such longer time after the expiration of the said one year, as both the said parties shall agree, and until the end of three months after notice shall be given by either of the said parties, to the other of them, for leaving the said premises, at, and for the yearly rent of one hundred dollars, to be paid quarterly, on the first days of July, October, January, and April, by even and equal portions, which said yearly rent, payable quarterly, as aforesaid, the said William Burns doth hereby, for himself, ms executors, and administrators, covenant and agree to pay the said John Jonos, his executors, ad- ministrators, and assigns, accordingly, for so long a time as he shall hold and enjoy the said premises as aforesaid, and until the end of the said three months next after notice shall be given by either of 126 AGEBEMBNTS. the said parties, to the other of them, for leaving the said premises as aforesaid. Witness our hands and seals, the day and year first above written. Signed,, sealed, and delivered "1 in presence of J James Stiles, James H. Hatnbs. JOHN JONES. Agreement between a ffousekeeper and Ms Lodger. It is agreed, by and between A. P., of , and 0. D., of -, as follows, viz. The said A., in consideration of the rent hereinafter mentioned and agreed to be paid to him, hath let to the said C, two rooms, up one pair of stairs in the front part of the now dwelling-house of the said A. F. situated in , together with the furniture at present standing therein; that is to say, two tables, &c. To hold to the said C. D., for the term of three years, to commence from the first of April next, at the yearly rent of fifty dollars, to be paid quarterly, to wit, on the first days of July, Octo- ber, January, and April. The said C. D., in consideration hereof, agrees to pay to the said A. F., or his assigns, the aforesaid yearly rent of fifty dollars, at the times above limited for payment thereof; and at the end of the term, or in case of any defaidt in payment, shall and will, on re- quest of the said A. F., or his assigns, immediately yield and de- liver up to him or them the peaceable and quiet possession of the said room, together with the whole furniture, he, from the first entrance thereon, there found and possessed, in good and su£5cient order and condition, reasonable wear and tear only excepted. In witness whereof, we have hereunto set our hands and seals this 25th day of February, A. D. 1852. Signed, sealed, and delivered 1 in presence of J B. K. TUXTLE, John McCokd. A. F. CD. AGREEMENTS. 127 Agreement for the Sale of aparcel of Trees growing, and for liUrty to cut them down and carry them away, ^o. Articles of agreement, made between John Jones of , of the one part, and William Burns, of , merchant, of the other part, in manner foUowing, that is to say : The said John Jones; in consideration of fifty dollars, to him in hand paid, at , by the said William Bm-ns, the receipt vrhereof is hereby acknowledged, and in consideration of the further sum of fifty dollars, to be paid by the said William Burns, his ex- ecutors or administrators, as hereinafter is mentioned, hath granted, bargained, and sold, and by these presents doth grant, bargain, and sell, unto the said William Burns, his executors, administrators, and assigns, one hundred of the oak trees, now standing and growing in and upon the farm called Brookland, in the county of , now in the tenure of John Jay, which the said William Burns, his executors, administrators, or assigns, shall think fit to choose, toge- ther with the tops and bark of aifd belonging to the said one hundred trees hereby sold. And the said John Jones, for himself, his exe- cutors, administrators, and assigns, doth covenant, promise^ and agree to and with the said William Burns, his executors, administra- tors, and assigns, by these presents, that at all, or any time or times, until the day of ', in the year of our Lord ,he, the said William Bums, his executors, administrators, or assigns, shall and may have free liberty of ingress, egress, and regress, into and from all or any part of the lands and grounds belonging to the farm aforesaid, with horses, carts, and wagons, to take, fell, cut down, and carry away the said one hundred trees, and the tops and bark thereof, to and for his and their own use and uses ; and like liberty to dig saw-pits in convenient places in the said grounds, and therein to saw, cut out, and convert all, or so many of the said trees as he or they shall think fit, for the better conveniency or carriage thereof. And the said William Burns, for himself, his executors, administra- tors, and assigns, doth covenant, promise, and agree, to and with the said John Jones, his executors, administrators, and assigns, by these presents, as foUoweth : that is to say, that within the time aforesaid, he, the said William Burns, his executors, administrators, or assigns, will choose out, and at his and their own charge fell, cut down, and carry away, the said one hundred trees so ■ sold to him as aforesaid; and in 'consideration and in full for the pur- chase thereof, shall and will truly pay, or cause to be paid, unto the said John Jones, his executors, administrators, or assigns, in addition to the sum of fifty dollars already paid, the receipt whereof is acknowledged above, the further sum of fifty dollars, in the man- ner following, viz. part thereof on the next ensuing the date of these presents, and the remaining sum of , on the next following. 128 AGEBEMENTS. In witness whereof, we have hereunto set our hands and seals this 23d day of February, A. D. 1852. JOHN JONES. WILLIAM BURNS. Agreement between-a Proprietor of a Furnace and a Man to act as Manager, ^c. Articles of agreement made and entered into the tenth day of March, in the year of our Lord one thousand eight hundred and fifty-two, between John Jones, of Harrisburg, in the County of Dau- phin and State of Pennsylvania, of the one part, and William Bums, of the same place, of the other part, as follows, viz. The said John Jones, for the consideration hereinafter mentioned, doth covenant and agree well, truly, and faithfully to serve the said William Burns, his heirs and a,ssigns, at his furnace in Harrisburg, as his book-keeper, overseer, and manager, in which occupation he is skilled, from this tenth day of March, A. D. 1852, for and during the term of one year next ensuing, and fully to be completed and ended ; during which term he, the said John Jones, shall and will be ready at all times to render just and true accounts, unto the said William Burns, of all work, matters, and things to be done and performed at the furnace aforesaid ; and shall not nor Mdll, at any time during the said term, wilfully neglect or depart from the said service or em- ployment, nor do or cause, or wilfully suffer to be done or caused, any act or thing. whatsoever to the prcfjudice of the said William Burns, his heirs or assigns, in his furnace aforesaid ; but on the contrary, shall and will order and direct all workmen, servants, and persons employed in the furnace aforesaid to do their work, service, and duty to the utmost of his skill, knowledge, and ability, and for the most profit and advantage of the said owner. ■ And the said William Burns, for himself, his heirs and assigns,^ doth covenant and agree to and with the said John Jones, his exe- cutors, administrators, and assigns, by these presents, that he, the said William Burns, shall and will well and tridy pay, or cause to be paid, unto the said John Jones, for his services aforesaid^ the just and full sum of six hundred dollars, over and Resides finding and providing for him, the said John Jones, sufficient meat, drink, washing, and lodging, during the said term ; and also shall and will, at his own proper cost and charges, supply the said John Jones with all things needful and necessary for carrying on the work of the said furnace. AGEEEMEXTS. 129 And for the true performance of all and every the covenants and agreements aforesaid, each of the said parties bindeth himself, his heirs, executors, and administrators, unto the other, his execu- tors, administrators, and assigns, in the penal sum of twelve hun- dred dollars, firmly by these presents. In witness whereof, the parties to these presents have hereunto set their hands and seals, the day and year first above written. Sealed and delivered in "I presence of I Jambs Stiles, Petbk Brown. J JOHN JONES. WILLIAM BURNS. Agreement for Sale of Land, and on Failure to Perform Cove- nants, to authorize an Attorney to enter Judgment in Ejectment and Writ to Restore Possession to Grantor. day of • A. D. Articles of agreement, made the — 18 — , by and between John Jones, of the City of Philadelphia, and State of Pennsylvania, of the first part, and John FUgg, of the Township of Mill Creek, in the County of Erie, in the same State,, of the second part : Whereas, the party of the second part hath agreed to purchase from the party of the first part a piece of land in Conneaut township, Erie County, it being [here de- scribe the land fully] and to pay therefor the sum of dollars, in the manner following, to wit : ^ dollars in hand, (the receipt of which last sum is acknowledged by the party of the first .part) and the residue or sum of in equal an- nual inatalments, with interest from the date hereof, according to the c&Qdation of a bond this day executed by the party of the second part to the party of the first part. Now these articles witness, that the party of the first part, for and in consideration of the premises and of the further sum of one dollar, lawful money to him by the party of the second part, paid at and before the execution hereof, does covenant, promise, grant, and agree with the said party of the second part, his heirs and assigns, that upon his or their well and truly keeping and performing the above covenants, and paying the said sum or sums above mentioned, as agreed to be paid, the said party of the first part shall and will suflSciently grant, convey, and assure the said piece of land with the appurtenances to the said party of the second part, his heirs and assigns. And the said party of the second part doth hereby 9 130 AGREEMENTS. covenant, promise, grant, and agree to and with the party of the first part, his heirs, executors, administrators, and assigns, that he, the party of the second part, shall and will well and' truly keep, perform, and do all the covenants and stipulations above men- tioned, by him to be done, kept, and performed, and pay or cause to be paid unto the party of the first part, his heirs, executors, administrators, and assigns, the said sum and sums of money with interest as aforesaid, on the days and times therein mentioned and agreed. And in default of the said party of the second part performing each and every one of them as above stipulated and agreed upon, it shall be lawful for any Attorney of any Court of Erie County aforesaid or elsewhere, to appear in an action of ejectment, to be brought in the Court of Common Pleas of Erie County, against the party of the second part, his heirs, executors, adtninistrators, or assigns, at the suit of the party of the first part, his heirs, executors, administrators, and assigns, and confess judg- ment thereupon against the party of the second part, his heirs, ex- ecutors, administrators, and assigns, by Non sum informatug, nihil dicit, or otherwise as to him shall seem meet, upon which a writ of habere facias possessionem may at once be issued and possession of the said premises be delivered to the plaintiff, his heirs or assigns, and for so doing this shall be his suflScient warrant. And the party of the second part, for himself, his heirs, executors, administrators, and assigns, does hereby remise, release, and for ever quit claim to the party of the first part, his attorney, executors, administrators, and assigns, all and all manner of error and errors, misprisions, misentries, and defects whatsoever in the entering of the said judg- ment or any proceedings thereon or thereto or touching the same. In witness whereof the parties have hereunto set their hands and seals the day and year first aforesaid. Sealed and (^elivered \ in presence of j JOHN JONES. AGEEEMENTS. 131 An Agreement hetween several to pay their Proportion of the Ex- penses of Defending a law suit expected to be brought against them for the Recovery of Lands. Articles of agreement made the day of , A. D. , between A. B., of , of the first part, C. D. of , of the second part, B. P., of , of the third part, as follows, to wit. Whereas L. M. and N. 0. are possessed of a certain tract of land, situate in, &c., and pretend that the bounds thereof ex- tend upon some of the respective lands of the said A. B., C. D., and E. F., by reason whereof a suit is likely to be commenced. Now the said A. B., C. D., and B. F., and every of them, do hereby covenant with each other that they, the said A. B., C. D., and E. F., and every of them, and their assigns respectively, shall and will pay their respective equal shares of all costs and damages as shall arise by reason of any such suits as shall at any time hereafter be brought against them, or any or either of them. In witness whereof, the parties have hereunto set their hands and seals, the day and year aforesaid. ^^^^ Signed, sealed, and delivered \ i^M^^ in presence of j A. B. SlBmllS CD. E. F. Agreement to extend the Time or period for the Redemption or ex- tinguishment of a Q-round-Rent. Memorandum of an agreement, made the third day of April, in the year of our Lord one thousand eight hundred and fifty-two, between W. S., of the City of Philadelphia, Merchant, of the one part, and T. D., of the said city. Carpenter, of the other part. Whereas, the said W. S., by the within indenture, dated the first day of April, in the year of our Lord one thousand eight hundred and forty-six, recorded in Deed-book R. L. L., No. 24, page 2, &c., djd grant and convey unto the said T. D., his heirs and assigns, all that certain lot, [here describe the premises particularly,] reserving thereout to him, the said W. S., his heirs and assigns, the yearly ground-rent or sum of one hundred and eighty dollars, lawful mo- ney of the United States, in half-yearly payments on the first day of the months of June and December in every year thereafter, without any deduction for taxes, &c. ; and in and by the said recited inden- ture it was provided, that if the said T. D., his heirs and assigns, should at any time within seven years from the date thereof pay oi 132 AGKBEMENTS. cause to be paid to the said W. S., his heirs and assigns, the sum of three thousand dollars, lawful money aforesaid, &c., [here follow the covenants in the within indenture,] as by reference to the said within indenture will fully appear ; and whereas, the said W. S., in consideration of the sum of one dollar, lawful money, to him in hand paid by the said T. D., the receipt whereof is hereby acknowledged, and of other good causes and considerations him hereto moving, has agreed to extend the period for the redemption or extinguishment of said ground-rent, for the further peS'iod of seven years from the first day of April, A. D. 1853 : — ^Now these presents witness, that it is hereby expressly covenanted, understood, and agreed by and between the parties hereto, that the said yearly ground-rent shall not become irredeemable by reason of the completion of the said period originally agreed upon for the redemption of the same ; but that the period fbr the redemption or extingnishmfent of the same shall be extended to the first day of April, A. D. 1860, and that the said yearly ground-rent shall' continue charged on and payable out of the aforesaid lot of ground, during said extended period, in way and manner as the same was provided for in said within inden- ture. Provided, however, and it is hereby further covenanted, un- derstood, and agreed by and between the said parties, that if the said T. D., his heirs or assigns, shall and do at any time before the expi- ration of the said extended period pay or cause to be paid to the said party of the first part hereto, his heirs and assigns, the sum of three thousand dollars, lawful money aforesaid, and the arrearages of the said yearly ground-rent to the time of such payment, then the same shall for ever thereafter cease and be extinguished, and the cove- nant for the payment thereof shall become void ; and then he, the said W. S., his heirs or assigns, shall and will, at the proper cost and charges in the law of the said T. D., his heirs or assigns, seal and execute a sufficient release and discharge of the said yearly ground-rent to the said T. D., his heirs and assigns for ever ; any thing herein or in the within indenture contained to the contrary thereof notwithstanding. In witness whereof, the said parties have hereunto set their hands and seals, the day and year first above written. Signed, sealed, and delivered 1 in the presence of us, j John BRowiir, Peter Williams. W. S. T. D. The above agreement should be acknowledged in the usual form. AGBEEMENIS. 133 An Agreement to hear Equal Charges in a law suit to be brought for the Recovery of an Estate. Articles of agreement made the day of — ■ , A- D. , between A. B., of , and C. D., of , as follows, to wit, Whereas [recite the grounds of the contemplated action or actionsj by reason whereof a suit or suits is, or are, to be com menced. And whereas it is agreed by the said parties that every of them shall pay his share of the costs and charges thereof. Now these articles witness that the said A. B. and C. D., and every of them, covenant with each other that they and every of them shall pay their respective equal shares of all the costs and damages of all and every such action and actions as are, or at any time here- after shall or may be, brought by or against them, or any or either of them. In witness whereof the said parties have hereunto set their hands and seals the day and year aforesaid. vl^il^ Sealed and delivered \ in presence of / A. fi. John Doe. 0. D. PAKTNEKaHips. — A partnership is an agreement between two or more pergong to share in the profit and loss of the use and application of their capital, labor, and skill in some lawful business, whether one supplies capital, and another gkill and labor, or each contributes both labor and cajiital. A partnership is not constituted merely by on interest of different parties in the same thing, but it depends on a participation of profits and joint liability to loss. Copartnership associations are divided into different classes, distinguished by their objects and the extent of the liability of each partner. The term general copartnership is applied to one formed for trade generally, or business generally, without limitations ; but where the joint interest extends only to a particular concern, as, for instance, the freighting of a ship, it is called a special copartnership. Another description is that of limited copartnerships, in which one or more partners put in a certain amount of capital, which is liable for the contracts of the firm, but beyond that the party or parties are not liablie. This species of sopartnership has been partially introduced into the United States ; being pro- dded for in the code of Louisiana, which is modelled on the French code, and having been introduced into Pennsylvania and New York by statutes, the pro- visions of which were closely copied from the Frettch code ; the first instance (as Chancellor Kent remarks in his Commentaries) in which any other foreign Ism than the English had been adopted in the particular structure and pro- visions of an American statute, in those States of whose codes the English law is the basis. A new work on the Law of Limited Partnerships in the United States, by Fran- cis J. Troubat, Esq., is expected to be issued from the press this year, (1852,) which, from the high reputation of the author, will, doubtless, be a valuable ac- quisition on that very important subject. The law relative to limited partnerships in Pennsylvania, as set forth in the Act of Assembly of 21st March, 1836, and the supplement thereto, of 16th April, 1838, (Dunlop'a Laws of Pa., pp. 703-5, and 857-8; Purdon's Dig. by Stroud & Brightly, pp. 921-4,) are of a nature to require great care, on the part of any one 134 AGREEMENTS. about to become a special partner, to avoid assuming tbe responsibilities and lia bilities of a general partner. The advice of able counsel should, in all such cases, be taken, prior to entering into such copartnership ; and if a copy of the law above named can be referred to by the party designing to become a special partner, it should by all means be carefully studied. Agreement between Partners, or Articles of Qopartnership. Articles of agreement made and concluded, the first day of May, in the year of our Lord one thousand eight hundred and fifty-two, between John Jones, of Lancaster, in the County of Lancaster and State of Pennsylvania, of the one part, and William Burns, of the same place, of the other part. The said parties have agreed, and by these presents do agree, to associate themselves in the art and trade of buying, selling, vending, and retailing all sorts of wares, goods, and commodities belonging to the trade or business of merchandise ; which said copartnership shall continue from the date of these presents for, during, and to the full end and term of four years next ensuing. And to that end and purpose, he, the said John Jones, hath, the day of the date of these presents, delivered in, as stock, the sum of five thousand dollars ; and the said William Burns has likewise so delivered the sum of five thousand dollars, both of said sums to be used, laid out, and employed in common between the parties to this agreement, for the management of the said business to their gene- ral advantage*. And it is hereby agreed between the said parties, each for himself respectively and for his own particular part, in manner following, that is to say : That they shall not and will not, at any time hereafter, exercise or follow the said trade or any other, during the said term, to their private benefit and advantage, but shall and will, from time to time, and at all times during the said term, (if they shall so long live,) do their best endeavors, to the utmost of their skill and ability, for their mutual advantage,' with the stock as aforesaid and the increase thereof. And also that they shall and will, during the said term, discharge equally between them the rent of the premises which they shall rent or hire for the managing of the trade or business aforesaid. And that all such profit, gain, and increase as shall arise by reason of the said joint business shall be equally and proportion- ably divided between them, share and share alike. And also all losses that shall happen in the said business, by bad debts, bad com- modities, or otherwise, shall be paid and borne equally between them. And further, it is agreed between them, that there shall be kept, during the said term and joint business, perfect, just, and true books of accounts, wherein each of the said copartners shall enter and set down, as well all the money by him received and expended in and about the said business, as also all commodities and merchandise'by AGLEEMENTS. 135 them bought and sold by reason and on account of the said copart- nership, and all other matters and things in any wise belonging or appertaining thereto, so that either of them may at any time have free access thereto. And also that the said copartners, once in twelve months, or oftener if need shall require, upon the request of any one of them, shall make and render each to the other, or to the executors and administrators of each other, a true and perfect account of all pro- fits and increase by them made and of all losses sustained ; and also of all payments, receipts, disbursements, and all other things whatsoever by them made, received, and disbursed, acted, done, and suffered in the said copartnership ; and, the account so made, shall and will clear, adjust, pay, and deliver, each unto the other, at t£e time of making such account, their equal shares of the profit so made as aforesaid^- And at the end of the said term of four years, or other sooner determination of these presents, (be it by the death of one of the said parties or otherwise,) they, the said copartners, each to the other, or, in case of the death of either of them, the surviving party to the executors or administrators of the party deceased, shall and will make a true and final account of all things as aforesaid, and in all things well and truly adjust the same ; and also, that upon making such account, all and every the stock, as well as the gain and increase thereof, which shall appear to be remaining, shall be equally parted and divided between them, the said copartners, their executors or administrators, share and share alike. In witness whereof, the said parties to these presents have here- unto set their hands and seals, the day and year first above, written. Signed, sealed, and delivered \ in presence of j James Stiles, Petbb Brown. JOHN JONES. WILLIAM BURNS. Agreement or Articles of Copartnership between two Tradesmen. Articles of agreement, made and concluded the first day of Janu- ary, A. D. one thousand eight hundred and fifty-two, between John Jones, of Pittsburgh, in the County of Allegheny and State of Penn- sylvania, of the one part, and William Bm-ns, of the same city, county, and state aforesaid, of the other part. In the first place, the said John Jones and William Burns have agreed, and by these presents do agi;pe, to become copartners together in the art or trade of painting, and all things thereto belonging, and also in buying. 136 AGREEMENTS. selling, vending, and retailing all sorts of wares, goods, and commo- dities, belonging to tlie said trade of painting ; wHch said copartner- ship, it is agreed, shall continue from the date of these presents for, and during, and until the full end and term of five years, from thence next ensuing, and fully to be completed and ended. And to that end and purpose, he, the said John Jones, hath the day of the date of the presents delivered, ia as stock, the sum of ■ — , and the said WiUiam Burns, the sum of , to be used, laid out, and employed, in common between them, for the management of the said trade of painting, to their utmost benefit and advantage. And it is hereby agreed between the said parties, and the said copart- ners each for himself respectively, and for his own particular part, in manner and form following, that is to say : That they, the said copartners, shall not and will not at any' time hereafter, use, exercise, or follow, the trade of painting aforesaid, or any other trade whatsoever, during the said term, to their private benefit and advantage; but shall and wiU, from time to time, and at all times during, the said term, (if they shall so long live,) do their and each of their best and utmost endeavors, in and l)y .all means posable to the utmost of thdr skill and power, for their joint interest, profit, benefit, and advantage : and truly employ, buy, sell, and merchandise, with- the stock as aforesaid, and the increase thereof, in the trade of painting aforesaid, without any sinister in- tention or fraudulent endeavors whatsoever. And also, that they, the said copartners, shall and will, from time to time, and at all times hereaifter, during the said term, pay, bear, and discharge, equally between them, [or otherwise, as shall be agreed upon,] the rent of the shop, which they, the said copartners, shall rent or hire for the joint exercising or managing the trade aforesaid. And . that all such gain, profit, and increase, that shall come, grow, or arise, for or by reason of the said trade or joint business as aforesaid, shall be from time to time during the said tefm, equally and proportionably divided between them, the said copartners, share and share alike, [or otherwise, as shall be agreed upon.] And also, that all such losses as shall happen in the said joint trade, by bad debts, bad commodities, or otherwise, without fraud or covin, shall be paid and borne equally and proportionably between- them, [or otherwise, as shall be agreed upon.] And further, it is agreed by and between the said copartners, that there shall be had and kept from time to time, and at all times during the said term of joint business and copartnership as aforesaid, perfect, just, and true books of accounts, wherein each of the said copartners shall duly enter and set down, as well all money by him received, paid, expended, and laid out, in and about the management of the said trade, as also all wares, goods, commodities, and merchandise, by them, or either of them, bought and sold by reason or means, or upon account of the said copartnership, and all other matters and things whatsoever to the said joint trade, and tj?e management AGREEMENTS. 137 thereof in any wise belon^ng or appertaining, •which said books shall be used in common between the said copartners, so that either of them may have free access thereto without any interrup- tion of the other. And also, that they, the said copartners, once in twelve months, or oftener if need shall require, upon the reasonable request of one of them, shall make, yield, and render each to the other, or to the executors and admini8trattM:8 of each other, a true, just, and perfect account of all profits and increase, by them or either of them made, and of all losses by them or either of them sustained, and also of all payments, receipts, disbursements, and all other things whatsoever, by them made, received, disbursed, acted, done, or suffered, in the said copartnership and joint business as afore- said ; and the same account so made shall and will clear, adjust, pay, and deliver, each unto the other at the time of making such account, their equal shares [or other proportion, as may be agreed upon] of the profits so made as aforesaid : And at the end of the said term of five years, or other sooner determination of these presents, [be it by the death of one of the said partners, or otherwise,] they, the said copartners, each to the other, or in case of the death of either of them, the surviving party, to the executors or administrators of the party deceased, shall and will make a true, just, and final ac- count of all things as aforesaid, and divide the profits aforesaid, and in all things well and truly adjust the same ; and that also upon the making of such final account, all and every the stock, as well as the gains and increase thereof, which shall appear to be remaining, whether consisting of money, wares, debts, &c., shall be equally parted and divided [or divided in such other proportions as may be agreed upon] between them, the said copartners, their executors or administrators, share and share alike. In testimony whereof, the parties to these presents have hereunto se ; their hands and seals the day and year first above written. Signed, sealed, and delivered 1 in presence of J James Stiles, Petek Brown. JOHN JONES. WILLIAM BURNS. Form for Artieles of Copartnership between two merchants, one of whom has been engaged in the business to be conducted by the ' firm. Articles of agreement made and concluded the day of , in the year of our Lord eighteen hundred and fifty , 138 AGREEMENTS. V between A. B. of the city of Philadelphia, of the one part, and C. D. of the said city, of the other part. The said A. B., heretofore trading in the business of , in the city aforesaid, has agreed, and by these presents doth agree, with the said 0. D., to associate as copartners under the firm of A. B. ^ Oompany, for the prosecution of the aforesaid business of , upon the following terms and conditions, to wit : — 1. Said copartnership shall continue from the date of these pre- sents, for and during the full term of -^ years, unless dissolved before the expiration of said term by the mutual consent of the parties thereto, or by the death of one of the copartners. 2. The said A. B. has, on the day of the date of these presents, delivered to the aforesaid firm of A. B. ^ Oompany, merchandize at an appraised valuation of twenty thousand [or as the case may Je] dollars, mutually agreed upon by the parties to this agreement, the receipt of which merchandize is hereby acknowledged. 3. The said A. B. shall not be at liberty to draw from the funds in the hands of the aforesaid firm of A. B. ^ Company, for his private use, a sum greater in amount than two thousand [or as the case may Je] dollars, in any period of one year, counting from the date of this agreement, while said copartnership shall last. Add the said C. D. shall not be at liberty to draw from the funds in the hands of the aforesaid firm oi A. B. ^ Qomp(imyr,tQx his pri- vate use, more than one thousand [or as the case may 6e] dollars, in any period of one year, counting from the date of this agree- ment, while said copartnership shall last. 4. Neither of the aforesaid copartners shall, at any time during the continuance of said copartnership, exercise or follow the said business of — , or any other business, to his privalte benefit and advantage ; but each of said copartners shall and will, at all times- during the continuance of said copartnership, use his best endeavors, to the utmost of his skill and ability, for the benefit of the said firm. Nor shall either of said copartners, during the continuance of this copartnership, without the consent of his copartner, enter into any deed, covenant, bond, or judgment, or become bound as bail or surety, or give any note, or accept or en- dorse any bill of exchange, for himself and his copartner, with or for any person or persons whatsoever, without the consent of his copartner being first obtained. 5. In the event of any disagreement between the said copart- ners, it is hereby agreed that the subjects of disagreement shall be submitted to the arbitration of two disinterested men, one to be selected by each of the two parties to this agreement ; and in the event of said arbitrators not agreeing as to an award, th^y mutu- ally to select a third arbitrator. And the award of a majority of said arbitrators shall be final and binding upon the parties to this agreement. AGREEMENTS. 139 6. Whenever the aforesaid copartnership shall be dissolved, whether by the expiration of the term hereinbefore mentioned, or otherwise, the surplus of the assets of the firm, after the payment of all just debts of said firm, shall be applied, first, to the repay- ment to said A. B. of the before-mentioned capital of twenty thousand dollars contributed by him, together with interest thereon, at the rate of six per centum per annum ; and the remainder of the assets shall be apportioned among the parties to this agree- ment as follows, namely : — two-thirds [or as the case may he'] of said remainder to the said A. B., and one-third \or as the case may he] thereof to the said C. D. 7. In the event .of the dissolution of the aforesaid copartnership by the death of either of said copartners, the survivor shall pro- ceed, with all proper despatch, with the settlement of the afiairs of the firm ; and' should any disagreement arise between said surviving copartner and the executors or administrators of the deceased copartner, the matter in dispute shall be referred for adjustment to two disinterested men, one to be chosen by the sur- viving copartner, and the other by the executors or administrators of the deceased copartner ; and, in the event of said arbitrators not agreeing as to an award, they mutually to select a third arbi- trator ; and the award of a majority of said arbitrators shall be final and binding upon the said surviving copartner, and upon the heirs, executors, and administrators of the deceased copartner. In witB|ss whereof, the said parties to these presents have here unto set their hands and seals the day and year first above written Signed, sealed, and delivered 1 in presence of us, ) of West Philadelphia, in the said county, to cat-ry on the business of dry goods merchants in the City of Philadelphia^ under the name^ style, and firni of A. B. & Company ; and they hereby require the Prothonotary of the said Court to enter and file the same of record, in pursuance of the pro* visions of the Act of Assembly of the 14th of April, 1861. # A.B. C.D- E.F. Philadelphia, March 5, 1852. > Oeftifi^ate of Change of Copartners in a Firm. In the Court of Common Pleas of Philadelphia County. This is to certify, that the partnership heretofore existing between A. B., of the City of Philadelphia, C. D., of Kensington, in the County of PhiWelphia, and E. P., of West Philadelphia, in thp said comity, under the name, style, and firm of A. B. & Company, has been dissolved by the withdrawal of the said '&. F. from the said firm; and that the remaining partners, to witj the said A. B. and C. D., with Gr. H., of the said ciiy, hare forilled a hew partner- ship, to carry on thie business of dry goods merchants in the City of Philadelphia* under the said name and style of A. B. k Com- pany ; and they hereby reqiiire the Pi-othonOtai-y of the said Court to enter and file the same of record, in pursuance of the provisions of the Act of Assembly of the 14th of April, 1851. CD. G.H. Philadelphia, October 12, 1852. AGREBMENTS. 141 Limited Partnerships. — The foUowing forms are in contormity with the Act of Assembly of Pesmsylyania, of 2lBt ilarch, 1886, and the supplement thereto of 16th April, 1838. Agreement, or Articles of Limited Copartnership, in accordance with the Act of Assembly of Pennsylvania^ of 21st March, 1836. Articles of agreement made and concluded, on the first day of April, in the year of our Lord one thousand eight hundred and fifty-two, between William White, of the City of Philadelphia, Book- seller, Publisher, and Stationer, of the first part, Peter Jones, of the said city, Bookseller, Publisher, and Stationer, of the second part, and David Wilkins, of the City of Lancaster, Attorney at Law, of the third part. The said pfirties have agreed, and by these presents do agree, to associate themselves, in a limited partnership, for carrying on, in the City of Philadelphia, the art and trade of manufacturing, pub- lishing, purchasing, and selling of books and stationery, under the firm of White & Jones ; the said William White and Peter Jones being general partners, and the said David Wilkins a special part- ner: that said copartnership shall commence at the date of these presents, and terminate on the thirty-first day of March, in the year of our Lord one thousand eiglit hundred and fifty-five : that the said David Wilkins, as special partner, has contributed thirty thousand dollars in cash to the capital stock of the said firm of White & Jones : that the said William White, as a general partner, has con- tributed in cash [or otherwise, as the case may be] the sum of twenty thousand dollars ; and that the said Peter Jones, also as a general partner, has contributed the sum of ten thousand dollars m>. cash [or otherwise, as the case may be] to the capital stock of the said firm. It is further agreed, that the interest in the capital stock afore- said of the said David Wilkins, special partner, shall entitle him to thirty per cent, of the yearly profits of the business of the said firm ; that the interest of the said William White shall entitle him to forty- five per cent. ; and that the interest of th« said Peter Jones shall entitle him to twenty-five per cent, of the yearly profits aforesaid; And it is mutually understood and agreed by and between the par- ties to this agreement, that whatever portion of the annual profits BO apportioned to the respective parties shall be allowed, by either of the parties aforesaid, to remain with said firm for the use and benefit of all the parties to this agreement, said portion of profits BO remaining shall draw interest, which said interest shall be paid to the party so entitled thereto, on the thirty-first day of December in each and every year during the term of this contract. And it is hereby further agreed between the said parties in man- ner following, that is to say : That tte said William White and Peter Jones shall not and will not, at any time hereafter, during the said term of partnership, ex- ercise or follow the, said tirade, or any other, to their private benefit 142 A6EEEMBNTS. and advantage ; but shall and will, from time to time, and at all times, dm-ing the said term, (if they shall so long live,) do their best endeavors, to the utmost of their skill and ability, for the mutaal advantage of the parties to this contract, with the capital stock as aforesaid and the increase thereof. And further, it is agreed between the parties to this contract, that there shall be kept, under the direction of the said general partners, during said term of copartnership, perfect, just, and true books of account, wherein shall be entered and set down, as well all the money received and expended in and about the said business, as also all commodities and merchandise bought and sold by reason and on account of the said copartnership, and all other matters and things in any wise belonging or appertaining thereto ; and that either of the parties to this agreement may at any time have free access thereto. And also that there shall be furnished, under the direction of the said general partners, to each of the parties to this agreement, his executors or administrators, on the thirty-first day of December in each and every year during the term of this agreement, a just and true account of all profits and increase made and of all losses sus- tained by said firm. And at the expiration of the said term of three years there shall be furnished, under the direction of said general partners, their executors, administrators, or assigns, to each of the parties to this agreement, his executors, administrators, or assigns, a true and final account of all things pertaining to the business of said copartnership as aforesaid ; and upon the making and rendering of said account, all and every the capital stock re- maining, as well as any gain and increase thereof which shall appear, shall be parted and divided between the said copartners, and delivered to them severally, their executors, administrators, or assigns, in the proportions before named, that is to say : to the said David Wilkins, special partner, thirty per cent. ; to the said William White, general partner, forty-five per cent. ; and to the said Peter Jones, general partner, twenty-five per cent. In witness whereof, the said parties to these presents have here- unto set their hands and seals, the day and year first above written. Signed, sealed, and delivered, "I in the presence of j James Stiles, Peter Bbown. WILLIAM WHITE. PETER JONES. S. said city, perssnally came and appeared, on this first day of April, in the year of our Lord one thousand eight hundred and fifty-two, , the above-named William White, Peter Jones, and David Wilkins, who severally, in due form of law, acknowledged the foregoing Cer- tificate as and for their and each of their act and deed, to the end that the same might as such be recorded. Witness my hand and seal the day and year aforesaid. JOHN THOMPSON, Alderman. ^iSI Affidavit of one of the G-eneral Partners, stating the svjm specified in the Certificate as contributed by the Special Partner, to have been aetvtally paid in cash ; in accordance with the Act of As- sembly of Pennsylvania, of 21st March, 1836. City of Philadelphia, ss. Before me, the subscriber, one of the Aldermen in and for the said City, personally came and appeared, on this first day of April, in the year of our Lord one thousand eight hundred and fifty-two, William White aforenamed, one of the general partners in the firm of White & Jones, referred to in the preceding certificate, and being duly sworn, [or affirmed,] he did depose and say, that the sum [or "several sums," if there be more than one special partner] specified in the said certificate to have been contributed by the special partner [ or " each of the special partners," if there be more than one] therein named, to the common stock, to wit, thirty thousand dollars by the said David Wilkins [or the sum contributed by each special partner, where there is more than one] has been so contributed, and actually and in good faith paid in cash. William White. Subscribed and sworn before me, the day and year aforesaid. JOHN THOMPSON, Alderman. The Act of Assembly of Pennsylvania, of 21st Marcli, 1836, requires that the partners to a Limited Partnership "shall puhlish the terms ofpartnejEship, when registered, for at least six weeks immediately after such regiatey^ in, two news- papers, to be designated by the Recorder of Deeds of the county in which guch registry shall be made, and to be published in the county or counties in which their business shall be carried on ; and if such publication be not made, the part- nership shall be deemed general." It also provides that " A^davits of the publi AGREEMENTS, 1-15 eation of such notice, by the 'printers of the newspapers in which the same shall be published, may be filed with the Eeoorder directing the same, and shall be evidence of the facts therein contained." Advertisement of Limited Partnership, in accordance with the Act of Assembly of Pennsylvania, of 21st March, 1836. We, the subscribers, have this day entered into a Limited Part- nership, agreeably to the provisions of the Act of Assembly of the Commonwealth of Pennsylvania, passed the first day of March, 1836, entitled, "An Act relative to Limited Partnerships," and do hereby certify that the name of the firm under which said partner- ship is to be conducted is White & Jones ; that the general nature of the business to be transacted is the manufacture, publication, purchase, and sale of books and stationery, [or otherwise, as the general nature of the business may be,] and the same will be trans- acted in the City of Philadelphia ; that the names of the general partners of said firm are William White and Peter Jones, both of the City of Philadelphia, and the special partner is David Wilkins, of the City of Lancaster ; that the capital contributed by the said David Wilkins, Special partner, is thirty thousand dollars, in cash : that the period at which the said partnership is to commence is the first day of April, one thousand eight hundred and fifty-two, and that it will terminate on the 31st day of March, one thousand eight hundred and fifty-five. WILLIAM WHITE, PETER JONES, General Partners. DAVID WILKINS, Special Partner. Philadelphia, April 1st, 1852. Affidavit of Publication of the Terms of Partnership, which may be filed with the Recorder of Deeds, in accordance with Act of Assembly of Penna., of 'Ust March, 1836. City of Philadelphia, ss. Before me, the subscriber, one of the Aldermen in and for the said City, personally came and appeared on this twenty-fifth day of May, one thousand eight hundred and fifty-two, James Brown, printer of the " Public Ledger," and being duly sworn, [or aflBrmed,] he did depose and say that the precemng advertisement of the Terms of the Limited Partnership between the persons therein named, had been published in the "Public Ledger," a newspaper 10 146 AGREEMENTS. published in said city, for the term of six weeks, next and iiiime» diately after the day of the registry of the certificate. Jambs Bkown, Subscribed and sworn before me, the day and year aforesaid. JOHN THOMPSON, Aldermifn. ^iPJB An Agreement to continue a Partnership, hy Endorsement on the old Articles. We, the within-named John Jones and William Burns, do by these presents, endorsed, declare and mutually covenant and agree, unto and with each other, our and each of our executors and admi- nistrators, to continue the joint trade and partnership within men- tione(^ for the further term of three years, if both of us shall so long live, to be accounted for, from the expiration of the five years within limited for the continuance of the same, with the joint stock, and under and subject to the seMeraJ covenants and agreements within expressed and contained. In witness whereof, we have hereunto 'set our hands and sealg, the tenth day of January, A. D. one thousand eight huiidred and fifty-two. Sealed and delivered in \ presence of ) James Stiles, Peter Bkown. JOHN JONES. The law in relation to limited partnerBhips, in Pennsylvania,, rsquires that " every renewal or continuance of such partnership beyond the time originally fixed for its duration, shall be certified, acknowledged, and recorded, and an affi- davit of a general partner be made and filed, and notice be given in the manner herein required for its original formation, and every such partnership -which shall be otherwise renewed or continued, shall be deemed a general partnership ;" and further sets forth that " every alteration which shall be made in the names of the partners, in the nature of the business, or in the capital or shares thereof, or in any other matter specified in the originij certificate, shall be deemed a dissolution of the partnership, and every such partnership which shall in any manner be carried on after any such alteration shall have been made, shall be deemed a AGREEMENTS. 147 general partnersliip, unless renewed as a special partnership aeoording to the provisions of the last section" just above quoted. The following section of the ai«vve-*aDliexi law has relation atf well to the origi- nal designation or style of the firm as to that which shall he assumed after a change in the parties to the copartnership. Strict compliance with said requisi- tion in all cases of limited partnership being required, it has been deemed of sufficient importance to warrant its insertion here : — " The business of the partnership shall be conducted under a firm, in which the names of the general partners only shall be inserted without the addition of the word ' com- pany,' or any other general term, and if the name of any special partner shall be used in sfteli firffl^ with his privity, he shall be deemed a general partner." An Agreement for the Relinquishment, ly one of the Partners of his Interest in the Copartnership, to the other Partners. This indenture, made between J. M., of the City of Philadelphia, of the one part, and J. W. and L. W., of the same city, of the other part, witnesseth: That whereas the said J. M., J. W., and L. W. have heretofore dealt together as copartners, and by their joint trading,- many goods, wares, and debts are due unto them, wherein every of them hath an interest, and likewise the said parties are become indebted to divers other, persons concerning the said joint trading : Now the said J. M., in consideration of the sum of paid by the said J. W. and L. W., the receipt whereof the said J. M. doth hereby actnowledge, doth consent to sever himself from the said joint trading and copartnership with the said J. W. and L. W., and doth hereby grant, assign, and transfer unto the said J. W. and L. W. all the right, property, and interest whatsoever, which he, the said J. M., hath or should have, in and to all and sin- gular, the goods, wares, merchandise, and debts, mentioned in and by the balance of an account hereto annexed. And the said J. M., for himself, doth covenant with the said J. W. and L. W., that the said account is just and true, and that the said J. M. hath not received or discharged, and that he shall not receive of discharge, any of the goods or debts mentioned in the said account, or do any act to hinder the said J. W. and L. W. from receiving the same ; but will permit the said J. W. and L. W. to recover and receive the same to their own use, without any account to be rendered therefor to the said J. M., and that the said J. M., upon request, will do any reasonable act which may be necessary or convenient to assist the said J. W. and L. W. to recover and receive the same. And the said J. W. and L, W., for themselveSj do covenant that they will, at all times hereafter, pay and satisfy all the creditors to whom the said J. M. standeth chargeable or indebted, for and con- cerning all the affairs and dealings of the said firm mentioned, and will at all times hereafter indemnify and save harmless the said J. M., his heirs, executors, and administrators, from all the debts and liabilities, and every of them, of the said firm. 148 AaBEEMENTS. In witness whereof, we have hereunto set our hands and seals, this fourth day of March, A. D. one thousand eight hundred and fifty-two. Signed, sealed, and delivered \ in presence of us, j J. H. FULLBETON, Oi^,f, J. H. Williams. ^^ik J- M. ^11 J.W. L.W. Dissolution of Partnership, WTiereas, by agreement made the tenth day of August, A. D. 1850, John Jones and William Burns, of the City of Pittsburgh, did enter into copartnership, for the purpose of carrying on the business of merchandising, for the term of two years : And whereas, the said John Jones wishing to discontinue and decline the joint partnership entered into as aforesaid, he, the said John Jones, hath proposed to his said partner, William Burns, a dissolution, to which proposition the said William Burns hath as- sented : The parties therefore mutually consent and agree, by these pre- sents, that the said partnership heretofore existing between them be this day dissolved, and it is Bjccordingly dissolved. And it is further stipulated and agreed mutually between them, that William Burns do take the entire stock of goods and merchan- dise now on hand, belonging to the partnership, at a valuation to be set upon the same by three competent persons mutually appointed to value the same ; and that he also have power to collect the debts now due to the partnership, and to recover all and any part of the same, in the name of the firm, by suits at law or otherwise. And that finally, the said William Burns do pay over to the said John Jones, or his legal representatives, the full share and profits which shall appear to be due to the said John Jones, in six months after the date hereof. AGEBEMENTS. 149 Witness our hands and seals, this first day of January, A. D. 1851. Sealed and delivered in "I presence of j James Stiles, Peter Bkown. JOHN JONES. WILLIAM BURNS. Immediately after a dissolution of copartnerBliip, a notice should be published in the public papers to that effect, for the mformation of the public at large, and a special notice should be sent to eyery person who has had dealings with the com- pany. If these precautions are omitted, each of the partners wiU still be liable, as before the dissolution, for the acta of the others, to all persons not having had notice of said dissolution. Public Notice of a Dissolution of Partnership. Notice is hereby given, that the partnership lately subsisting between A. B. and 0. D., of , under the firm of B. & D., expired on the day of , [or was dissolved, on the day of , by mutual consent, or according to circum- stances.] All debts owing to the said partnership are to be re ceived by said A. B., and all demands on the said partnership are to be presented to him for payment ; [or A. B. is authorized to settle all debts due to and by the company.] A.B, CD Public Notice of a Dissolution of Partnership by the Betirement of one of the Partners, and of the Continuance of the Business bg remaining Partners. Notice is hereby given, that the partnership between A. B., C, D., and E. E. was dissolved on the day of , so far as relates to the said E. F. All debts due to the said partnership are to be paid, and those due from the same discharged, at , where the business will be continued by the said A. B. and 0. D., imder the firm of B. & D., [or varied to suit circumstances.] A.B. CD E B 150 AGREEMENTS. Covenants and Clauses to he inserted in Partnership Contracts, when Tlmt the expressed opinion of the majority of the Partners shall bind the whole of them. That, in all matters respectiflg the general transactions of the partnership and the management of the business, the expressed wish and opinion of the majority of the parties to this agreement shall govern and be binding on the whole of said parties. Not to trust any one whom a Copartner shall forbid. And that neither of the said parties shall sell on credit any goods or merchandise belonging to the said joint trade, to any person or persons, after notice ip writing from the other of the said parties that such person or persons are not to be credited or trusted. Not to be bound or endorse bills. And that neither of the said parties shall, during this copartner- ship, without the consent pf the other, enter into any deed, covenant, bond, or judgment, or become bound as bail or surety^ or give any note, or accept or endorse any bill of exchange, for himself and partner, with or for any person whatsoever, without the consent of the other first had and obtained. Neither purty, to assign his ixitfiresl. And it is agreed between the said parties that neither of them shall, without the consent of the other obtained in writing, sell or assign his share or interest in the said joint trade to any pei-son or person whatsoever. Parties to draw quarterly. And that it shall be lawful for each of them to takp out of the cash of the joint stock the sum of dollars quarterly, to his own uscj the same to be charged on account; and neither of them shall take any further sum for his own separate use without the con- sent of the other in writing ; and any such further sum, taken with such consent, shall draw interest after the r^tf of six per cent., and shall be payable, together wifh the interest due, within — ^ -. days aftar notice in writing given by the other pf the said parties. AGREEMENTS. 151 Articles of Separation between Husband and Wife. This indenture, of three parts, made the day of ■ one thousand eight hundred and , between A. B., of the City of , of the first part, and C. B., his wife, of the second part, and E. F., Trustee of the said C. B., of the third part : Whereas, divers disputes and unhappy differences have arisen be- tween the said party of the first part and his said wife, for which reason they have consented and agreed to live separate and apart from each other during their natural lives, therefore this indenture witnesseth, that the said party of the first part, in consideration of the premises, and in pursuance thereof, doth hereby covenant, pro- mise, and agree to and with the said Trustee, and also to and with his said wife, that it shall and may be lawful for her, his said wife, at all times hereafter, to live separate and apart from him ; and that he shall and will allow and permit her to reside and be in such place and places, and in such family and families, and with such relations, friends, and other persons, and to follow and carry on such trade or business, as she may from time to time choose or think fit to do ; and he shall not nor will not at any time compel her to live with him, or molest, disturb, or trouble her for living separate and apart from him, nor sue, molest, or trouble any other person whomsoever for receiving, entertaining, or harboring her ; and that he will not, without her consent, visit her or knowingly enter any house or place where she shall dwell, reside, or be; nor shall or will, at any time hereafter, claim or demand any of her money, jewels, plate, clothing, household goods, furniture, or stock in trade, which she now hath in her power, custody, or pos session, or procure, or which shall be devised or given to her, or that she may otherwise acquire ; and that she shall and may enjoy and absolutely dispose of the same, as if she were a, feme sole and not married ; and further, that said party of the first part shall and will well and truly pay or cause to be paid unto her, his said wife, for and towards her better support and maintenance, the yearly sum of dollars, free and clear of all charges and deductions whatever, for and during her natural life, upon the first day of Ja^ nuary, April, July, and October in each and every year during her natural life. And the said Trustee, in consideration of the sum of one dollar to him duly paid, doth covenant and agree to and with the said party of the fiirst part to indemnify and bear him harm- less of and from all debts of his said wife, contracted, or that may hereafter be contracted, by her or on her account ; and if the said party of the first part shall be compelled to pay any such debt or debts, the said Trustee hereby agrees to repay the same on demand to the said party of the first part, with all damage and loss that he may sustain thereby. 152 AGREEMENTS. In witness wnereof, the parties have hereunto set their hands and seals, this fifth day of May, A. D. one thousand eight hundred%ind fifty-two. Signed, sealed, and delivered \ in the presence of j William Brown, Feieb James. A.B. C.B. E.F. An Agreement in relation to Party Walls. This agreement, made the tenth day of January, A. D. one thousand eight hundred and fifty-two, between John Jones, of Erie, in the County of Erie and State of Pennsylvania, of the one part, and William Burns, of Erie, in the county and state aforesaid, of the other part, witnesseth : That whereas, the said John Jones is seized or possessed of a cer- tain lot or piece of ground situate in Erie aforesaid, and described as follows: [here insert the description of the land of the party of the first part ;] and whereas, the said William Burns is seized or possessed of a certain lot or piece of ground situate in Erie afore- said, and described as follows : [here insert the description of the land of the party of the other part,] adjoining and contiguous to the said before-mentioned and described lot of ground of him the said John Jones ; and whereas, the said William Burns has lately erected on his own lot aforesaid, and along the division line between the above-mentioned lots, a brick tenement or building, of the length of feet, and of, the height of stories, the end of which tenement is at the distance of — ■ feet from the front of the said lots, or street aforesaid. [Add here any other matter necessary to explain the transaction.] Now this indenture witnesseth, that the said WiUiam Burns doth hereby covenant, promise, grant, and agree, that the said John Jones, his heirs and assigns aforesaid, shall and may at all times hereafter, have the full and free liberty and» privilege of joining to the said wall of the said brick tenement, as well belov as above the surface of the ground, and along the whole length or any part of the length thereof, any building which he or they, or any of them, may desire, or have occasion to erect on the said lot along the divi- AGREEMENTS. 153 sion line aforesaid, and to use and enjoy the said wall or any part tlielfeof, as a wall of the building or buildings so to be erected, and to sink the joists of such building or buildings into the wall afore- • said, to the depth of inches and no further. Provided always, nevertheless, and on this express condition, that the said John Jones, his heirs and assigns as aforesaid, before proceeding to join any other buildings to the said wall, and before making any use thereof, or breaking into the same, shall pay, or secure to be paid, unto the said WilUam Burns, his heirs and assigns aforesaid, the full moiety, or one-half part of the value of the said wall, or so much thereof as shall be joined or used as aforesaid, which value shall be fixed and assessed by . In witness whereof, we have hereunto set our hands and seals this day of , A. D. . Agreement for Renewing a Policy of Insurance hy Endorsement. By agreement of the parties, the within policy is renewed for years, from the period within mentioned for the expiration thereof, upon the terms and consideratious within mentioned and contained. This renewal expires on the day of , A. D. , at o'clock. Sealed with the seal of the corporation, this day of , A. D. . An Agreement to he signed by an Auctioneer, after a Sale hy Auction. I hereby acknowledge, that C. D. has been this day declared the highest bidder and purchaser of [describe the real, estate] at the sum of ; and that he has paid into my hands the sum of as a deposit, and in part payment of the purchase-money ; and I hereby agree, that the vendor shall in all respects fulfil the conditions of sale. Witness my hand and seal at Erie, this day of . H. BATES, It wovdd be well to have the conditions of sale annexed, and refer to them by Baying, Iiereunto annexed. An Agreement to he signed hy the Purchaser, after a Sale at Auction. I hereby acknowledge, that I have this day purchased at public auction all that [describe the real estate] for the sum of , and have paid into the hands of H. Bates the sum of as a 154 AGREEMENTS. deposit, and in part payment of the said purchase-money ; and I hereby agree to pay the remaining sum of unto [the vender,] 'at , on or before the day of ; and in all other respects, on my part, to fulfil the annexed conditions of sale. ' Witness my hand and seal at Erie, this day of . JOHN DOE. [Here may follow the conditions of sale.] An Agreement between several persons to pay their Proportion of the Expenses of Defending a Lawsuit expected to be brought against them for the recovery of Land. ^ Articles of agreement between A. B., of , of the first part, C. D., of , of the second part, and D. E„ of ; — , of the third part : .Whereas, L. M. and N. 0. are possessed of a certain tract of land situated in, &c., and pretend that the bounds thereof extend upon some of the respective lands of the said A. B., C. D., and B. P„ by reason whereof a suit is likely to be commenced. Now the said A. B., 0. D., and E. F., and every of them, do hereby covenant with each other, that they, the said A. B., 0. D., and E. F., and every of them, and their assigns respectfully, shall and will pay their respective equal shares of all costs and damages as shall arise, by reason of any such suit as shall at any time hereafter be brought against them or any of them. In witness whereof, we have hereunto set our hands and seals, this —. day of . §i^ned, sealed, and delivered "I in presence of J Walter Chester, C. M. TiBBALS. A. B. CD. £. F. ASEEEMENTS. 155 An Agreement to hear e^dl Charges in a Lawsuit to be brought for the Itecovery of an Estate. Articles of agreement between A. B., of , of the first part, C. D., of , of the second part, and E. F., of —■ , of the third part : Whereas, [here recite the grounds of the contemplated action,] by reason whereof a suit or suits is or are to be commenced ; And whereas, it is agreed by the said parties, that every of them ^shall pay his share of the costs and charges thereof. Now these articles witness, that the said A. B., C. D., and E. P., and ievery of thein, covenant with each other, that they and every of them shall pay their respective equal shares of all the costs and damages, of all and every such actioij, and actions, as are, or at any time here- after shall or may be brought by or a-gainst them or any or either of them. In witness whereof &c. Agreement for the Making of Bricks. Articles of agreement made this day of , A. D. — , between P. T., of , of the one part, and D. F., of of the other part, viz. : The said P. T., for the considera- tions hereinafter mentioned, doth covenant and agree, to and with the said D. P., as follows, viz. : ' That he, the said P. T., shall and will, within the space of six months, to be accounted from the date hereof, at his own proper costs and charges, and with good and sufiScient materials, make or cause to be made, and delivered at , in the township of B., for the said D. P., thousand of good, hard, well-burned, and lawful bricks, to be all of them full four inches broad, eight inches three-fourths long, and two inches and a half thick, when burnt ; and at his and their like charge, deliver in such parcels and quan- tities from time to time, at the house of the said D. P,, [or as the case may be,] in — -, , as the same shall be demanded, or occasion shall require, for flarrying on his buildings there. In consideration whereof, the said D. P. doth covenant, promise, and agree, to and with the said P. T., that he, the said D. P., will pay the said P. T., four dollars for every thousand of the said bricks, to be made and delivered as aforesaid : to be paid as follows, to wit : [Here insert the conditi ;n8 of payment.] 356 ASKEEMENTS. In witness whereof, the parties to these presents have hereunto set their hands and seals, the day and year aforesaid. Signed, sealed, and delivered \ in presence of ' P. T. D. F. Agreement with a Olerhfor Services. It is agreed, this first day of September, in the year of our Lord one thousand eight hundred and fifty-seven, between A. B. and C. D., both of the city of , and state of , in manner following, to wit : The said C. covenants and agrees faith- fully, truly, and diligently to write for and act as the clerk of him, the said A. B., from the day of the date hereof, for and during the space of one year, if so long both parties live, without absent- ing himself from the same ; during which time, he the said C. will resort to the office of the said A. and there attend ; and do and perform the clerkship aforesaid, without revealing 'any of the secrets of the said A., his occupation or business. In considera- tion of which services so to be performed, he, the said A., covenants and agrees to allow and pay to the said C. the yearly sum of five hundred dollars, by four equal quarterly payments, or oftener, if required ; Provided nevertheless, that when and as often as the said A. B. hath not writing suflSeient to keep the said C. D. fully employed, then and so often, during such time, it shall be lawful for the said C. to do any other business for his own use, on his own account ; but if it should happen that the said C. fall sick, or shall be absent from the office of the said A. when he has employ- ment for him, then such absent time shall be deducted, allowed for, and made up, to the said A. In witness whereof, &c., [as in the preceding forms.] Agreement in relation to Farty Walls. This agreement, made the day of , A. D. , between A. B., of , in the county of , and state of , of the one part, and 0. D., of , &c., of the other part, witnesseth : That, whereas the said A. B. is seized or possessed of a certain lot or piece of ground, situate in, &c. : and whereas the said C. D. is seized or possessed of a certain other lot or piece of ground situate [here describe the same] adjoining and contiguous to the AGREEMENTS. 157 said before-mentioned and described lot of ground of him the said A. B. ; And whereas the said C. D. has lately erected on his own lot aforesaid, and along the division lin6 between the above-men- tioned lots, a brick tenement or building, of the length of feet, and of the height of stories, the end of which tenement is at the distance of feet from the front of the said lots, or street aforesaid, [add here all the matter necessary to explain the transaction.] Now this indenture wit- nesseth, that the said 0. D. doth hereby covenant, promise, grant, and agree, that the said A. B., his heirs and assigns aforesaid, shall and may, at all times hereafter, have the full and free liberty and privilege of joining to the said wall of the said brick tenement, as well below as above the surface of the ground, and along the whole length or any part of the length thereof, any building which he or they, or any of them, may desire or have occasion to erect, on the said lot along the division line aforesaid, and to use and enjoy the said wall or any part thereof, aa a wall of the building or bmldinga so to be erected, and to sink the joists of such building or buildings into the wall aforesaid to the depth of inches, and no further. Provided always, nevertheless, and on this express condition, that the said A. B'., his heirs and assigns as aforesaid, before pro- ceeding to join any other buildings to the said wall, and before making anjnise thereof, or breaking into the same, shall pay or secure to be paid, unto the said G. D., his heirs and assigns afore- said, the full moiety, or one half part of the value of the said wall, or so much thereof as shall be joined or used as aforesaid, which value shall be fixed and assessed by . In witness whereof, we have hereunto set our hands and seals this day of , A. D. . Sealed and delivered \ in presence of j A. B. CD. 158 AMICABLE ACTION. AUICASLE ACTION. There is, in Pennsylvania, a mqde of instituting suits witSiout a service by sheriff, by an amicable agreement, signeJ by tie parties cr tteJr attorneys, and filed in the prothonotary's oflSce. When entered, such aotionis considered as if it had been adversely commenced, and th« defendant had been regularly summoned. It saves the expense of the original writ, and the sheriff's fee for serving it. the writ, however, is supposed in l»w to be filed. A Case may be stated for the opinion of the court in this way, or a judgment entered. When a judgment is Mitered ia this way, the cause of action should always be eJcpvessed in the agreement, and it should be attested by two witnesses. Th* same stay of exeeution is allowed iin this, as in other cases brought in the usual way. The lien of judgments may also be revived by amicable agreement. See Troubat and Haly's Practice, vol. i. p. 190. An Agreement to Revive a Lient John Jones \j^ ^j^^ ^^^^^j. ^^ Q^j^^y^ ^i^^ of Huntingdon WillianTBums. j County, of May Term, 1S52. No. 100. Amicable action to revive and continue the lien for the term of five years, of judgment No. 45 of May Term, 1847. It is hereby agreed, that the Prothonotary of Huntingdon County enter the above amicable action upon the records of the Court of Common Pleas of the county aforesaid, as of No. 100 m May term, 1852, and that a judgment be forthwith entered thereon, in favor of the plaintiff above named, and against the defendant above named. And that the judgment aforesaid. No. 45 of May term, 1847, be revived, according to the Act of Assembly, with costs. Witness our hands and seals, this day of —^ , A. D. one thousand eight hundred and fifty-two. Signed, sealed, and delivered "I in presence of j John Stiles, John Doe. JOHN JONES. WILLIAM BURNS. ^V^ AMICABLE ACTION. 159 Amicable Action and Confession of -Judgment in Covenant, for Money due on a Ground Rent Deed A. B. & C. D., Executors of ' ' and Trustees under the Will of Richard Roe, deceased, vs. John Doe. In the District Court of Phila- delphia. June Term, 1854. No. Amicable action and confession of judgment in covenant. It is hereby agreed that the above action be entered with like effect as if a summons in covenant had been regularly issued out of said Court at the suit of plaintiffs against defendant on a certain ground rent deed, a true copy whereof is hereunto annexed, and had been duly served and so returned by the sheriff, and judgment is hereby confessed thereon by defendant to plaintiffs for the sum of one hundred and thirty-seven dollars and twenty-eight cents, being the amount of ground rent due up to 1st of July, 1854, and interest thereon up to September 4th, 1864, and owing by said defendant to said plaintiffs, out of and for a certain lot of ground, [here describe the real estate as mentioned in the deed^] particularly described in said deed, reserving said rent and con- taining the covenants for the payment thereof, of which lot of ground subject to the payment of said rent, this defendant is the present owner, which said judgment is hereby confessed without stay of execution [or as the case may be] and with release of all errors. 1853. Julyl. To one half year's Ground Rent, $44.00 To Interest on same to Sept. 4, 1854, 3.08 1854. Jan. 1. To one half year's Ground Rent, 44.00 Interest on same to " 1.76 July 1. To one half year's Ground Rent, 44.00 Interest on same 44 $137.28 H. C.T.,Att'y.fdrPrffs. Sept. 4, 1854. JOHN DOE. Amicable Scire Facias sur Mortgage and Confession of Judgment. A B ^ ■ * I In the District Court for the City and County of Phila- J'^j^ C delphia. To September Term, 1857. No. . Amicable scire facias sur mortgage and confession of judgment. It is agreed that this action be entered with like effect as if a scire facias had been regularly issued out of said Court at the suit of plaintiff against defendant, on a certain mortgage given by the latter to the former, dated the 28th day of August, 1854, and re- corded on the 11th day of September, 1854, in the office for re- 160 AMICABIB' ACTION. cording deeds, &c., for the said city and county, in Mortgage Book , No. page , &c., a true copy whereof is hereunto annexed, and had been duly served and returned, and judgment is hereby confessed thereon by defendant to plaintiff for the sum of , being the principal due on the said mortgage and the inte- rest thereon up to this date, without stay of execution and with a release of all errors. ' Philadelphia, , 1857. C. D. Witness present. Agreement for the Entry of an Amicahle Action. '^-. the Common Pleas of County, of Term, 18—, ISTo. . vs. William Burns, }'. Amicable Action Case. It is hereby agreed that the Prothonotary of the said Court shall enter the above suit upon his docket; and that fr^m the time of such entry, the said action or suit shall be deemed- to be depending in like manner as if the said defendant had appeared to a summons issued against him by the said plaintiff.* Witness our hands, this day of , A. D. 18 — . Signed, sealed, and delivered 1 in presence of j John Stiles, John Doe. JOHN JONES. II WILLIAM BURNS. Agreement for Judgment after the Rule of Reference is entered. * T> r\ T\ 1 1n the Common Pleas of — County, of A.-B.vs.C.I).j Term, A. D. . No. ^ And now, January , A. D. , it is hereby agreed, by and between the parties to the above suit, that the choosing (or "meeting," if they have chosen) oi arbitrators be dispensed with, and that a judgment be entered thereon in favor of the plaintiff, and against the defendant above named, for the sum of * If a confeaaion of judgment is desired, here add : " and that a judgment be entered thereon in favor of the plaintiff and against the defendant G. D. above-named^ for the sum of dollars debt, with costs of suit, released of all errors, and with- out stay of execution \or as the case may be\ AMICABLE ACTION. 161 dollars debt, besides costs of suit, witb release of all errors, and with stay of execution according to law. Witness our hands the day and year above written. Signed, sealed, and delivered 1 in presence of j John Stiles, , John Doe. ' i JOHN JONES. WILLIAM BURNS. Agreement to waive Inquisition and Condemnation of Land taken in Execution. The undersigned being the defendant named in the within writ oi fieri facial, and the owner at the time of the issuing of said ■wr* of the real estate levied on by virtue thereof, does hereby dispense with and waive the inquisition thereon, and agree that the same shall be sold by the sheriff of County, upon the present writ of fieri fadias before the return day thereof, and without any further writ from the court for that purpose. Witness iny hand and seal, the day of , A. D. . Signed, sealed, and delivered \ in presence of - j John Stiles, John Doe. JOHN JONES. APPLICATION FOE LAUD WARRANTS. Application for taking out a Warrant, hy a Settler, for Lands settled on. John Jones, of the township of Derry, in the County of York, applies for three hundred acres of land, situate in said township and county, adjoining lands of John Ebaugh on the east, William Jones on the south, George Gary on the west, and Adam Ebaugh on the north ; on which tract he has made an actual settlement and im- provement. JOHN JONES- To the Surveyor-General, Harrisburg. 162 APPLICATION FOR LAND WARRANTS. Affidavit and CerUfioatefor Land settled on. York County, si. Before us, the subscribers, two of the Justices of the Peace in and for said county, personally came Jonas Gray, a disinterested •witness, and being sworn agreeably to law, did depose and say that, to his certain knowledge, the above-described tract of land was first improved in the month 6f July, 1800, and not before ; that grain has been raised thereon, and that the said John Jones and family are now settled and reside on the same tract of land, and have con- tinued to reside thereon ever since the first day of June, 1804, [or as the case may be.] Jonas Gray. Sworn and subscribed, this 22d day of September, 1852, before us, TIMOTHY TUTTLE, DAVID ROYCE. Affidavit and Oertifieate for. Land improved but not settled. York County, ss. Before us, the subscribers, two of. the Justices of the Peace in and for said county, personally came John Roe, a disinterested wit- ness, who, being sworn according to law, did depose and say that, to his certain knowledge, the land above described was first im- proved in the month of May, 1800, and not before, [or as the case may be.] John Rob. Sworn and subscribed this 10th day of January, A. D. 1862, before us, TIMOTHY TUTTLE, DAVID ROYCE. Affidavit and Certificate for unimproved Land. York County, ss. Before us, the subscribers, two of the Justices of the Peace in and for said county, personally came James Goodman, a disinte- rested witness, who, being sworn according to law, did depose and say that, to his certain knowledge, the land described in the above application is unimproved, and, as he verily believes, not heretofore claimed by any other person, [or as the case may be.] Jambs Goodman. Sworn and subscribed, this 10th day of January, A. D. 1852, before us, WILLIAM DUNN, JAMES DUNLAP. Affidavit of Applicant for Lands prior to the last purchase of 1784, under the Act of ISth April, 1807. York County, ss. Before me, the subscriber, a Justice of the Pteace in and for said county, personally came John Jones, the above-named applicant, APPRBNTICB. 163 who, being diily sworn according to law, did depose and say that, to the best of his knowledge and belief, no warrant or other office right has issued for the land above described^ either in his own name, or in the name or names of any person or persons under whom he claims the same. John Jones. Sworn and subscribed, this 10th day of January, A. D. 1852, before me, DAVID KOYCE. S&° This last certificate is not necessary in the last purchase. AFFREIfTICE. An apprentice is one who is bound, in due form of law, to a master, and who is to learn from him his art, trade, or business, and to serve him during the time of his apprenticeship. 1 B. Com. 426'; 2 Kent, Com. 211. The term during whicn the apprentice is to serve, is called his apprenticeship. This contract is generally entered into by indenture or deed, and is to continue no longer than the minority of the apprentice. A master is bound to instruct his apprentice by teaching him, bona fide, the l^owledge of the art of which he has undertaken to teach him the elements. He ought to watch over the conduct of the apprentice, giving him prudent advice and showing him a good example, and fulfilling towards him the duties of a father, as, in his character of master, he stands in loco parentis. He is also required to fulfil all the covenants he has entered into by the indenture. He cannot abuse his authority, either by bad treatment, or by employing his apprentice in menial env ployments, wholly unconnected with the business he has to learn. He cannot dismiss his apprentice, except by application to a competent tribunal, upon whose decree the indenture may be cancelled. An apprentice is bound, on his part, to obey his master in all his lawful com- mands, take care of his property, and promote his interest, endeavor to lean;! his trade or business, and perform all the covenants in his indenture, not contrary to law. He cannot leave his master's service during the term of the apprenticeship. Bouvier's Law Diet. vol. i. p. 85. For further information on this subject, see 2 Kent, Com. p. 211, &c. In Pennsylvania, the Courts of Quarter Sessions have jurisdiction in apprentice cases, and can rescind the contract and cancel the indentures. A writing without seal, is not an indenture of apprenticeship within the mean- ing of the act of 1770. Ex parte Ruggles, 10 S. and B. 416. An infant under seven years of age, may be bound apprentice in any art, mystery, occupation, or labor, with the assent of his parent, guardian, or next friend, under this act. Burtzman vs. Bunnell, 6 Wh. 128. It seems that the con- sent of the parent or guardian (if there be one) must be had in every case of bind- ing, except where the infant is a charge. And the word or, in the first section of the act of 1770, must be construed so as to effectuate the general intent and policy of the legislature. Com. vs. Vanlear, 1 S. and R. 250 ; Com. v>. Jones, 3 S. and B. 158. It is not necessary that the person who consents as next friend to the minor, should have received an appointment as such from legal authority. Roach's case, 1 Ash. 27. An indenture executed by a minor, with the consent of his sister as next friend, was held valid. Ibid. An indenture of apprenticeship executed by an infant, without the consent of his parent or guardian, is not binding on the infant. Guthrie vs. Murphy, 4 W. 80 The father of an infant cannot bind him as an apprentice without his consent . 164 APPRENTICE. and it is necessary that the infant should become a party to, and execute the in denture. Com; vs. Moore, 1 Ash. 123. An apprentice who has been bound in another state, to learn any trade or occupation, cannot be taken out of the state, unless such remoral is provided for in the indenture, or arises from the nature of the contract, as in the case of sea- faring men, &c. Com. vs. Edwards, 6 Binn. 202, S. P. Com. vs. Deacon, 6 S. and B526. An apprenticeship is determined by the death of a master (Burr. S. C. 782,) unless the indenture extends to the executors or administrators. The words "heirs and assigns" will not give authority to executors. See 1 B. 178 ; 4 S. and R. 109. An indented apprentice cannot be assigned unless the indenture extends to assigns, and not then without the consent of the apprentice, as well as that of the parent or guardian, if he have any, which consent must be certified by a Justice of the Peace. Act of Assembly of 11th April, 1799 ; 3 Sm. L. 385 ; Pur. Dig., by 8. & B. 69; Dunlop's L. 213; 1 S. and B. 248. The court vrill discharge an apprentice for acts of the master injurious to his mind and morals ; as for compelling him to work on Sundays. Com. vs. St. Ger- mans, 1 Br, 24. A habeas corpus may issue for the body of an apprentice on the petition of his master, and the court may order the apprentice to be delivered to his master. Com. vs. Beck, 1 Br. 277. Indenture of Apprenticeship for a Boy, to learn a Trade. This indenture, made the first day of May, in the year of oui Lord one thousand eight hundred and fifty-tw6, Witnesseth : That Thomas Jones, the son of John Jones, of Reading, in the County of Berks and State of Pennsylvania, (by and mth the consent and advice of his said father, testified by his becoming a party hereto,) hath bound and. put himself, and by these presents doth bind and put himself, apprentice to William Burns, of Reading, county and state aforesaid. Tanner, after the manner of an apprentice to dwell with and serve the said William Burns, [if it is intended to continue the apprenticeship after the death of the master, or to authorize him to assign the apprentice to another master, here insert the words, Ms executors, administrators, and assigns,'\ from the day of the date hereof, for and during and until the full end and term of years months and ■ days, thence next en- suing and fully to be completed and ended, [or until the day of , in the year of our Lord one tbotlsand eight hun- dred and ;] during which term the said apprentice his said master faithfully shall and will serve, and that honestly and obe- diently in aU things, as a dutiful apprentice ought to do. And the said William Burns [here, if intended as above, insert the words, hi» executors, administrators, and assigns'] shall and will teach and instruct, or cause to be taught and instructed, the said ap- prentice in the art) trade, and mystery of a Tanner ; and shall and will send and keep the said apprentice at a school taught by some competent teacher, for three months, at least, in each and every year, and shall and will find and provide for the said apprentice suflScient school-books, meat, drink, apparel, washing, and lodging, during the said term ; and at the expiration thereof shall and will give his said apprentice two suits of apparel, one whereof shall be new. APPRBNTICB. 165 In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written. Signed, sealed, and delivered \ in presence of j Jambs Stiles, William Griffith. WILLIAM BURNS. THOMAS JONES. JOHN JONES. Indenture of Apprenticeship for a Gfirl, to learn Housework, Sfc. This indenture, made the first day of April, in the year of our Lord one thousand eight hundred and fifty-two, witnesseth : That Sarah Jones, daughter of Mary Jones, of the City of Erie and State of Pennsylvania, (relict of the late John Jones, of the city aforesaid,) by and with the consent of her said mother, as her next friend, testified by her becoming a party hereto, hath bound and put herself, and by these presents doth bind and put herself, ap- prentice to William Brown, of said City of Erie, Merchant, with him [if it is intended to continue the apprenticeship after the death of the master, or to authorize him to assign the apprentice to an- other master, here insert the words, his executors, administrators, and assigns^ to dwell and serve, from the day of the date hereof until the fuU end and term of years months and days next ensuing, and fully to he completed and ended, [or day of , in the year of our Lord one thousand eight hundred and ;] during which term the said Sarah Jones her said master faithfully shall and will serve, in all lawful business, according to her power and ability, and honestly and obediently in all things demean and behave herself towards her said master, dur- ing the said term. And the said William Brown [here, if intended as above, insert the words, his executors, administrators, and as- signs^ shall and will teach and instruct, or cause to be taught and instructed, the said apprentice in sewing, knitting, and house- wifery, and in reading, writing, and the other usual branches of a common-school education ; and shall and will, during the said term, find, provide, and allow her sufficient meat, drink, apparel, lodgitig, and washing, and all other necessaries ; and at the expiration of 166 APPRENTICE. said term shall and will give said apprentice two suits of apparel, one whereof shall be new. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written. Signed, sealed, and delivered \ in presence of James Stiles, Peter Brown. t WILLIAM BROWN. SARAH JONES. MARY JONES. Indenture of Apprenticeship for a Grirl, hy Overseers of the Poor. This indenture, made the tenth day of October, in the year of our Lord one thousand eight hundred and fifty-two, witnesseth : That John Jones and William Burns, Overseers of the Poor of the County of Crawford, have put and placed, and by virtue of an Act of this State, entitled " An Act for the Relief of the Poor," do hereby, with the approbation and consent of James Price and Charles Dunn, Esquires, two of the Justices of the Peace for the said county, put and place Sarah Brown, a poor child of Township of Mead, appren- tice to Thomas Cole, of the same place, with him to dwell and serve, from the day of the date hereof until the fuU end and term of seven years ; during all which term the said Sarah Brown her said master faithfully shall serve, in all lawful business, according to her power and ability, and honestly and obediently in all demean and behave herself towards her said master during the said term : and the said Thomas Cole doth covenant and agree for himself, his executors and a.dministrators, to and with the said John Jones and William Burns, Overseers as aforesaid, and their successors for the time being? and every of them, by these presents, as follows : That he, the said Thomas Cole, the said Sarah Brown shall and will teach and instruct, or cause to be taught and instructed, in sewing, knit- ting, and housewifery, and in reading, writing, and the other usual branches of a common-school education ; and shall and will, during the said term, find, provide, and allow her sufficient meat, drink, apparel, lodging, and washing, and all other necessaries ; and also, shall and will so provide for the said Sarah Brown, that she be not APPRENTICB. 16- in ar.y wise a charge or chargeable to the said township, or to the inhabitants of the same, but from all charges concerning her shall and will save the said township, and the inhabitants thereof, harm- less and indemnified during the said term ; and, at the expiration thereof, shall and will, at has own charge, give and allow the said Sarah Brown two suits of apparel, one whereof shall be new. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the day and year first above written. Signed, sealed, and delivered \ in presence of j Jambs Stiles, William Brown. JOHN JONES. WILLIAM BUENS. THOMAS COLE. The OTereeers of the poor are authorized, with the consent and approbation of two or more magistrates, to put out as apprentices all poor children, whose parents are dead, or by the said magistrates found unable to maintain them. Act 13th June, 1836. The officers of the House of Refuge also have the power to bind out any who are sentenced to that place. Their custom is, to bind out its inmates to trades, as soon as sufficiently reformed. In binding an infant as an apprentice by the oTerseers of the poor, the infant need not sign the indenture. 3 S. & R. 168. Approbation of the Apprenticeship of Paupers. We, the subscribers. Justices of the Peace, in and for the County of , do hereby approve and consent to the execution of the indentures of apprenticeship in the case of the within-named Sarah Brown, a pauper, the term of which is to expire on the day of , A. D. one thousand eight hundred and . Witness our hands and seals this tenth day of October, 1852. JAMES PRICE, W^ CHAELES DUNN. 168 APPEENTICB. Assignment of an Indenture of an Apprentice, Know all men by these presents, that I, the within-named A. B., bj and with the consent of 0- !>•» nij within-named apprentice, and E. F., his father, parties to the within indenture, (testified by their signing and sealing these presents,) for divers good causes and con- siderations, have assigned and set over, and do hereby assign and set over, the within indenture, and the said C. D., the apprentice within named, unto G. H., his executors or administrators, [and as- signs, if designed so to be,] for the residue of the term within men- tioned, he and they performing all and singular the covenants therein contained on my part to be kept and performed. And I, the said 0. D., do hereby covenant on my part, with the consent of my father, the said E. P., faithfiilly to serve the said G. H. as an apprentice, for the residue of the term within mentioned, and to perform towards him all and singular the covenants within mentioned on my part to he kept and performed. And I, the said G. H., for myself, my executors, and administra- tors, do hereby covenant to perform all and singular the covenants within mentioned on the part of the said A. B., to be kept and per- formed towards the said apprentice. Witness our hands and seals at Girard, in the County of Erie, the twenty-second day of February, A. D. one thousand eight hundred and fifty-two. liHir^ A. B. »i| CD. B.F. G. H. Signed, sealed, and delivered the 22d day of February, A. D. 1852, the assent of the parties being fully given, before me, WILLIAM MATNARD, , Justice of the Peace. Complaint of an Apprentice. A. B., the apprentice of C. D., of the County of Erie', personally appears this day, March 10th, 1852, and makes complaint that APPRENTICE. 1<>9 his master has severely beaten Mm with a large stick of wood, [or that his master does not furnish him with necessary food and clothing,] [or that G. H., a journeyman in the employ of the said C. D., is in the habit of kicking and cuffing him,] [^or that G. H., a journeyman in the employ of the said C. D., is in the habit of getting drunk and profanely swearing,] [or that the aforesaid C. D. has otherwise refused or neglected to fulfil the covenant of the in- denture between them.] (Signed) A. B. Before T. R., Justice of the Peace, March 10th, 1852. Upon any legal complaint being made, the Justice should send a notice to the master, requiring his attendance at the office of the Justice. Notice to the Master. To C. D., of the County of Erie : Sir, — Your apprentice A. B., has this day, March 10th, 1852, called at my office in Girard Township, in the said county, and made complaint that you have severely beaten him with a large stick of wood, [or that you have neglected or refused to have him furnished with sufficient wholesome food or clothing,] [or that G. H., a jour- neyman in your employ, is in the habit of kicking and cuffing the said apprentice,] [or that G. H., a journeyman in your employ is in the habit of getting drunk and profanely swearing, whereby the life and morals of your said apprentice are endangered,] [or that you have neglected to fulfil the covenants of the indenture between you.] I appoint to-morrow, Tuesday, the 11th of March, at 2 o'clock in the afternoon, to inquire into this complaint, at my office, in the Township of Girard, in the said county, at which time and place I request you will attend, bringing with you the said A. B., and any other person you may think proper, that this complaint may be fully inquired into. Witness my hand and seal, at Girard Township, County of Erie, March 10th, 1852. THEODORE RYMAlf, Justice of the Peace. If such notice is neglected, and the master does not appear, the Justice shall thereupon issue his warrant against the person or persons on whom they may have been served, taking care to be well satisfied, on oath or afSrmation, that the notiqe has been served before any other process shall issue. Form of a Warrant against a Master. County of Erie, ss. Cf)e (Kommontoealt^ of ^enmsglbanta, To any Constable of the said county, greeting : You are hereby commanded to take the body of C. D., if he bo found in the said county, and bring him before Theodore Ryman, one of our Justices in and for the said county, to answer the Com- monwealth upon a charge, founded on the oath [or affirmation] of ITO APPEENTXCB. A. B., of having severely beaten the deponent, his apprentice, with a large stick of wood, and further to be dealt with according to law. And for so doing this shall be your warrant. Witness the said Theodore Ryman, at Girard Township, in the said county, who hath hereunto set his hand and seal, the eleventh day of March, in the year of our Lord one thousand eight hundred and fifty-two. THEODORE RYMAN, Justice of the Peace. The Justice should state in the complaint those charges which may have been made by the apprentice, and in his notice to the master he should communicate to him the complaint actually made against him by his apprentice. The notice ehoula always correspond with the complaint, that the master may come prepared with such witnesses as he' may think necessary. Warrant for an Apprentice. County of Erie, ss. Wit ffiotnmtintofaltt of ^eititsiBlbanta, To any Constable of the said county, greeting : You are hereby commanded to take the body of A. B., if he be found in the said county, and bring him before A. W. Blaine, one of our Justices in and for said county, to answer the Common- wealth upon a charge, founded on the oath [or affirmation] of C. D., of having absconded from the service of his master, the de- ponent, [or otherwise, as the case may be,] and further to be dealt with according to law. And for so doing this shall be your warrant. Witness the said A. W. Blaine, at North East Borough, in said county, who hath hereunto set his hand and seal, the 10th day of March, in the year of our Lord one thousand eight hundred and fifty-two. A. W. BLAINE, Justice of the Peace. If it shall become necessary to bind the parties over to the next County Court of Quarter Sessions, recognisances should be taken, and a return made to the court. A copy of the docket-entry of the magistrate will be a proper retvirn, to bring the matter under the notice of the court. Form of the Recognisance to he taken of the Master to answer to a, Complaint made by his Apprentice. You, C. D., acknowledge yourself indebted to the Commonwealth in the sum of $100, to be levied of your goods and chattels, lands and tenements, upon condition that if you shall appear at the next Court of Quarter Sessions, to be held at Erie, for the County of Brie, then and there to answer to a complaint made against you, of APPRENTICE. 171 your having severely beaten your apprentice A. B., and shall not depart the court -without leave, then this recognisance shall be void, otherwise to be and remain in full force and virtue. Are you content? A recognisance of the same form will answer when the apprentice is to be bound over to tiie court, with this difference, that he should, beside his own reoogni- Banoe, give aecuriiy for his appearance. One party being bound over to answer to a charge, the person or persons who have made the charge should be boimd in recognisance, to give evidence, at the court, when the case shall come before it> Form of taking the Recognisance of an Apprentice to give Evidence. You, A. B., acknowledge yourself indebted to the Commonwealth in the sum of $50, to be levied of your goods and chattels, lands and tenements, upon condition that if you shall personally appear at the next Court of Quarter Sessions, to be held at Erie, in and for the County of Erie, then and there, on behalf of the Commonwealth, to give evidence in the case of the Commonwealth vs. C. D., for severely beating you, and shall not depart the court without leave, then tMs recognisance shall be void, otherwise to be and remain in full force. Are you content ? A recognisance of the same kind will answer when the master shall be required to be bound over to give evidence. Form of a SocJcet Fntry, in case of Master and Apprentice. Commonwealth \ March 10th, 1852, A. B., the apprentice of C. D., vs. y the defendant personally appears and makes com- C. D. J plaint that his master has severely beaten him with a stick of wood. Same day, wrote a note to the defendant requiring his attendance at this office, on the 11th of March, inst., at 2 o'clock. Notice served on oath by D. A., Constable. March 11th, defendant appears. A. B. sworn. Bail in $100 required from defendant, &e. C. D. of Girard township, carpenter, bound in $100 for his appearance at the next Court of Quarter Sessions to answer the above charge, &c. A. B. and P. Q., his guardian, each bound in $50 that the said A. B. shall appear and give evidence in the above case at the next Court of Quarter Sessions, &c. \ It has been already observed that a copy of the docket entry will make a proper return to bring this complaint before the court ; the docket entry should have the following addition made at the foot of it before it shall be sent to the court. I certify that the above is a correct transcript of the proceed- ings had before me in the above case, as they are of record on my docket. Witness my hand and seal at Oirard, in the County of Erie, this day of , A. D. 1852. ^^mj^ THEODORE RYMAN, ^Mlii Justice of the Peace. ^^^WB 172 ARBITRATION AND AWARD. AIIBITRATION AND AWASD. An akbitkation is the reference and submission of a matter in dispute, con- eeming property or a persbnal wrong, to the decision of one or more persons as arbitrators. Their findings are called awards. Arbitrations are either Toluntary or compulsory. The voluntary are those made by mutual consent ; and the compulsory are where cither party has a right to enter a rule of reference without the consent of the other. Before the j'eyised Act of 1836, a variety of modes of arbitration existed in Pennsylvania. Ist. Are those made by mutual consent, in which the parties select the arbitrators, and bind themselves by bond to abide their decision ; these are made without any rule of court. 3 Bl. Com. 16. 2d. Those which are made in a cause depending in court, by a rule of court, before trial ; these are arbitrations at common law, and the award is enforced by attachment. Kyd on Awards, 21. 3d. Those which are made by virtue of the statute 9 & 10 Will. 3, c. 15, by which it is agreed to refer a matter in dispute, not then in court, to arbitrators, and agree that the submis- sion be made a rule of court, which is enforced as if it had been made a rule of court. Kyd on Awards, 22. 4th. Those made under the Act of Assembly of 1705 5th. Those made under the Act of 1806. The provisions of the Acts of 1705 and 1810, and the English statutes above mentioned, have been incorporated into the revised Act of 1836. The Act of 1806 is still in force ; but seldom do arbitrations take place under it, by reason of the difficulty and danger of enforcing the awards under it. The methods of arbitra- tion at this time most usual in Pennsylvania, are those made by mutual consent, in which the parties select the arbitrators, and bind themselves by bond to abide their decision ; or those under the Act of Assembly of 16th June, 1836, (Pamph. Laws, p. 715^) which provides for either voluntary or compulsory arbitrations. Either party, in a civil suit or action, or his attorney, may enter at the Prbthonotary's office, a rule of reference under the said Act of 1836, wherein he shall declare his deter- mination to have arbitrators chosen on a certain day to be mentioned therein, not exceeding thirty days thereafter, for the trial of all matters in variance in the suit between the parties ; provided, that the plaintiff shall not enter such rul? until he files a declaration or statement of his cause of action. A copy of this rule ia to be served on the opposite party, his agent or attorney, at least fifteen days be- fore the day fixed for the appointment of arbitrators. On the day appointed they meet at the Prothonot^-ry's, ^n(i endeavor to agree upon arbitrators ; if they can- not, the Prothonotary makes out a list on which are inscribed the names of a num- ber of citizens, and the parties, beginning with the plaintiff, alternately strike one of said names at a time from the list, until there are left but the number agreed upon or fixed by the Prothonotary, who are to be the arbitrators. The time of meeting is then agreed upon by the parties, or appointed by the Prothonotary, provided that the time of meeting shall not be less than ten nor more than twenty days after their appointinent. The party by whom the rule of reference shaU have been entered must proQure from the Protho^iotary a certified copy of the re- cord, and serve a copy of the same on each of the arbitrators, and also on the op- posite party, giving -ten days notice previous to the day of meeting. At the time fixed for the meeting, the arbitrators are sworn or affirmed, justly and equitably to try all matters in variance submitted to them, and proceed to hear and deter- mine the case. Their award is filed in the office of the Prothonotaty, and has the effect of a judgment, subject, however, to an appeal, which may be entered at any time within twenty days after the filing of such award. For further particulars, hee Pamphlet Laws of 1836, p. 715. There is no compulsory arbitration in the District Court for the City and County of Phuadelphia Act of 28th March, 1835, sec. 3. ARBITRATION AND AWARD. 173 Under Act of 1836. Agreement to Refer. John Jones "y-^^ ^^^ ^^^^^^ ^^ Common Pleas of Erie County, William Burns, j ^°- ^^ "^ ^^S"^* ^«''°^' ^^^^^ And now, September lOth, A. D. 1852, we, the said John Jones and William Burns, under the provisions of the Act of Assembly of 16th June, 1836, do hereby agree to submit all matters in sontroversy in our said suit to Daniel Stone, Samuel Dean, and Thomas Brown, mutually chosen by us ; and furthermore agree that our submission to such award or umpirage be made a rule of and in said Court, and hereby respectively bind ourselves to submit to, and be finally con- cluded by, the award or umpirage of said refbrees, or a majority of them. Witness our hands and seals. Sealed and delivered in \ presence of J Jambs Stiles, Charles Cole. JOHN JONES. WILLIAM BURNS. ^JmBm^ Erie County, ««. Before me, the subscriber, Prothonotary of the Court of Common Pleas of Erie County aforesaid, in the said Court personally came, on this 10th day of September, A. D. 1852, James Stiles, who, be- ing duly sworn, [or afiSrmed,] did depose and say, that he was wit- ness to the execution of the above agreement, and saw said John Jones and William Bums severally sign and seal the same as their act and deed. James Stiles. Sworn and subscribed in open court before me. SAMUEL PERLEY, Prothonotary. Award of Arbitrators, in Belt or Oase. And nowj the tenth day of October, A. D. 1852, at Erie, the ar- hitrators within named being all present, [or if two only are present, say, " Daniel Stone and Samuel Dean, two of the arbitrators within named, being present, and proof having been made that due notice of the time and place of meeting was given to Thomas Brown, the other arbitrator, who was absent, and James Burns having been duly appointed to fill the vacancy,"] and all being duly sworn, [or 174 ASSIGNMENT. affirmed,] and having heard the evidence and allegations of the parties, do dirviwdi in favor of the plaintiff the sum of dollars, [or "no cause of action," as the case may be.] (Signed by the arbitrators, or a majority of them.) Award in Replevin for Rent, in favor of Landlord. And now, the tenth day of October, A. D. 1852, at Erie, the ar- bitrators within named being all present, and all being duly sworn, and having heard the evidence and allegations of the parties, do award that there is due to the avowant, John Jones, from the plain- tiff, William Burns, the sum of doUars, for rent in arrear, due the first day of July, 1852, and that the value of the gobds dis- trained is dollars. Award in Replevin, when Property is to he Returned. And now, the tenth day of October, A. D. 1852, at Erie, the ar- bitrators within named being all present, and all being duly sworn according to law, and having heard the evidence and allegations of the parties, do award in favor of the defendant in replevin, and direct that the plaintiff in replevin return the property distrained, and dollars damages for detention. ASSIGNMENT. An asBignment, in common parlance, signifies the transfer of any kind of pro- perty, real, personal, or mixed, and whether the same be in possession or in action. In a more technical sense, it is usually applied to the transfer of a term of years ; hut it is more properly used to signify a transfer of some particular estate or in- terest in lands. The proper technical words of an assignment are, assign, trans- fer, and set over ; but the words grant, bargain, and sell, or any other words which will show the intent of the parties to make a complete transfer, will amount to an assignment. Assignment of Bower hy the Seir. This indenture, made the first day of May, in the year of our Lord one thousand eight hundred and fifty-two, between Thomas Jones, son and heir of John Jones, late of the City of Lancaster, of the one part, and Ellen Jones, widow and relict of the said John Jones, of the other part : Whereas, the said John Jones was in his lifetime, and at the time of his death, seized in his demesne as of fee, of and in divers lands and tenements in the City of Lancaster, in the County of Lancas- ler, and State of Pennsylvania, which, upon the decease of the said ASSIGNMENT. 175 John Jones, descended unto the said Thomas Jones : Now, this in- denture witnesseth, that the said Thomas Jones hath endowed and assigned, and by these presents, doth endow and assign, unto the said Ellen Jones, the third part of the said lands and tenements, to wit : — All that messuage [here describe the premises,] to have and to hold unto the said Ellen Jones, for and during the natural life of the said Ellen Jones, in severalty by metes and bounds, in the name of the dower, and in recompense and satisfaction of all the dower which the said Ellen Jones ought to have, of or in the said lands and tenements which were of the said John Jones in his life- time. In witness whereof, the said parties to these presents have here- unto set their hands' and seals, the day and year first above written. Sealed and delivered in "1 presence of James Stiles, Dyeb Loomis. THOMAS JONES. ELLEN JONES. Assignment of a Deed. Know all men by these presents, that John Jones, the grantee within named, and Ellen ms wife, for and in consideration of the sum of two hundred dollars, to them in hand paid by William Burns, of Carlisle, Cumberland County, Pennsylvania, at and before the ensealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, and set over unto the said William Bums, his heirs and assigns, all that the within-mentioned messuage, tenement, and tract of land [here describe the land,] containing jBfty acres more or less, [being the same premises which George Baker, by the within-written inden- ture, dated the tenth day of Juhe, A. D. 1851, and recorded in Deed Book G. S., No. 6, page 110, granted and conveyed unto the said John Jones, his heirs and assigns, (or as the case may be,)] together with all and singular the rights, members, and appurte- nances whatsoever thereunto belonging or in any wise appertaining ; and the reversions and remainders, rents, issues, and profits thereof; to have and to hold the said messuage, tenement, or tract of land, hereby granted and assigned, or mentioned, or intended so to be, with the appurtenances, unto the said William Bums, his heirs and assigns, to the only proper use and behoof of the said William Burns, his heirs and assigns, for ever. And the said John Jones and his heirs, the said hereby granted and assigned premises, with the ap 176 ASSIGNMENT. purtenances unto tke said William Burns, Ma heirs and assigns, against the said John Jones and his heirs, and against all and every other person or persons whomsoever, lawfully claiming, or to claim, by, from, or under him, them> or any of them, shall and will warrant and for ever defend by these presents.* In witness whereof, the said parties to these presents have here- unto set their hands and seals, this first day of May, A. D. one thou- sand eight hundred and fifty-two. Signed, sealed, and delivered \ in presence of j" Wm. Griffith, Dtbk Loomis. JOHN JONES. ELLEN JONES. Assignment of a Ground Bent. This indenture, made the first day of April, in the year of our Lord one thousand eight hundred and fifty-two, between John Jones, of the City of Philadelphia, and State of Pennsylvania, bricklayer, and Jane his wife, of the one part, and James Knox, of the County of Lancaster, and state aforesaid, carpenter, of the other part, witnesseth that the said John Jones and Jane his wife, for and in consideration of the sum of nifie hundred dollars lawful money of the United States of America Unto theta in hand well and truly paid by the said James KnoX, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, conveyed, and conflrmed, and by these presents, do grant, bargain, sell, alien, en- feoff, release, convey, and confirm unt6 the said James Knox, his heirs and assigns, all that certain yearly rent charge o;- sum of fifty-four dollars lawful money of the United States of America, chargeable half-yearly, issuing and payable by Jacob Smith, his heirs and assigns, on the first day of the months of January and July in each and every year, for ever, without any deduction for taxes out of and for all that certain lot or piece of ground situate, &c., [here describe the premises and recite fortner titles and the record thereof,] together with all the ways, means, rights, and pri- vileges, remedies, power of entry, distress, and re-entry for recover- ing payments of the aforesaid yearly rent charge and the arrear- • Assignments of deeds, and all other instruments of writing, in order to be re- corded, must be acknowledged in the same manner as a deed. Assignments of deeds ought, in general, to be discouraged, on account of the difficulty of getting them properly upon record. ASSIONMBNT. 177 ages thereof, and the reversions and remainders thereof, and all the estate, right, title, interest, property, claim, and demand whatsoever of them, the said John Jones and Jane his mfe, as well at law as in equity, of, in, to and out of the same, and of, in and to the afore- said lot or piece of ground out of which the said yearly rent charge is issuing and payable, to have and to hold, receive and take the aforesaid yearly rent charge or sum of fifty-four dollars, heredita- ments, and premises hereby granted or mentioned, or intended so to be, with the appurtenances, unto the said James Knox, his heirs and assigns, to and for the only proper use, benefit, and behoof of the said James Knox, his heirs and assigns, for ever. And the said John Jones, for himself, his heirs, executors, and administrators, doth, by these presents, covenant, grant, and agree, to and with the said James Knox, his heirs and assigns, that the said John Jones and his heirs all and singular the hereditaments and premises hereby granted or mentioned, and intended so to be, with the appurte- nances, unto the said James Knox, his heirs and assigns, against him, the said John Jones and his heirs, and against all and every person or persons whomsoever, lawfully claiming or to claim the same or any part thereof, by, from, or under him, them, or any of them, shall and will well and truly warrant and for ever defend by these presents. In witness whereof, the said parties to these presents have here- unto set their hands and seals the day and year first above written. Signed, sealed, and delivered "1 in presence of j Petek Wilkins, 'tSiSiTjl James Stiles. •^iP'^ JOHN JONES. JANE JONES. Aatignment of a Ground Rent hy Undorsement Know all men, by these presents, that John Jones, of the City of Philadelphia, the grantor within named, and Mary his wife, for and in consideration of the sum of seven hundred dollars, lawful money, to them in hand paid by William Brown at the time of the execution hereof,. the receipt whereof is hereby acknowledged, have granted, biargained, sold, assigned, released, and confirmed, and by these presents do grant, bargain, sell, assign, release, and confirm, unto the said William Brown, his heirs and assigns, all that the within-mentioned and reserved yearly rent charge or avap. of forty- two dollars, lawful money of the United States, chargeable in half • 12 178 ASSIGHMENT. yearly payments, lesuiug and half-yearly payable by the within- named George Strong, his heirs and assigns, without deduction for taxes, in each and every year for ever, on the first day of the months of January and July, out of and for all that the within particularly described and granted lot or piece of ground, and be- ing as the same is in and by the within indenture, dated the first day of May, in the year of our Lord one thousand eight hundred and fifty, executed by the said John Jones and wife, and George Strong, as particularly mentioned and set forth, recorded in Deed Book A. W. M., No. 41, p. 280 ; together with all the ways, means, rights, and privileges, remedies, power of entry, distress, and re- entry for recovering payments of the aforesaid yearly rent charge, and all the arrearages thereof, and the reversions and remainders thereof, and all the estate, right, title, interest, property, claim, and demand whatsoever of them, the said John Jones and Mary his wife, as well at law as in equity, of, in, to, and out of the same, and of, in, and to the aforesaid lot or piece of ground, out of which the said yearly rent charge is issuing and payable ; to have, hold, receive, and take the aforesaid yearly rent charge, hereditaments, and premises hereby granted, or mentioned and intended so to be, with the appurtenances, unto the said William Brown, his heirs and assigns, to and for his and their use, benefit, and behoof for ever. And the said John Jones, for himself, his heirs, executors, and administrators, doth, bf^ these presents, covenant, grant, and agree to and with the said William Brown, his heirs alid assigns, that he, the said John Jones, and his heirs, all and singular the heredita- ments and premises herein above described and granted, or men- tioned or intended so to be, with the appurtenances, unto the said William Brown, his heirs and assigns, against him, the said John Jones, and his heirs, and against all and every other person or per- sons whomsoever, lawfully claiming or to claim the same, or any part thereof, by, from, or under him, them or any of them shall and will well and truly wartant and defend. In witness whereof, the said parties to these presents have hereunto set their hands and seals, the twenty-fifth day of March, in the year of our Lord one thousand eight hundred and fifty-two Signed, sealed, and delivered \ in presence of ( Peter Wilkins, ' James Stilus. JOHN JONES. MARY JONES. ABSISNMEN*. 179 Assignment of a Bond and Mortgage, Know all men, by these presents, that, whereas C. S., of the County of Philadelphia, gentleman, is held and firmly bound unto M. W., by bond and mortgage, in the penal sum of forty thousand dollars ; which said mortgage, dated the tenth day of May, A. D. 1853, and recorded theirs* day of June, A. D. 1853, in Mortgage Book T. H., No. ^0, page 217, bound certain premises which the said C. S. therein granted to the said M. W., to wit : All that [here describe the premises ;] and also all the premises particularly described, and set forth in said mortgage. Being the same premises which S. W., by indenture bearing date the sixth day of January, A. D. 1850, recorded in Deed Book G. W. C, No. 41, page 501, &c., granted and conveyed unto the said C. S. in fee. Now this indenture witnesseth, that the said M. W., for and in consideration of the sum of twenty thousand dollars, unto him, at and before the sealing and delivery hereof, by J. B., of the City of Philadelphia, merchant, well and truly paid, the receipt whereof is hereby acknowledged. Hath granted, bargained, sold^ assigned, transferred and set over, and by these presents Doth grant, bargain, sell, assign, transfer, and set over unto the said J. B., his heirs, executors, administrators, and as- signs, the aforesaid bond and mortgage of the said C. S., and the messuages or tenements, and lot or piece of ground, and the pre- mises therein described and granted. Together with the appur- tenances, and all the estate, right, title, interest, property, claim, and demand whatsoever, of him, the said M. W., in law, equity, or otherwise howsoever, of, in, and to the same. To have and to hold all and singular the premises hereby granted and assigned, and mentioned and intended so to be, vrith the appurtenances and the bond accompanying the said mortgage, unto the said J. B., his heirs, executors, administrators, and assigns. To and for the only proper use and behoof of the said J. B., his heirs, executors, administrators, and assigns, for ever, without recourse to the said M. W., in any event whatever. Subject, nevertheless, to the right or equity of redemption vested in the said C. S., the mortgagor, and his heirs. In witness whereof, the said M. W. has hereunto set his hand and seal this first day of November, A. D. 1853. Sealed and delivered 1 in the presence of j W. X, Y. Z, M. W. 180 ASSIGNMENT. Assignment of a Mortgage. Know all men, by these presents, that I, John Jones, the mort- gagee within named, for and in consideration of the sum of dollars to me in hand paid by William Burns, of Butler, in the County of Butler and State of Pennsylvania, at and before the en- sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, bargained, sold, assigned, and set over, and by these presents do grant, bargain, sell, assign, and set over, unto the said William Buy ns, his heirs and assigns, the within- named indenture of mortgage, and all that messuage, with the ap- purtenances therein mentioned and described ; together with the rights, members, and appurtenances thereunto belonging, and all my estate, right, title, and interest therein ; to have and to hold all and singular the premises hereby granted and assigned, or men- tioned or intended so to be, unto the said William Burns, his heirs and assigns, for ever ; subject, nevertheless, to the right and equity of redemption of the within-named James Stiles, his heirs and as- signg, in the same. In witness whereof, I have hereunto set my hand and seal, this first day of Octoberj A. D. one thousand eight hundred and fifty- two. Signed, sealed, and delivered "I in presence of j Jambs Stone, liiiiEt Harkt Ross. ^^^^ JOHNJOIOIS. Assignment of a Lease. Know all men, by these presents, that I, the within-named John Jones, for and in consideration of the sum of dollars to me in hand paid by William Burns, of Lancaster, in the County of Lancaster and State of Pennsylvania, at and before the ensealing and delivery hereof, the receipt whereof I do hereby acknowledge, have granted, assigned, and set over, and by these presents do grant, assign, and set over, unto the said William Burns, his executors, administrators, and assigns, the within indenture of lease, and all that messuage described therein, with the appurtenances ; and also all my estate, right, title, term of years yet to come, claim, and demand whatsoever of, in, to, or out of the same ; to have and to hold the said messuage and appurtenances unto the said William Burns, his executors, administrators, and assigns, for the residue of the ' term within mentioned, under the yearly rents and cove- nants, within reserved and contained, on my part and behalf to be done, kept, and performed. nL ASSIGNMENT. l81 In witness wliereof, I have hereunto set my hand and seal, this tenth day of March, A. D. one thousand eight hundred and fifty- two. Signed, sealed, and delivered "I in presence of j B. R. TUTTIE, K. on the day of , A. D. 1851. Annex a copy of each account to your answer hereto. Third. Was there, or was there not, a balance in your hands in favor of the said 0. D. on the day of ', A. D. 1851, or at any time since up to the time of your answering these inter- rogatories ? If yea, state the amount particularly. Fourth. Had you in your possession any goods or merchandise, moneys, or effects of any nature whatever, belonging to the said C. D. on the day of , A. D. 1851, or at any time since? If yea, state the nature, quantity, and value of said goods and mer- chandise. Fifth. Were you not, on the said day of , indebted to the said 0. D. in some [and what] amount, or have you not since [and when and how] become so indebted ? B. F. Atiyfor Plaintiff. Recognisance to Restore. Be it remembered, that on the day of , in the year of our Lord one thousand eight hundred and fifty-two, before James Skinner, Esquire, Prothonotary of the Court of County, personally appeared C. D. and B. F., and acknowledged themselves to be severally indebted to G. H., in the sum of ^— dollars, lawful money of Pennsylvania, to be paid to the said G. H., his executors, administrators, or assigns, to be levied of their goods and chattels, lands and tenements, to the use of the said G. H., his executors, 'administrators, or assigns. The condition of this recognisance is such, that whereas the said C. D. did prosecute a writ of attachment out of the Court of County, retucpable at term, one thousand eight hundred and , against the said G. H., to answer him, the said C. D., in a plea of . And thereupon it was so pro- ceeded in the same court, that' the said C. D., afterwards, to wit, in the term of one thousand eight hundred and , by the con- sideration of the said court, did recover against the said G. H, dollars and cents, lawful money of Peinnsylvania, for his damages, by him sustained, as well by the occasion of the non-performance of a certain promise ind assumption by the said ATTACHMENT, (DOMESTIC.) 189 G. H. to the said C. D. before that time made, as for his costs and charges by him about his suit in that behalf expended, to be levied of the goods .and chattels of him the said G. H. Now, if the said G. H. shall, -within one year and a day next ensuing the date of these presents, by himself or attorney, come into court and disprove or avoid the debt, so as aforesaid recovered by the said C. D., or shall discharge the same with costs ; and if the said C. D. shall restore to the said G. H. the goods or effects, or the value thereof attached and condemned as aforesaid, or so much thereof as shall be disproved or discharged, or if the said E. F. shall do it for him, then this recognisance to be void, otherwise to be and remain in full force and virtue. C. D.' [seal.] E. F. [seal.] Taken and acknowledged the tenth day of January, 1852, before me, JAMES SKINNER, Prothonotary. A Domestic Attachment is so called because it may issue against persons who are inhabitants, have their domicile, or are domesticated here, in cases where they have been guilty of certain acts of absconding, absenting, or concealment ; and is, so far as respects creditors, in the nature of a commission of bankruptcy, because it is for the benefit of all the creditors, and all the property of the debtor is seized and distributed among them pro rata. And the like proceedings may be had if any debtor, not having become an inhabitant of this commonwealth, shall confine or conceal himself within the county, with intent to avoid the service of process and to defraud his creditors. Purd. 330 ; Dunlap, 87. See Acts of Assembly, 22d Au- gust, 1762, 4th December, 1807, and 16th June, 1836. 1. It cannot be issued without oath or affirmation first made. 2. It is for the benefit of all the defendant's creditors, and not for the benefit of the plaintiff alone. 3. All the estate of the debtor is vested by the Court in three trustees, not be- ing creditors, who must give security for tflb due execution of the trust, and must make distribution Jimong the creditors. AWof 16th June, 1836, sees. 13, 15, 19, and 32. 4. It can only be dissolved by satisfying the Court [justice] that the parties were not liable to the attachment. Serg. on Attach. 1, 2, 4, 5, 6. * 5. The law on the subject of domestic attachments is founded altogether upon the Acts of Assembly, which contain comparatively full and precise directions for their regulation. But few decisions are to be found upon their construction. Ibid. 7. The forms of writs of domestic attachment in courts of record will be found in Act of Assembly of the 13th June, 1836. Pamph. h. 606. Attachment aqainst Vessels. — To promote the encouragement of the business of ^hip-building, and to protect the tradesmen employed therein from the losses to which they were subjected, as much by the irresponsibility, of their employers, frequently ship-masters, strangers, and persons having no fixed property in the country, as by the non-liability of the vessels built, repaired, and fitted by them for the amount of their bills, an act was passed on the 27th of March, 1784, 2 Sm. Laws, 95, which supplied the deficiencies of the common law, by giving a lien to such workmen upon the vessels, their tackle, apparel, and furniture, from the time of conti acting the debts until the period of such vessels' proceeding to sea next after the doing of the work or furnishing the materials^ 190 ATTACHMENT, (OF VESSELS.) The benefit of this law was, by several supplements, extended to Tarioiis arti- ficers and material-men, other than those therein, indicated. The important por- tions of all these acts have been incorporated in the revised statute of the ISth of June, 1836, Pamph. Laws, 616 ; and it will therefore be unnecessary to cite any other. Troubat & Haly's Penna. Practise. The practice in this form of proceeding is similar in many respects to that pur- sued, in the Court of Admiralty, for the recovery of seamen's wages, and other debts contracted upon the high seas ; and before the abolition of our State Court of Admiralty, upon the adoption of the Constitution of the Pnited States, was pre- cisely similar. The whole proceedings are still, however, different from the course of the com- mon law, except that the trial of disputed facts is by j ury ; these being ascer- tained, the decree and execution are according to the civil law. 2 Serg. St Rawle, 201, Ships and vessels of all kinds, built, repaired, or fitted within the Common- wealth of Pennsylvania, are subject to a lien for all debts contracted by the masters or owners thereof, for work done or materials found or provided in the building, repairing, fitting, furnishing, or equipping of the same, in preference to any other debts due from the owners thereof. This lien continues during the time that intervenes between the contracting of such debts and the time when such ship or vessel shall proceed on her voyage next after the work done or the materials furnished, and no longeir. The lien exists in favor of the following classes of tradesmen and mechanieSi and no others, to wit : Carpenters, Blacksmiths, Mastmakers, Boatbuilders, Block- makers, Ropemakers, Sailmakers, Riggers, Joiners, Carvers, Plumbers, Painters, Shipchandlers, Coppersmiths, Brassfounders, Coopers, Venders of Sail-cloth, Lumber Merchants, Steam-engine and Boiler Makers, and to Venders of Copper- sheathing. For further information on this subject, see Acts of Assembly of 13th June, 1836i Pamph. L. 616 ; 31st March, 1837, Pamph. L. 122 ; and Act of 16th April, 1838, Pamph. L. 626 ; Troubat & Haly's Penna. Practice, &o. Where the repairs have been to a foreign ship, or to a ship in the ports of a state to which she does not belong, the general maritime law recognises an im- plied lien, and allows an attachment to issue, and this whether a voyage has in- tervened or not. Simpson v. The Lyra, D. C. U. S. for E. D. of Penna., 24th Nov. 1848. MS. Libel to Attach a Vessel. To the Honorable the Judges of the District Court of the City and County of Philadelphia, [or, to the. Judges of the Court of Com- mon Pleas of the, &c., as the case may be.] The bill and libel of A. B., M Kensington, in said county, Ship- carpenter, respectfully showetl^ . That on or about the tenth day of March, A. D. one thousand eight hundued and .fifty-two, and during a month preceding, at the port of Philadelphia', in the county aforesaid, your libellant, at the special instance and request of one 6. C, owner or reputed owner of the vessel hereinafter mentioned, furnished materials and per- formed work and labor in the repairing, furnishing, and equipping of the brig or vessel called Mariannej of Philadelphia, of tons and upwards, then lying at a wharf at Kensington aforesaid, where she still remains, not having proceeded on her voyage next after or since the work done and materials furnished as aforesaid. That for his said labor and materials furi^shed there is due to your libellant the sum of five hundred and ten dollars, as per bill of par- ticulars hereto annexed. Wherefore your libellant prays that the said brig, with her tackle, furniture, and apparel, may be attached^ ATTACHMENT, (OF VESSELS.) 191 condemned and sold, by process of this honorable Court, for pay- ment of the said sum due to him ; and that the owner, the captain, and all others concerned in said vessel, may -be warned to appear and show cause why the prayer of your petitioner should not be granted. A. B. W. E. W., Proctor for Lihellant. A. B., being duly sworn, says, that the facts stated in the foregoing petition or libel are true, to the best of his knowledge and belief. A. B. Sworn and subscribed before me, the tenth day of May, A. D. 1862. B. E. L., Alderman. Another Attachment agaimt a Vessel. To the Honorable the Judges of the Court of Common Pleas [or District Court, as the case may be] of the County of Phila- delphia. The bill and libel of A. B., of the county aforesaid, Mastmaker, respectfully showeth: That your lihellant, within the last two months, at the port of Philadelphia, in the county aforesaid, at the special instance and request of C. D., owner of the called the , repaired ^r built, fitted, fiirnished, or equipped the said , and found or provided sundry materials for the same, [or found or provided materials and performed work and labor in the building of the same.] That for his labor and services and materials as aforesaid, there is due to the said A. B. by the said C. D. the sum of dollars, which is unpaid. That the said is now lying in the port aforesaid, and has not gone to sea nor proceeded on her voyage since the work was done or materials furnished as aforesaid. Your lihellant therefore prays that, pursuant to an Act of As- sembly in such case made apd prcmded, an attachment may issue against the sai^ , and that the said , her tackle, fur- niture, and apparel, may be attached, condemned, and soldj for payment of the said sum due to the said A. B. ; and that the cap- tain, owner or owners, and all others concerned, may be summoned to appear before the said Court, on a certain day to be therein named, then and there to answer this the libel of the said A. B. A.B. J. H., Proctor for Lihellant. A. B., being duly sworn according to law, says, that the facta contained in the foregoing petition or libel are true, to the best of his knowledge and belief. A. B. Sworn and subscribed before me, this tenth day of May, A. D 1852. W. A. C, Alderman. 192 ATTACHMENT, (EXECUTION.) Petition of Claimant to join in the Libel after the Vessel has been Seized. The petition and libel of A. B. respectfully showeth : That within the last months C. D., as owner of the ■ or vessel called the , contracted with your libellant, A. B., a debt of dollars, for work and labor done and ma- terials found or provided by said A. B., at the instance of C. D., in the building, fitting, furnishing, or equipping of said or ves- sel, which sum of money is wholly unpaid ; and being so justly due and unpaid, the said vessel called the , her tackle, apparel, and furniture, became, and by reason thereof, and by force of the Act of Assembly in such case made and provided, was and still is, liable to your libellant for the said sum of money ; of all which the said 0. D. had notice. That the said vessel is now lying in the port of Philadelphia, to wit, in the County of Philadelphia, and has not departed therefrom, or gone to sea, or proceeded on her voyage since the said work was done and the said materials found and pro- vided as aforesaid. That the said vessel, her tackle, apparel, and furniture, have been attached, by virtue of an attachment issued out of this honorable Court, at the instance of E. F., upon a libel filed in due form of law to the term of , 1852, No. — , which action is still pending. Now, therefore, your libellant humbly prays that he may become a party libellant, and be received and permitted to prosecute his claim jointly with the said B. P., and may have adjudged to him the amount of his said claim out of the proceeds of the sale of the said vessel, her tackle, apparel, and furniture, with monition to all persons concerned, and especially to the said C. D., as is usual in the like cases ; and that your libellant may have such other relief in the premises as to justice may seem meet. And, &c. A.B. G. H., Proctor for Libellant. A. B., the above libellant, being duly sworn, [or affirmed,] doth say, that the facts set forth in the foregoing libel are just and true, to the best of his knowledge and belief. A. B. Sworn and subscribed before me, this tenth day of May, A. D. 1852. L. F. T., Alderman. For the forms of writs in the attaching and selling of vessels, see the Act of As- sembly of 13th June, 1836. ExECCTiON Attachment, under the Act of 16th June, 1836. — See Purdon, page 442, or Dunlop, page 809. See also Act of 13th April, 1843, Pnrdon, 463 ; Dun- lop, 1004. Act of 29th April, 1844, Purdon, 463 ; Dunlop, 1026. Act of 20tt March, 1845, Purdon, 464; Dunlop, 1035. Act of April 15th, 1845, Purdon. 705 . Dunlop, 1047. Act of April 10th, 1849, Dunlop, 1189. ASTESTATION. X93 Execution Attachmetht, under Act of IQth June, 1836. Erie County, 8S. ,The Commonwealth of Pennsylvania to the Sherift" of said county, greeting: We command you that you attach the goods and chattels, rights, debts, credits, and money of John Doe, in whose hands or possession the same may be found, in satisfaction of a certain judgment ob- tained in our Court of Common Pleas of said county, at the suit of Enos Cram, to Term, 1852, No. — , for the sum of , with interest from the day of , 1851, and costs. And also, that you make known to A. B., C. D., and E. F., and all other persons in whose hands or possession the said goods and chattels, rights, debts, credits, and money, or any of them, may be attached, so that they be and appear before our said Court at Erie the first Monday of next, to show, if any thing they have to say, why the said judgment and costs should not be levied of the effects of the said John Doe in their hands ; and have you then there this writ. Witness the Hon. Gaylord Church, President of the said Court, at Erie, the day of , in the year of our Lord one thousand eight hundred and fifty-two. JAMES SKINNER, Prothonotary . Atiacbment against Absent and Fbatidvlent Debtors, under the Act of 12th June, 1842. — For the law and forms relative thereto, see Pamph. L. 839 ; Purd. Dig., by S. & B., 582 ; Dunl. L. of Penna., 971. ATTESTATION. Attestation is a brief certificate, annexed by the tritnesB to an instrument, vouching its execution. Ordinary form of Attestation. Signed, sealed, and delivered, in the presence of us. Where ihere are Interlineations in Instruments of Writing. Signed, sealed, and delivered, by the within-named John Jones, the words " and his heirs and assigns" [or whatever they may be] having been previously interlined in the tenth and eighteenth lines, in presence of us. 13 194 BILLS OE EXCHANGE AND fKOMISSOET NOTES. Where there are Erasures and Interlineations. Signed, sealed, and delivered by the within-named John Jonea, the words "- ," having been previously strickep out cf the tenth line, and the words " " interlined in the same. Attestation of an Instrvment executed hy a Blind Person. The above-written instrument was signed, sealed, and daliverod by the above-named John Jones, and he being blind, the same was carefully and deliberately read over to him, in presence of us. Form of Attestation for a Will. Signed, sealed, published, and declared by the above-named John Jones, as and for his last will and testament, in the presence of us, who have hereunto subscribed our names as witnesses thereto, in the presence of the said testator, and of each other. BAIL PIECE. Aldermen and Justices of the Peace, so long as the provisions of the Act of 12th July, 1842, are in force, cannot issue a Bail Piece to arrest the principal in any case within the provisions of that Act. Trespass, trover, and some other ex- ceptions are made in said Act. Fof-m of a Bail Piece. County of , ss. John Doe "j Before Alexander W. Blaine, Justice of the Peace. vs. > Judgment for plaintiff for twenty dollars dam- Bichard Roe. J ages, and seventy-five cents costs. I do certify that John Jones of became special bail for the defendant in the above action, in the sum of forty dollars, for the appearance of the said defendant at my oflSce, on the tenth day of January, A. D. 1857, by recognisance taken before me, one of the justices of the peace in and for the said county, the seventh day of January, A. D. 1857, as appears by the record of the said recognisance remaining in my office. Witness the said Justice of the Peace, who has hereunto set his hand and seal, the twentieth day of January, A. D. one thousand eight hundred and fifty-seven. ALEXANDER W. BLAINE. BILLS OF EXCHANGE AND PKOMISSORT NOTES. 195 BILLS OF EXCHANGE AND PROMISSORY NOTES. A BiiL OF ExoHANQE IS defined to be an open letter of request from, and order by, one person on another, to pay a sum of money therein mentioned to a third person, on demand, or at a future time therein specified. 2 Bl. Com. 466 ; Bayl. on Bills, 1 ; Chit, on Bills, 1. »The first party to a bill of exchange is the drawer, or he who makes the order. The drawee is the person to whom it is addressed. The acceptor is he who accepts the bill. The payee is the party to whom, or in whose faTor, the bill is made. The endorser is he who writes his name on the back of a bill. The endorsee is one to whom a bill is transferred by endorsement ; and the holder is, in general, any one of the parties who is in possession of the bill and entitled to receive the money therein mentioned. • Bills of exchange are either foreign or inland. Foreign, when drawn by a person out of, on another in the United States, or vice versa, or by a person in a foreign country, on another person in another foreign country; or by a person in ona state on another in another of the United States. 2 Pet. R. 689 ; 10 Pet. B. 672 ; 12 Pick. 483 ; 15 Wen. 627 ; 3 Marsh (Kty.) R. 488 ; Leigh's R. 37 ; 4 Wash. C. C. Rep. 148 ; 1 Whart. Dig. Tit. Bills of Exchange. In some of the states of our Union there have been conflicting decisions, as to whether a bill drawn by a per- son in one state on another in another of the United States is a foreign bill ; but in Pennsylvania the current of decisions makes them foreign bills. The principal difi^erence between foreign and inland bills is, that the former must be protested, and the latter need not. 6 Mod. 29 ; 2 B. & A. 656 ; Chit, on Bills, (ed. of 1836,) 14. Inland bills of exchange are usually denominated drafts, while the term billt of exchange is applied, in commercial parlance, to bills drawn on foreign countries. Foreign bills of exchange consist, generally, of several parts. A party who has engaged to deliver a foreign bill is bound to deliver as many parts as may be re- quested. 2 Fardess, n. 342. The several parts of a bill of exchange are called a set ; each part should contain a condition that it shall be paid, provided the others remain unpaid. The whole set make but one bill. There is no precise form of words necessary to a bill of exchange ; but to make it negotiable, the power to assign must appear on the face of the instrument ; and therefore, a bill drawn payable to A., without the words " or assigns," " or order," or other words of negotiability, is not endorsable over, so as to subject the acceptor to a suit by the endorsee. 1 Dallas, 194. Possession of a bill of exchange is evidence of an authority to demand payment of its contents. 1 Dal. 193. But there is a distinction between bills endorsed specially, and in blank. Possession of the latter proves property ; but bills spe- cially endorsed .do not pass by delivery ; and, therefore, possession does not prove property in them. 2 Dal. 146 ; 1 Yatea, 94. The following Act of Assembly, in Pennsylvania, passed the 13th of May, 1850, Pamph. L. 746, is very important in relation to bills of exchange : — " In lieu and stead of the damages, which by the act to which this section is a supplement, are to be recovered upon a bill of exchange returned unpaid, with a legal protest; whenever any bill of exchange to be drawn or endorsed after the first day of August, 1850, within this commonwealth, upon any person or persons, or body corporate, of or in any other state, territory, or place, shall be i-eturned for non-acceptance or non-payment, with legal protest, the person or persons to whom the same shall be payable, shall be entitled to recover and receive of and from the drawer or drawers, or the endorsers or endorser, of such bill of exchange, the damages hereinafter specified, over and above the principal sum for which such bill of exchange shall have been drawn, and the charges of protest, together with lawful interest on the amount of such principal sum, damages, and charges of protest, from the time at which notice of such protest shall have been given, and the payment of said principal sum, and damages, and charges of protest demanded, that is to say : if any such bill shall have been drawn upon any person or persons, or body corporate, of or in any of the United States or territories thereof, excepting Upper and Lower California, New Mexico, and Oregon, five per cent, upon such principal sum ; and if upon Upper or Lower California, New Mexico, or Oregon, ten per cent, upon such principal sum ; and if upon China, India, or other parts of Asia, Africa, or Islands in the Pacific Ocean, twenty per cent, upon such principal sum ; and if upon Mexico, the Spanish Main, West Indies, or other Atlantic Islands, East Coast of South America, Great Britain, or 196 BILLS OE EXCHANGE AND PROMISSORY NOTES. other places in Europe, ten per cent, upon such principal sum ; and if upon places on the West Coast of South America, fifteen per cent, upon such principal sum ; and if upon any other part of the world, ten per cent, upon such principal sum." [This act supplies ^d repeals the first section of the act of 30th March, 1821, p. 140.] A Pbomissory Note is defined to he a promise or engagement in writing, to pay a specified sum at a time therein limited, or on demand, or at sight, to a per- son therein named, or his order, or to the bearer. The person who makes the note is called the maker, the person to whom it is payable the payee, and the person to whom he transfers the interest by endors- ment the endorsee. Chit, on Bills, 324. All the parties to a note are liable for the amount due, although only one satis- faction can be recovered ; and executions for costs may be issued in all the suits. 2 D. 116. A note given on Sunday is void, and there can be no recovery upen it. 6 Watts, 23 1 . The endorser of a note is only security that the maker shall pay the money ; if the holder is guilty of neglect, or receives part of the money fi-om the maker, and gives time for the rest, the endorser is no longer responsible. 1 Dal. 262. A demand of payment of the maker, or due diligence in endeavoring to make a demand, is necessary to charge the endorser. 4 S. & R. 480. But if the maker has absconded, and is not to be found when the note falls due, a demand of payment is not necessary to charge the endorser. 4 S. & R. 480; 1 W. & S. 129. Where a promissory note is payable at a particular place, as a bank, and the holder is at the bank until the usual hour for closing the same, on the day on whicn the note falls due, ready to receivfj payment, no further demand on the maker is necessary, in order to charge the Endorser. 1 Rawle, 335 ; 4 W. & S. 505. The holder of a promissory note, in order to render the endorser liable, must demand payment of the note from the maker, or in his absence from his clerk or agent, on the last of the days of grace, and give due notice of the non-payment to the endorser. A demand on the maker before the last day of grace must pass for nothing. 8 Watts, 401 ; 2 Wh. 377 ; 6 W. & S. 179. In the United States there are three days allowed to the payer of a promissory note or bill of exchange, beyond the. time which appears on its face, which are called days of grace. The number of days of grace difi^ers in different countries. By Act (ff Assembly of Pennsylvania, April 11th, 1848, all notes, bills of ex- change, or other instruments negotiable by the laws of the commonwealth, and becoming payable on Christmas-day, the first day of January, the fourth day of July, or any other day fixed upon by law, or by the proclamation of the Governor, as a day of general thanksgiving, or for general cessation of business in any one year, are deemed to become due on the secular day next preceding the afore mentioned days respectively ; and on said secular days demand of payment and ' protest may be made. A Set of Foreign Bills of Exchange. Exchange for J215 Stg. Philadelphia, May 10, 1852, No. 190. Sixty days after sight of this, my first of exchange, (second and third of the same tenor and date not paid,) pay to the order of Messrs. Wilmer, Cohen & Co. two hundred and fifteen pounds ster- ling, value received, and charge the same, without further advice, to JOHN JONES. To Messrs. Baring, Brothers & Co., \ London. f BILLS OF EXCHANSE AND PKOMISSORT NOTES. 197 Second. Exchange for ^215 Stg. Philadelphia, May 10, 1852, No. 190. Sixty days after sight of this, my second of exchange, (first and third^ of the same tenor and date not paid,) pay to the order of Messrs. Wilmer, Cohen & Co. two hundred and fifteen pounds ster- ling, value received, and charge the same, without further Eidvice, to JOHN JONES. To Messrs. B^^ng, Brothers & Co., 1 London. * J Third. Exchange for £215 Stg. Philadelphia, May 10, 1852. No. 190. Sixty days after sight of this, my third of exchange, (first and second of the same tenor and date not paid,) pay to the order of Messrs. Wilmer, Cohen & Co. tw6 hundred and fifteen pounds ster- ling, value received, and charge the same, without further advice, to JOHN JONES. To Messrs. Baring, Brothers & Co., 1 London. J Domestic Bill of Exchange, or Draft. Pittsburgh, June 10, 1852. Three days after sight, pay to the order of William Burns five hundred dollars, value received, which charge to the account of Yours, &c. JOHN JONES. Messrs. Robinson & Co., 1 Philadelphia. ) The form just given is applicable to all drafts drawn by a person in one state of the Union on a person in another state ; but where the dangers attendant on the transmission of a bill of exchange render a duplicate or triplicate desirable, as between the Atlantic states and California or Oregon^ a set of foreign bills of exchange would probably be preferable. The acceptance of a bill of exchange or draft is effected by the drawee writing across the face (usually with red ink) the word accepted, with the date of accept- ance and the acceptor's name, thus : Form of Acceptance. Accepted, May 20th, 1852. Robinson & Co. 198 BILLS OF EXCHANGE AND PKOMISSOET NOTES. Commercial Form for a Promisiory Note. $100 Philadelphia, May 20tli, 1852. Ninety days after date, I promise to pay to the order of William Burns one hundred dollars, without defalcation, for value received. JOHN JONES. Another Form for a Promissory Note. $100 Erie, April 20th, 1852. On the first day of June next, I promise to pay%) the order of William Burns one hundred dollars, with interest, without defalca- tion, for value received. JOHN JONES. Promissory Note, payable at a particular Bank. $50 Pittsburgh, January 10, 1852. Ninety da,ys after date, I promise to pay to the order of William Burns, at the Exchange Bank, five hundred dollars, without defal- cation, for value received. JOHN JONES. Form of Endorsement. Pay to the order of James Brown. -^^ ^ ^ . „ t> ■' William Burns. If the holder of a promissory note procure the endorsement of another person as an accommodation, and the note so endorsed is discounted by a bank, the last endorser should check on the bank for the net proceeds of the note. A Note with Security, or for Two or more Persons. Meadville, Pa., January 10th, 1852. We, or either of us, [or "jointly and severally,"] promise to pay to the order of Eliphalet Betts, on the first day of June next, one thousand dollars, with interest, for value received. JOHN JONES, WILLIAM BURNS. A Note on Demand. Mercer, Pa., January 10th, 1852. For value received, I promise to pay Jared Tuttle, or order, ot demand, one hundred dollars, without defalcation. JOHN JONES. J8®" If a seal is added to a promissory note, it is not barred by the Statute of Limitations, which prevents the recovery of a simple contract debt unless suit be brought or a fresh promise of payment be made within six years. But a promis- sory note with a seal attached, or a bond or single bill, cannot be transferred by a simple endorsement, but only by assignment. BILLS — PENAL AND SINGLE. 199 A Judgment Note differs from a common promissory note in having a seal ap- pended, -with a power of attorney to confess judgment. The maker, by thepower of attorney, authorizes the payee, or his assigns, to have judgment entered, at any time, against said maker, which is a lien upon his lands, and authorizes the is- suing of an execution, whenever said note shall become due and remains unpaid, without resort to a suit to obtain judgment by the ordinary course of law. Judgment Note. For value received, I promise to pay William Bums, of Carlisle, or order, one hundred dollars, mth interest, on the tenth day of January next, And further, I do hereby empower any attorney of the Court of Common Pleas of Cumberland County, or any other Court of Record of Pennsylvania, or elsewhere, to appear for me, and, after a declaration filed, thereupon to confess a judgment against me for the above sum, as of last, next, or any other subse- quent term, with cost of suit, release of errors, &c., with stay of execution until the said tenth day of January next. Witness my hand and seal, at Carlisle^ this tenth day of January, v. D. one thousand eight hundred and fifty-two. Signed, sealed, and delivered, \ in the presence of ) Jambs Stiles, Petee Gkeen. |L JOHN JONES. FElfAL AND SINGLE SILLS. A Penal Bill is a brief substitute for the more formal instrument knovm as a bond. A Single Bill is a writing whereby one or more persons promise to another or others to pay him or them a sum of money at a time specified, and without any condition ; it is usually under seal. A Penal Bill. Know all men, by these presents, that I, E. F., do owe unto Gr. H. the sum of two hundred dollars, to be paid to the said G. H., his executors, administrators, or assigns, with interest, on or before the tenth day of July next ; for the which payiiient, well and truly to be made, I bind myself, my heirs, executors, and administrators, in the penal sum of four hundred dollars, firmly by these presents. In witness whereof, I have hereunto set my hand and seal, at Erie, this first day of April, A. D. one thousand eight hundred and fifty-two. Signed, sealed, and delivered \ in the presence of j Dyer Loomis, .^^^ John Graham. C^T^"' E.F. 1^ V A power of attorney to confess a judgment may, if desired, be added after a penal or single bill. 200 BILLS OF BALE. A Single Bill. Know all men, by these presents, that I, J. F., do owe and am indebted to G. H. the sum of two hundred dollars, to be paid to the said G. H., his executors, administrators, or assigns, with interest, , on or before the tenth day of July next. In witness whereof, I have hereunto set my hand and seal, at Erie, this first day of AprU, A. D. one thousand eight hundred and fifty-two. Signed,. sealed, and delivered \ in presence of J" WILL14M GkIPFITH, ^xx;tf BILLS OF SALE. A Bill or Salb is an agreement in writing, under seal, by which a person passes the right or interest he has in goods and chattels. As the law imports a consi- deration when an agreement is made by deed, (or seal,) a bill of sale, where the property is duly delivered, effects a change of ownership ; but a bill of sale is not considered good against creditors where the personal prosapy is retained in the possession of the original owner. Yelv. 196 ; Cro. Jac. 27(f^ Co. 18. The Act of Congress of January 14th, 1793, 1 Story L. U. S., 276, provides, that when any ship or yessel, which shall have been registered pursuant to that act, or the slot thereby partially repealed, shall in whole or in part be sold or trans- ferred to a citizen of the United States, in' every such sale or transfer there shall be some instrument or writing in the nature of a bill of sale, which shall recite at length the certificate of registry ; or otherwise the said ship or vessel shall be in- capable of being registered anew. In general, the maritime law requires that the transfer of a ship should be evi- denced by a bill of sale. 1 Mason, 306. But a contract to sell, accompanied by delivering possession, is sufficient. 8 Pick. 86; 16 Pick. 401^ 16 Mass. 336; 7 John. 308. See 4 Mason, 516; 4 John. 54; 16 Pet. 215; 2 Hall, 1 ; 1 Wash. C. C. 226. Bill of Sale of Cf-oods and Ohattels. Know all men, by these presents, that I, John Jones, of the Bo- rough of Reading and State of Pennsylvania, in consideration of the sum of dollars to me in hand paid by William Burns, of the same place, at and before the ensealing and delivering of these presents, the receipt whereof I do hereby acknowledge, have bar- gained, sold, released, granted, and confirmed, and by these pre- sents do bargain, sell, release, grant, and confirm, unto the said William Burns, all the goods, household stuff, and implements of household, and all other goods and chattels whatsoever, mentioned and expressed in the schedule hereunto annexed,* now remaining * A schedule must be annexed to this instrument, setting forth at large every article intended to be conveyed to the said William Burns, which must be sigued by the said John Jones. BILLS OF SALE, 201 and being in the house lately occupied by me in Reading aforesaid ; to have and to hold all and singular the said goods and chattels, &c., and every of them, by these presents bargained, sold, released, granted, and confirmed unto the said William Burns, to his only proper use and behoof, his heirs, executors, administrators, and assigns, for ever. In witness whereof, I have hereunto set my hand and seal, this tenth day of May, A. D. one thousand eight hundred and fifty-two. Signed, sealed, and delivered "I in presence of ' j James Stiles, Peter Gkebn. JOHN JONES. Bill of Sale of Goods and Stock, in consideration of Maintenance, S^c, This indenture, made the tenth day of May, one thousand eight hundred and fifty-two, between John Jones, of Pittsburgh, of the one part, and William Burns, of the same place; of the other part, witnesseth, that the said John Jones, in consideration of the cove- nants hereinafter mentioned, on the part of him, the said William Burns, to be performed, and for the further consideration of one dollar to him in hand paid by the said William Burns, hath granted, bargained, and sold, and by these presents doth grant, bargain, and sell, unto the said William Burns, all and singular the stock, goods, household stuff, and implements of household, and all other, goods and chattels whatsoever mentioned and ex- pressed in the schedule hereunto annexed, [see note to Bill of Sale of Goods and Chattels,] now remaining and being in the dwelling- house now occupied by me, and upon the farm on which said dwell- ing-house stands : to have and to hold all and singular the said stock, goods, and chattels, &c., and every of them, by these presents bargained, sold, and confirmed unto the said William Burns, to his only proper use and behoof, his heirs, executors, administrators, and assigns for ever. And the said William Burns, in consideration of the premises, doth hereby for himself, his heirs, executors, and administrators, covenant and agree to and with the said John Jones, his executors, and administrators, that he, the said William Burns, his executors and administrators, shall and will, at his and their costs and charges, maintain and keep the said John Jones, during his natural life, with good and sufficient meat, drink, wearing apparel, washing, and lodging, at his, the said William Burns's, own dwelling-house, and alsc, that the said William Burns, his executors and administrators. 202 BILLS OF SALE. shall pay and allow unto the said John Jones, yearly and every year, during his natural life, the sum of twenty-five dollars for spending- money ; the said several sums of money aforesaid to he paid to the said John Jones, in four equal quarterly payments, to be computed from this day. In witness whereof, the parties to these presents hsive hereunto set their hands and seals, the day and year first above written. Signed, sealed, and delivered \ in presence of J Jambs Stiles, Edward L. Pelton. JOHN JONES. 4 WILLIAM BURNS, m Bill of Sale of a licensed Vessel. To all to whom these presents shall come, greeting : Know ye, that I, John Jones, of Philadelphia, owner of the sloop or vessel called the William Penn, of the burden of one hundred and ninety tons, or thereabouts, for and in consideration of the sum of twenty- six hundred dollars, to me in hand paid, before the ensealing and delivery of these presefits, by William Burns, of the same place, the receipt whereof I do hereby acknowledge, have bargained and sold, and by these presents do bargain and sell, unto the said Wil- liam Burns, his executors, administrators, and assigns, the said sloop or vessel, together with the mast, bowsprit, sails, boats, anchors, cables, and all other necessaries thereunto appertaining and belong- ing, to have and to hold the said sloop or vessel, and appurtenances thereunto belonging, unto him, the said William Burns, his execu- tors, administrators, and assigns, to their sole and only proper use, benefit, and behoof for ever. And I, the said John Jones, have, and by these presents do promise, covenant, and agree for myself, my heirs, executors, and administrators, to and with the said Wil- liam Burns, his executors and administrators, to warrant and de- fend the title to the said sloop or vessel, and all the other before- mentioned appurtenances, against all and every person and persons whomsoever. In testimony whereof, I have hereunto set my hand and seal, this tenth day of May, one thousand eight hundred and fifty-two. Signed, sealed, and delivered "I in presence of J James Stiles, Peter Green. JOHN JONES BILLS OF iBALE. 203 A Bill of Sale of a Begiatered Ship. Know all men by these presents, that we, J. J. and W. B., of the City of Philadelphia, merchants, for and in consideration of ten thousand dollars to us paid by R. R., of the same city aforesaid, broker, the receipt whereof we do hereby acknowledge, do grant, sell, and transfer unto the said R. R., his executors, administrators, and assigns for oyer, all that good ship or vessel, called " Calista," now lying at Philadelphia, together with all and singular the masts, sails, yards, anchors, cables, ropes, cords, guns, gunpowder, ammu- nition, small arms, tackle, apparel, boats, oars, and appurtenances whatsoever, to the said ship or vessel belonging, or in any wise ap- pertaining ; which said ship or vessel has been duly registered, pur- suant to act of Congress for that purpose, and the certificate of such registry is as follows : [here recite the whole certificate verba- tim :'\ to have and to hold the said ship or vessel " Calista," and alj other the above-bargained premises, unto the said R. R., his execu- tors, administrators, and assigns, to his and their own use for ever. And we, the said J. J. and W. B., for ourselves, our executors, and administrators, covenant, promise, and agree to and with the said R. R., his executors, administrators, and assigns, that we have good right, full power, and lawful authority to grant, bargain, and sell the same and the hereby bargained premises unto the said R. R., in manner and form aforesaid ; and that the said hereby bar- gained premises, and every part thereof, are free and clear of and from all charges and encumbrances whatsoever. In witness whereof, we have hereunto set our hands and seals, this tenth day of April, A. D. one thousand eight hundred and fifty- two. Signed, sealed, and delivered 1 in presence of j Wm. C. Curry, Anthony Saltsman. J.J. W. B. A bill of sale of an enrolled ship is similar to the above form, except that the certificate of enrolment is recited instead of the certificate of registry. 204 BONDS. BONDS. A Bond or Obligation is a deed whereby the obZigor obliges himself, his heirs, executors, and administrators, to pay a certain sum of money to another at a day appointed. If this be all, the bond is called a single bond ; but there is generally a condition added, that if the obligor does some particular act, the obli- gation shall be void, or else shall remain in full force and virtue. 2 Bl. Com. 840. •The penal sum in a jond is usually double the amount of the real debt, and is de- signed to cover the amount of said debt, together with interest and costs. All that can be recovered of a penal sum are interest and costs, in addition to the amount of the real debt ; but care should be taken to distinguish between a penalty and liquidated damages. It is difficult, in some cases, to distinguish between the two, but our courts, in general, have inclined to consider the sum reserved by such agreement to be a penalty, rather than as stipulated damages, whenever it is suffi- ciently clear that only a penalty was intended. A bond was given in the sum of $1000, with condition for the extinguishment, within nine months from the date, of encumbrances on certain property then sold by the obligor to the obligee: Held, that the sum mentioned, was in the nature of a penality ; and not to be considered as stipulated damages. Kobeson v. White- sides, 16 S. & R. 320. . If an agreement contain a penalty, the party may bring debt for the penalty, and can recover no more; or he may bring covenant, and recover more or less damages than the penalty. Martin v. Taylor, 1 W. C, C. R. 1. If the obligation of a bond be possible at the time of making it, but afterwards becomes impossible by the act of God, then the penalty is saved. A bond, in Pennsylvania, may be transferred under act of Assembly, by endorse- ment under hand and seal, in the presence of two witnesses ; and in such case the assignee may bring suit in his name, '' The assignee of a bond takes it at his own peril. He stands in the same place as the obligee, so as to let in every defalcation which the obligor had against the obligee at the time of the assignment on notice of the assignment. The only intent of the act being to enable the assignee to sue in his own name, and prevent the obligee from releasing after assignment. 5 Binney, 282 ; 2 Bin. 165 ; 1 Dallas, 27 ; 2 Dai; 398 ; 4 Dal. 871 ; 17 S. & R. 287 ; 1 Penna. R. 262; 1 Rawle, 227. This rule, however, is subject to one qualification. If the assignee, when he is about to take the assignment, calls upon the obligor to know whether the whole money is due, and the obligor tells him it is a good bond, but is entirely silent as to any claim of his against the bond, he can never after open his mouth against the demand of the assignee. 1 Bin. 433. See also 8 Yeates, 350; 16 S. & R. 18; 1 Penna. E. 24 ; Ibid. 476. Where there is a penal bond vrith several payments at different times, and the -obligor fails to meet any one payment as it becomes due, the obligee can declare on the penalty, and take a judgment on the whole of the real debt mentioned in the bond, witii stay of execution on the several payments, until such payment should become due, as by the conditions of the bond. An instrument under seal is not barred by the Statute of Limitations. As, for instance, at the expiration of twenty years, without the payment of interest on a bond or other acknowledgment of its existence, satisfaction is to be presumed ; but if a single day less than twenty years has elapsed, the presumption of satisfaction from mere lapse of time, does not arise. This is evidently an artificial and arbi- trary distinction, but it is sanctioned by immemorial usage. The conditional part only, of some bonds, is inserted in this work ; but it is only in those cases where the penal part is in the usual form, or like some particular one referred to. Common Form of Bond. Know all men by these presents, that I, John Jones, of Erie, in the County of Erie and State of Pennsylvania, am held and firmly bound unto William Burns, of Meadville, in the County of Crawford, and state aforesaid, m the sum of one thousand dollars, [this amount BONDS. 206 is called the penal sum, and is usually double the amount of the real debt,] lawful money of the United States, to be paid to the said William Burns, or his certain attorney, executors, administra- tors, or assigns ; to which payment well and truly to be made and done, I do bind myself, my heirs, executors, and administrators, and every of them, firmly by these presents : sealed with my seal, and dated the tenth day of May, A. D. one thousand eight hundred and fifty-two. The condition of this obligation is such, that if the above-bounden John Jones, his heirs, executors, • administrators, or any of them, shall and do well and truly pay or cause to be paid unto the above- named William Burns, his executors, administrators^ or assigns, the just and full sum of five hundred dollars, lawful money aforesaid, with legal interest for the same, on or before the twenty-first day of January next, without fraud or further delay, then this obliga- tion to be void and of none efiect, or else to be and remain in full force and virtue. Signed, sealed, and delivered \ in presence of J 'James Stiles, DaTIS EnSSELL. JOHN JONES. Judgment Bonds Know all men by these presents, that I, John Jones, of the City of Pittsburgh, am held and firmly bound unto William Burns, of the same place, in the sum of- one thousand dollars, lawful money of the United States, to be paid to the said William Burns, or his certain attorney, executors, administrators, or assigns ; to which payment, well and truly to be made and done, I do bind myself, my heirs, executors, and administrators, and every of them, firmly by these presents : sealed with my seal, and dated the tenth day of May, A. D. one thousand eight hundred and fifty-two. The condition of this obligation is such, that if the above-bovmd John Jones, his executors, administrators, or any of them, shall and do well and truly pay, or cause to be paid, unto the above-named William Burns, his executors, administrators, or assigns, the just and fuU sum of five hundred dollars, lawful money aforesaid, in manner following, that is to say, one hundred dollars on the tenth day of May, one thousand eight hundred and fifty-four, two hun- dred dollars on the tenth day of May, one thousand eight hundred and fifty-five, and the remaining two hundred dollars on the tenth day of May, one thousand eight hundred and fifty-six, with annual interest on the whole sum, without fraud or further delay, then this 206 BONDS. obligation to be void, or else to be and remain in full force and virtue. And further, I do hereby empower any attorney of any of the courts of record of this state or elsewhere to appear for me, and after one or more declarations filed for the above penalty, there- upon to confess judgment or judgments against me, as of the last, next, or any subsequent term, with stay of execution on each and every payment until such payment respectively falls due, and with release of errors, &c. Signed, sealed, and delivered "I in presence of J James Stiles, Thomas Beown. JOHN JONES. Bond from one Person to two. Know all men by these presents, that I, John Jones, of Lancas- ter, in the County of Lancaster and State of Pennsylvania, am held and firmly bound unto William Burns and Charles Dean, of the same place, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said William Burns and Charles Dean, or one of them, or to their certain attorneys, executors, a!d- ministrators, or assigns ; to which payment, well and truly to be made and done, I do bind myself, my heirs, executors, and adminis- trators, and every of them, firmly by these presents : sealed with my seal, and dated the first day of June, A. D. one thousand eight hundred and fifty-two. The condition of this obligation is such, that if the above-bound John Jones, his executors or administrators, do and shall well and truly pay or cause to be paid to the above-named William Burns and Charles Dean, or either of them, their or either of their execu- tors, administrators, or assigns, the just and full sum of five hun- dred dollars, lawful money aforesaid, with legal interest for the same, on or before the first day of June, A. D. one thousand eight hun- dred and fifty- three, without fraud or further delay, then this obli- gation to be void, or else to be and remain in full force and virtue Signed, sealed, and delivered "1 in presence of j James Stiles, vi^r Jared Tuttle. :Mlmi JOHN JONES. I^ft BONDS. 207 Bond from two Persons to one. Kinow all men by these presents, that we, John Jones and Wil- liam Burns, of Eeading, in the County of Berks and State of Penn- sylvania, are held and firmly bound unto Charles Dean, of the same place, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said Charles Dean, or his certain attorney, executors, administrators, and assigns ; to -which payment, well and truly to be made and done, we do bind ourselves and each of us by himself, [if one of the obligors be a woman, write " ly him and herself,"'] for and in the whole, our heirs, executors, adminis- trators, and each of us, firmly by these presents : sealed with our seals, and dated the first day of January, A. D. one thousand eight hundred and fifty-two. The condition of this obligation is such, that if the above-bound John Jones and William Burns, or either of them, their or either of their executors or administrators, do and shall well and truly pay or cause to be paid to the said Charles Dean, his executors, admi- nistrators, or assigns, the just and full sum of five hundred dollars, lawful money aforesaid, with legal interest for the same, on or before the first day of January, A. D. one thousand eight hundred and fifty-three, then this obligation to be void, or else to be and remain in fuU force and virtue. Signed, sealed, and delivered 1 in presence of f James Stiles, , ,5iil^ Eliphalet Bbtts. ^^^^ JOHN JONES. ^HP WILLIAM BURNS. Bond of Indenmity to Bail. Know all men by these presents, that I, John Jones, of Doyles- town, in the County of Bucks and State of Pennsylvania, am held and firmly bound unto William Burns, of Reading, in the County of Berks and state aforesaid, in the sum of one thousand dollars, lawful money of the United States, to be paid to the said William Burns, or his certain attorney, executors, administrators, or assigns ; to which payment, well and truly to be made and done, I do bind myself, my heirs, executors, administrators, and every of them, firmly by these presents : sealed with my seal, and dated the first day of June, A. D. one thousand eight hundred and fifty-two. 208 BONDS. Whereas, the above-named William Burns, at the special instance and request of the above-bound John Jones, together with the said John Jones and Thomas Brown, of Reading aforesaid, is bound to Charles Dean, Sheriff of the County of Berks, in the penal sum of five hundred dollars, lawful money of the United States, conditioned for the appearance of the said John Jones before the Judges of the Court of Common Pleas at Reading, in and for the County of Berks, on the first Monday of August next, to answer Richard Dale in a plea of trespass on the case, [or as the plea is expressed in the bail- bond,'] as by the said in part recited bond or obligation and con- dition, thereunder written, may more fully appear. Now the con- dition of this obligation is such, that if the ab6ve-bound John Jones do and shall appear according to the condition of the said bond or obligation, and as the law in such cases requires, and if the said John Jones, his heirs, execijtors, and administrators, shall also from time to time, and at all times hereafter, save harmless and indem- nify him, the said William Burns, his executors and administrators, and his and their goods and chattels, lands, and tenements, of and from all damages, sum and sums of money, costs and charges what- soever, which he, they, or any of them, shall or may at any time or times hereafter sustain or be put unto, by reason or means of the said William Burns being bound for the appearance of the said Jones as aforesaid, then this obligation to be void, or else to be and remain in full force and virtue. Signed, sealed, and delivered 1 in presence of / Jambs Stiles, A. Atcheson. JOHN JONES. Refunding Bond to Executors, on payment of Legacy. Know all men by these presents, that we, John Jones, of Erie, in the County of Erie and State of Pennsylvania, legatee under the the last will and testament of Thomas Brown, deceased, and Charles Dean, of Erie aforesaid, are held and firmly bound unto Richard Dale and Abel Stone, executors of the last will and testament of the said Thomas Brown, deceased, in the sum of five hundred dol- lars, lawful money of the United States, to be paid to the said Richard Dale and Abel Stone, or to their certain attorney, execu- tors, administrators, or assigns; to which payment well and truly to be made and done, we do bind ourselves and each of us by him- self, for and in the whole, our heirs, executors, and administrators, and every of them firmly by these presents : sealed with our seals, and dated the first day of May, A. D. one thousand eight hundred and fifty-two. BONDS. 209 Whereas the said Thomas Brown, by his said last will and testa- ment, bearing date the tenth day of March, one thousand eight hundred and fifty-one, did give and bequeath unto the said John Jones a certain legacy of two hundred and fifty dollars, [or " one equal fourth part 0/ his personal estate after the payment of debts," or as the case may 6e,] as by the said in part recited will, duly proved and remaining on record in the register's office, at Erie, ap- pears. Now the condition of this obligation is such, that if any part, or the whole of the said legacy, shall, at any time after payment thereof to the said John Jones, appear to be wanting to discharge any debt or demand, which the said executors shall not have other assets to pay ; then and in such case, if the said John Jones, his heirs, executors, or administrators, shall and do return the said legacy, or such part thereof as shall be necessary for the payment of the said debt or demand, and the costs and charges attending the recovery of the same, then this obligation shall be void and of none effect, or else shall be and remain in full force and virtue. Signed, sealed, and delivered \ in presence of J James Stiles, A. A. Ceaig. JOHN JONES. WILLIAM BURNS. Refunding Bond, given hy Distributee under approval of Court, (Sees. 41 and 57 of Act of 2ith of February, 1834, " relating to Executors and Administrators.") Know all men by these presents, that we, John Jones and Wil- liam Burns, are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of five hundred dollars, lawful money, to be paid unto the said commonwealth, her certain attorney, or as- signs ; to which payment well and truly to be made, we do bind our- selves, and each of us, our heirs, executors, and administrators, jointly and severally, firmly by these presents : sealed with our seals, dated the tenth day of May, in the year of our Lord one thousand eight hundred and fifty-two. Whereas, Abel Brown, administrator of the estate of Charles Dean, deceased, has presented to the Orphans' Court of Alleghany County a statement of all demands against said estate, which have been made known to him, and after deducting the amount thereof from the assets in his hands, together with such further sum as may 14 210 BOITDS. be necessary co pay the interest and costs of suitof such as may be in dispute, and such as he may deem it his duty to dispute, he is de- sirous of making distribution of the residue under the direction of the said Orphans' Court, and whereas the said John Jones is entitled to two hundred and fifty dollars, and the said William Burns has been approved of by the said Court as security for the said John Jones. Now the condition of this obligation is such, that if any debt or demand, other than as hereinbefore alluded to, be recovered against the estate of the said Charles Dean, or otherwise be duly made to appear, which the said Abel Brown shall not have other assets to pay,' then and in such case, if the said John Jones shall and do return and refund the said sum of two hundred and fifty dollars, or such ratable part thereof as may be necessary for the payment of such debt or demand, then this obligation shall be void and of none effect, or else shall be and remain in full force and virtue.- Signed, sealed, and delivered "1 in presence of J James Stiles, Clark McSparrbn. JOHN JONES. WILLIAM BURNS. r^j Bond by Guardian, at his Appointment. Know all men by these presents, that we, John Jones and Wil- liam Burns, both of Erie, in the County of Erie and State of Penn- sylvania, are held and firmly bound to the Commonwealth of Penn- sylvania, in the sum of one thousand dollars, lawful money, to be paid to the said commonwealth, her certain attorney, or assigns ; to which payment well and truly to be made and done, we do bind oui-- selves, our heirs, executors, and administrators, and each of us, firmly by these presents: sealed. with our seals, and dated the tenth day of May, A. D. one thousand eight hundred and fifty-two. The condition of this obligation.is such, that if the above-bounden John Jones, guardian of Thomas Brown, a minor child of Charles Brown, late of Erie, deceased, shall at least once in every three years, and at any other time when required by the Orphans' Court for the County of Erie, render a just and true account of the manage- ment of the property and estate of the said minor, under his care, and shall also deliver up the said property agreeably to the order and decree of the said court, or the directions of law, and shall in all respects faithfully perform the duties of guardian of the said BONDS. 211 Thomas Brown, then the 'above obligation shall be void, otherwise it shall be and remain in full force and virtue. Signed, sealed, and delivered \ in presence of James Stiles, J. B. Gaea. I JOHN JONES. WILLIAM BURNS. Bond hy Hzecutor, on application to Orphans' Court for an Order to Sell or Mortgage Real Ustate. Know all men by these presents, that we, John Jones and Wil- liam Burns, of the Township of Wayne, and County of Erie, are held and firmly bound to the Commonwealth of Pennsylvania, in the sum of one thousand dollars, lawful money, to be paid to the said commonwealth ; to which payment well and truly to be made, we do bind ourselves, our heirs, executors, and administrators, and each of us, firmly by these presents: sealed with our seals, and dated the tenth day of May, A. D. one thousand eight hundred and fifty-two. The condition of this obligation is such, that if the above-bounden John Jones, executor of the last will and testament of Thomas Brown, late of Concord, deceased, shall and do faithfully execute the powers committed to him by the Orphans' Court of the County of Erie, for selling [or mortgaging] the real estate of the said dece- dent, and shall make a faithful appropriation of the proceeds of such sale [or mortgage] according to his duty, and in such manner as the said court shall legally decree, then the above obligation to be void, or else to be and remain in full force and virtue. Signed, sealed, and delivered "1 in presence of j " Jambs Stiles, John Ev^ns, Jr. JOHN JONES. WILLIAM BURNS. 212 BONDS. Bond hy Administrator, n application to Orphans' Oourtfor tn Order to Sed or Mortgage Real Estate. Know all men by these presents, &c. [as in the last preceding bond.] The condition of this obligation is such, that if the above-bounden John Jones, administrator of all and singular the goods and chattels, lands and tenements, which were of Thomas Brown, late of Erie, de- ceased, shall and do faithfully appropriate the proceeds of such sale [or mortgage\ according to his respective duty, and in such a manner as the Orphans' Court shfill legally decree, then the above obligation to be void, ,or else to be and remain in full force and virtue. [To be signed and witnessed like the preceding.] Bond, hy G-uardian, on application to Orphans' Court for an Order to Sell or Mortgage B-eal Estate. Know all men, by these presents, &c. [as in the bond next pre- ceding the last.] The condition of this obligation is such, that if the above-bounden John Jones, Guardian of Charles Brown, a minor child of Thomas Brown, late of Erie, deceased, shall and do faithfully appropriate the proceeds of such sale [or mortgage'] according to his respect- ive duty, and in such manner as the Orphans' Court shall legally decree, then the above obligation to be void, or else to be and remain in full force and virtue. [To be signed. and witnessed as in the form next preceding the last.] Conditional Part of a Bond for the performance of Covenants. The condition of this obligation is such, that if the above-bound John Jones, his heirs, executors, or 'administrators, shall and do in all things well and truly observe, perform, fulfil, and keep all and singular the covenants, grants, articles, clauses, provisos, condi- tions, and agreements whatsoever which, on the part of the said John Jones, are or ought to be o'bserved, performed, fulfilled, and kept, comprised and mentioned in certain indentures of lease, bear- ing even date herewith, and made, or mentioned to be made, be- tween the said John Jones, of the one part, and the above-named William Burns, of the other part, according to the purport, true intent, and meaning of the same, then this obligation to be void, or else to be and remain in full force and virtue. BONDS. 213 Oondiilonal Part of a Bond to execute a Conveyance. The conditi«ta of this obligation is such, that if the above-bound John Jones shall and do, on or before the first day of May next en- suing the date hereof, or, in case of his death before that time, if the heir or heirs of the said John Jones, within six months next after his decease, (if such heir or heu's shall be then of full age, or if within age, then within six months after such heir or heirs shall be of full age,) shall and do, upon the reasonable request, and at the proper cost and charges in the law, of the said William Burns, his heirs or assigns, make, exeQute, and acknowledge, or cause to be made, executed, and acknowledged, all and every such act or acts, deed or deeds, conveyance or conveyances whatsoever, which shall be needful or necessary for conveying, assuring, establishing, and confirming unto the said William Burns, Ms heirs and assigns, a good, pure, absolute, and indefeasible estate of inheritance in fee simple, clear of all encumbrances, of and in a certain messuage, situated in the Town of Beaver, Beaver County, Pennsylvania, and bounded and described as follows, to wit, \Jiere describe the premises ly its boundaries,'] with the appurtenances ; and if in the mean time, and while and until the same deed or deeds shall be executed, the said John Jones, his heirs and assigns, shall and do permit and sufier the said William Burns, his heirs and assigns, peaceably and quietly to have, hold, and enjoy the same messuage, piece or parcel of land, then this obligation to be void, or else to be and remain in full torce and virtue. Conditional Part of a Bond to leave Money to a Wife. Whereas, a marriage is intended to be shortly had and solemnized between the above-bound John Jones and Anne Brown, (daughter of the above-named Thomas Brown :) Now the condition of this ob- igation is such, that if (after the said intended marriage) the said A.nne Brown shall happen to survive the said John Jones, (her in- tended husband,) then and in such case, if the heirs, executors, or administrators of him, the said John Jones, shall and do, within the space of six months next after his decease, well and truly pay or cause to be paid unto her, the said Anne, or her assigns, the sum of two thousand dollars, to and for her own proper use and benefit, And to be at her own free and absolute disposal, without ,any man- ner of account to be given by her for or concerning the same, then this obligation to be void, or else to be and remain in full force and virtue. Conditional Part of a Bond to permit a Wife to make a Will. Whereas, a marriage is intended to be shortly had and solemnized between the above-bound John Jones and the said Anne Brown : Now the condition of this obligation is such, that if, after the said intended marriage, the said John Jones shall and do permit and 214 BONDS. Buflfer the said Anne Brown to make her last will and testament in writing, and in and by the same, at her will and pleasure, to be- queath or otherwise dispose of all such household ftirniture, wear- ing apparel, or other goods or chattels whatsoever, whereof she is now possessed ; and if the said John Jones, his executors or admi- nistrators, shall and do, on request to him or them made, well and truly deliver, or cause to be delivered, unto the legatee or legatees named in the said will, their legal representatives or assigns, all such goods and chattels as shall be to them respectively bequeathed by the said will, according to the directions thereof, then this obli- gation to be void, or else to be and remain in full force and virtue. Conditional Part of a Bond to maintain Parents. Whereas, the said John Jones and Mary his wife, by indenture bearing even date herewith, have granted and confirmed unto the said William Jones, in fee, a certain messuage situated, &c., \_kere describe the premises as in the deed,'] with the appurtenances, the said William Jones having agreed to maintain them, the said John Jones and Mary his wife, (his father and mother,) during their na- tural lives, or the life of the survivor of them : Now the condition of this obligation is such, that if the above-bound William Jones, his heirs, executors, administrators, or assigns, shall and do well and sufficiently maintain, support, and keep the said John Jones and Mary his wife during their natural lives, and the life of the survivor of them, with good and sufficient meat, drink, apparel, washing, lodging, and attendance in sickness and in health, an'' also pay unto them, him, or her the sum of forty dollars yearly during the term aforesaid, then this obligation to be void, or else to be and remain in full force and virtue. Another Form for the Conditional part of a Bond to maintain Parents. Whereas, the said John Jones and Mary his wife, by indenture bearing even date herewith, have granted and confirmed unto the said William, Jones, in fee, a certain messuage situated, &c., \here describe the premises as in the deed,] with the appurtenances, the said T^illiam Jones having agreed to maintain them, the said John Jones and Mary his wife, (his father and mother,) during their na- tural lives, and the life of the survivor of them : Now the condition of this obligation is such, that if the said William Jones, his heirs, executors, administrators, or assigns, shall and do allow the said John Jones and Mary his wife, and the survivor of them, the sole use of the house {or room] which they now occupy on the premises, with the necessary privileges in the kitchen and cellar, and shall and do deliver, or cause to be d'ehvered, unto the said John Jones yearly and every year during the joint lives of the said John Jones BONDS. 215 and Mary his wife, the following articles, in good order and at pro- per seasons, to wit, [Aere mention the articles^ and in case of the death of either of them, shall and do deliver unto the survivor of them the articles, and shall and do provide and keep for them, and the survivor of them, a good riding horse and milk cow, to be changed as often as need be, and feed and pasture the same in like manner with his or their own, then this obligation to be void ; but if default shall ^ made in any of the articles aforesaid, then to be and remain in full force and virtue. Conditional Part of a Bond to keep a Person during Life. The condition of this obligation is such, that whereas, the above- bound John Jones, for and in consideration of a competent sum of money, as well as the sum of one dollar to him in hand paid by the above-named William Burns, has agreed and undertaken to keep the said William Burns during his natural life ; if, therefore, the said John Jones, his executors, administrators, or assigns, do and shall, from time to time, and all times hereafter, during the life of the said William Burns, well and sufficiently maintain and keep, or cause to be well and sufficiently maintained and kept, the said Wil- liam Burns, in the house of him, the said John Jones, with meat, drink, clothes, and all other things necessary and convenient, then this obligation to be void, or else to be and remain in full force and virtue. Conditional Part of a Bond to execute a Conveyance at a time to come, and that the Obligee receive the Profits. The condition of this obligation is such, that if the above-bound John Jones, his heirs, executors, or administrators, do and shall, upon and at the request of the said WiUiam Burns, his heirs or as- signs, on or before the first day of May next ensuing the date hereof, convey and assure, or cause to be conveyed and assured, unto the said William Burns, his heirs and assigns, or to such other person and persons, and to his and their heirs, as the said William Burns shall nominate and appoint, and to such uses as he shall direct, a messuage or tenement situated, &c., \here describe the premises by boundaries^ now in the possession of Charles Dean, by such con- veyances and assurances in the law as by the said William Burns, or his heirs, or by his or their counsel learned in the law, shall be reasonably devised or advised and required, freed and discharged of and from all encumbrances whatsoever, except, &c. ; and also, if the said John Jones, his heirs and assigns, or either of them, do and shall, until such a conveyance and assurance be made and executed as aforesaid, permit and suflfer the said William Burns, his heirs and assigns, peaceably and quietly to have, receive, and take to his and their own proper use and uses the rents, issues, and profits of all and singular the premises, and every part and parcel thereof, 216 BONDS. without any manner of let, suit, trouble, disturbance, hindrance, or denial of the said John Jones, his heirs and assigns, or any of them, or of any other person or persons ■whatsoever, by his or their, or any of their, meansj right, title, or procurement, then this obligation to be void, or else to be and remain in full force and virtue. Conditional Part of a JBondfor service of an'Ajiprentice. Whereas, Thomas Jones, son of the above-bound John Jones, by indenture of apprenticeship bearing even date with the above-writ- ten obligation, hath bound and put himself apprentice to the above- named William Burns, with him to dwell and abide, from the day of the date hereof unto the full end and term of five years thence next ensuing, and fully to be completed and ended, as by the said indenture may more fully appear : Now the condition of this obli- gation is such, that if the said Thomas Jones shall well and truly serve and dwell with the said William Burns, after the manner of an apprentice, during all the said term of five years, according to the true intent and meaning of the said indenture, and shall behave himself honestly and obediently towards the said William Burns, \his executors, administrators,^ or assigns,] as a good and dutiful appi entice ought to do, during the said term, then this obligation to be void, or else to be and remain in full force and virtue. Conditional Part of a Bond of an Attorney to account to his Client. Whereas, by letter of attorney bearing date the tenth day of June, A. D. one thousand eight hundred and fifty-one, the said William Burns hath duly authorized and empowered the above- bound John Jones to recover and receive divers debts and sums of money to the use of the said William Burns, as by the said letter of attorney more fully and at large appears : Now the condition of this obligation is such, that if the above-botmd John Jones shall and do account for and pay unto the said William Burns, his exe- cutors, administrators, or assigns, all such sum or sums of money as he shall from time to time receive by virtue of the said letter of attorney, (the reasonable commissions and expenses of the said John Jones for recovering and receiving the same being fiirst de- ducted therefrom,) then the above obligation to be void, or else to be and remain in full force and vittue. Conditional Part of a Bond of the Treasurer of a Company. Whereas, the above-bounden John Jones has been chosen Trea- surer of the Erie and Waterford Turnpike Road Company, and by reason whereof he will receive into his hands divers sums of money, goods, and chattels, and other things, the property of the said Com- BONDS. 217 pany : No-fl tlie condition of this obligation is such, that if the said John Jones, his executors or administrators, at the expiration of his said office, upon request to him or them made, shall make and give ^hto such auditor or auditors as shall be appointed by the said Com- panyi a just and true account of all such sum or sums of money, goods, and chattels, and other things, as have come into his hands, charge, or possession, as Treasurer aforesaid, and shall and do pay and deliver over to his successor in office, or any other person duly authorized to receive the same, all such balances or sums of money, goods, and chattels, and other things, which shall appear to be in his hands and due from him to the said Company, then this obliga- tion to be void, or else to be and remain in full force and virtue. Conditional Part of a Bond to a Mother of a Bastard Child. The condition of this obligation is such, that if the above-bound John Jones, his heirs, executors, administrators, or any of them, shall and do well and truly pay, or cause to be paid, unto the above- nimed Mary Burns, or to her certain attorney, executors, adminis- trators, or assigns, the just and full sum of one dollar lawful money as aforesaid, weekly, and every week, until a certain male bastard child, born of the body of her the said Mary Burns, begotten by him the said John Jones, arrives at the age of seven years, if the said child should so long live, the first payment to be made on the eighth day of May, instant, [if given pursuant to the judgment of the Court of General Quarter Sessions of the Peace, add the follow- ing words: '■'■According to the sentence of the Court of General Quarter Sessions of the Peace, vf Berks County, held August Ses- sions, 1852,"] then this obligation to be void, or else to be and remain in full force and virtue. Conditional Part of a Bond of Indemnity to the Surety in a Bond. The condition of this obligation is such, that whereas the above- named William Burns, at the special instance and request of the above-bounden John Jones, and for his debt, duty, matter, and cause only, together with him, the said John Jones, are held, and firmly bound unto a certain Thomas Dale, of Harrisburg, in and by one obligation, bearing even date herewith, in the penal sum of one thousand dollars, lawful money as aforesaid, conditioned for the true payment of five hundred dollars, like money, on or before the tenth day of October, next ensuing the date of the said obligation, as by the said in part recited obligation and condition thereof, relation being thereunto had, appears. If, therefore, the said John Jones, his heirs, executors, or administrators shall and do, on or before the said tenth day of October, well and truly pay, or cause to be paid, unto the above-named Thomas Dale, or his certain attorney, executors, administrators, or assigns, the afore- 218 BONDS said debt or sum , of five hundred dollars, -with interest, m dis- charge of the said recited obligation, and also, shall and do fiom time to time, and at all times hereafter, well and sufiSciently save, defend, keep harmless, and indemnify the said William Burns, his heirs, executors, and administrators, and his and their goods and chattels, lands and tenements, of and from the said obligation, and of and from all actions, suits, payments, costs, charges, and damages, for or by reason thereof, then this obligation to be void, or else to be and remain in full force and virtue. Conditional Part of a Bond of Indemnity to the Bail in a Bail Bond. The condition of this obligation is such, that whereas the above- named William Burns, at the special instance and request of the above-bounden John Jones, in and by one obligation, bearing date the tenth day of June, A. I), one thousand eight hundred and fifty- two, became bound unto Thomas Dale, Esq., High Sheriff of the County of Berks, in the sum of four hundred dollars, conditioned for the appearance of the said John Jones before the Court of Com- mon Pleas, to be held at Reading, the fourth day of August next, as by the said recited obligation and condition thereof, relation- being thereunto had, appears : if, therefore, the said John Jones shall appear according to the said obligation, and as the law requires ; and also shall and do, from time to time, and' at all times hereafter, well and suflSciently save, defend, keep harmless, and indemnify the said William Burns, his heirs, executors, and administrators, and his and their goods and chattels, lands and tenements, of and from the said obligation, and of and from all actions, suits, pay- ments, costs, charges, and damages, for or by reason thereof, then this obligation to be void, or else to be and remain in full force and virtue. Conditional Part of a Bond of Indemnity on paying a lost Note. Whereas the above-named A. B., by his promissory note signed by him, and dated the tenth day of May, A. D. one thousand eight hundred and fifty-two, did promise to pay unto E. F., or order, two hundred dollars, ninety days after date, for value received, and such said note was afterwards endorsed by the said E. F. and others, and became the property of G. H.,.of Erie, as the said G. H. avers ; and whereas the said G. H. alleges he . sent the said note by the mail, on the first day of August last, to the above- bound J. J., to be received by him for the said G. H.'s use ; which said note it is apprehended was stolen out of the mail,' or other- wise lost. And whereas the said A. B. has, on the day of the date hereof, at the request as well of the said G. H. as of the said J. J., BONDS. 219 and upon his, the said J. J.'s promising to indemnify the said A. B. and deliver up the said note to be cancelled when found, paid the said J. J. the sum of two hundred dollars, in full satisfaction and discharge of the said note, the receipt whereof the said J. J. doth hereby acknowledge : The condition therefore of the above-written obligation is such, that if the said J. J., his heirs, executors, or ad- ministrators, or any of them, do and shall, from time to time, and at all times hereafter, save, defend, keep harmless, and indemnify the said A. B., his executors and administrators, and the gbods, chat- tels, lands, and tenements of the said A. B., of, from, and against the said note of two hundred dollars, and of and from all costs, charges, damages, and expenses that shall or may happen to arise therefrom, and also to deliver or cause to be delivered up the said note, when and so soon as the same shall be found to be cancelled, then this obligation to be void, or otherwise to be and remain in ful' force and virtue. Conditional Part of a Band given hy a Master of a Ship or Vessel, to deliver up the same to the Owners on demand. Whereas the above-named 0. D. [the obligee] and the rest of the part-owners of the ship [or vessel] Calista, have employed the above- bound A. B., as master of the same, for so long a time as they or a major part of them shall think fit, and have thereupon delivered the possession of the said ship [or vessel] with her appurtenances to the said A. B. : Now the condition of this obligation is such, that if the said A. B., after notice and demand, shall quietly deliver up the actual possession of the said ship [or vessel] unto the said C. D., or unto such other person as the said part-owners, or the major part of them, shall appoint, together with all and singular the furniture, tackle, apparel, and appurtenances to the said ship [or vessel] be- longing, [reasonable wear and tear excepted,] freed from all charges and encumbrances done or suffered by the said A. B., then this obligation to be void, or otherwise to be and remain in full forte and virtue. Conditional Part of a Bond of Indemnity to Special Bail. The condition of this obligation is such, that whereas the above- named William Burns, at the special instance and request of the above-bound John Jones, became special bail for the said John Jones, in a certain action of trespass, [debt, or as the case may 6e,] at the suit of Daniel Stone, in the Court of Common Pleas, of the County of Erie, as by the recognisance of bail, on record in the said court, relation being thereunto had, appears. If, therefore, the said John Jones shall appear according to the condition c' the said obligation, and as the law requires ; and also, shall and do from time to time, and at all times hereafter, well and sufficiently savo, , 220 BONDS. defend, keep harmless, and indemnify the said William Burns, his heirs, executors, and administrators, and his and their goods and chattels, lands and tenements, of and from the said obligation, and of and from all actions, suits, payments, costs, charges, and damages, for or by reason thereof, then this obligation to be void, or else to be and remain in full force and virtue. Conditional Part af a Bond of Indemnity to Bail in Becognisance. The condition of this obligation is such, that whereas the abovtf- named William Buriis, at the special instance and request of the above-bound John Jones, standeth bound for the said John Jones, to the Commonwealth of Pennsylvania, in the sum of five hundred dollars, conditioned for the appearance of the said John Jones at the next Court of General Quarter Sessions of the Peace, to be held at Mercer, in and for the County of Mercer aforesaid, to answer to such matter and things as shall then and there be objected against him on the Commonwealth's behalf, [or to answer a certain indict- ment preferred against him, for, ^c.,] and also that the said John Jones shall in the mean time keep the peace and be of good behavior towards all the citizens of the commonwealth, and especially towards James Stiles, as by the said recognisance, relation being thereunto had, appears. If, therefore, the said John Jones shall appear, ac- cording to the condition of the said obligation, and as the law re- quires ; and also, shall and do from time to time, and at all times hereafter, well and sufficiently save, defend, keep harmless, and in- demnify the said William Burns, his heirs, executors, and adminis- trators, and his and their goods and chattels, lands and tenements, of and from the said obligation, and of and from all actions, suits, payments, costs, charges, and damages, for or by reason thereof, then this obligation to be void, or else to remain in full force and virtue. Conditional Part of a Bond of Indemnity to Surety in an Admi- nistration Bond. The condition of this obligation is such, that whereas the above- named William Burns, at the special instance and request of the above-lound John Jones, in and by a certain obligation, bearing date the tenth day of May, A. ,D. one thousand eight hundred and fifty-two, hath become bound, together with the said John Jones, unto Thomas Brown, Esq., Register for the Probate of Wills and Grant- ing Letters of Administration in and for the County of Lycoming aforesaid, in the sum of one thousand dollars, for the due adminis- tration of all and singular the goods and chattels, rights and credits, which. were of James Stiles, late of , who died in- testate, &c., as by the said recited obligation and condition thereof, remaining in the Eiegister's office at Williamsport, relation being BONDS. 221 thereunto had, appears. If, therefore, the said John Jones, admi- nistrator as aforesaid, shall and do well and truly administer all and singular the goods and chattels, rights and credits which were of the aforesaid James Stiles, according to law, and do and perform every other act and acts, matters and things,' on the part and in behalf of the said John Jones, to be done and performed according to the true intent and meaning of the condition of the said recited obligation ; and also shall and do from time to tiine, and at all times hereafter, well and suflBciently save, defend, keep harmless, and in- demnify the said William Burns, his heirs, .executors, and adminis- trators, and his and their goods and chattels, lands and tenements, of and from all actions, suits, payments, costs, charges, and damages, for or by reason thereof, then this obligation to be void, or else to remain in full force and virtue. Conditional Part of a Bond of Indemnity to an Executor on pay- ment of a Legacy. The condition of this obligation is such, that whereas William Burns, by his last will and testament, bearing date the tenth day of May, one thousand eight hundred and fifty, did bequeath unto James Jones, the son of the above-bound John Jones, a certain legacy of two hundred dollars, &c. And whereas, the said Thomas Brown, at the request of the said John Jones, hath paid the said legacy unto him for the use and benefit of his said son, who is a minor, under the age of twenty-one years. If, therefore, the said John Jones, his heirs, executors, or administrators shall cause and procure the said James Jones, the son, on his arrival at the age of twenty-one years, to release the legacy aforesaid, unto the said Thomas Brown ; and also, shall and do from time to time, and at all times hereafter, well and sufficiently save, defend, keep harm- less, and indemnify the said Thomas Brown, his heirs, executors, and administrators, and his and their goods and chattels, lands and tenements, of and from the said obligation, and of and from all actions, suits, payments, costs, charges, and damages, for or by reason thereof, then this obligation to be void, or else to be and remain in full force and virtue. Conditional Part of a Bond of Indemnity to save harmless on ' paying Rent. The condition of this obligation is such, that whereas the above- named John Jones, by indenture of lease, bearing date the tenth day of March, one thousand eight hundred and fifty-two, hath de- mised and to farm let unto the said William Burns, all that mes- suage, [describe the 'premises as in the lease,'] to hold the same to the said William Burns, for the term of one year, paying &c., [as in the lease,'] as in and by the said indenture appears. And whereas, 222 BONDS. a certain Thomas Dale claims title to the premises aforesaid, with the appurtenances. If, therefore, the said John Jones shall and do from time to time, indemnify the said William Burns, his heirs, executors, and administrators, and his and their goods and chat- tels, lands and tenements, of and from the claim of the said Thomas Dale, and of and from all actions, suits, payments, costs, charges, and damages, for or by reason thereof, then this obligation to be void, or else to be and remain in full force and virtue. Conditional Part of a Bond of Indemnity against Claim for Bower. The condition of this obligation is such, that whereas the above- boand John Jones, by indenture bearing date the first day of May, one thousand eight hundred and fifty-two, hath granted, bargained, and sold unto tfie above-named William Burns, all that certain mes- suage or piece of land situate, &c., [describe the premises,'] with the appurtenances, to hold the same to him, his heirs and assigns for ever, as by the said indenture, relation being thereunto had, appears. If, therefore, the said John Jones, his heirs, executors, and adminis- trators, shall and do from time to time, and -at all times hereafter, well and sufficiently save, keep harmless, and indemnify the said William Burns, his heirs, executors, and administrators, and his and their goods and chattels, lands and tenements, of and from the dower or thirds which Mary Jones, the wife [or mother, ^c] of the said John Jones, shall or may claim in the premises, and of and from all actions, suits, payments, costs, charges, and damages, for a,nd by reason thereof, then this obligation to be void, or else to be and remain in full force and virtue. Conditional Part of a Bond of Indemnity for a Bond mislaid or lost. The condition of this obligation is such, that whereas the above- named John Jones, in and by a certain obligation bearing date on or about the first day of May last past, became bound unto the above-named William Burns in the sum of two hundred dollars, conditioned for the payment of one hundred dollars, which said obli- gation has been since lost or mislaid ; and whereas, the said John Jones hath fully satisfied and paid the said sum of one hundred dollars, with interest, due on the said obligation, the receipt whereof the said William Burns doth hereby acknowledge, and thereof, and from every part thereof, and all actions, suits, and demands con- cerning the same, acquit and for ever discharge the said John Jones, his heirs, executors, and administrators, by these presents. If, therefore, the said William Biirns, his heirs, executors, and ad- ministrators, shall and do deliver up the said obligation, when it shall be found, to the said John Jones, his heirs, executors, or ad- ministrators, to be cancelled ; and until the same shall be so delivered up and cancelled, save, defend, keep harmless, and indemnify the BONDS. 223 said John Jones, his heirs, executors, and adjQinistrators, ana his and their goods and chattels, lands and tenements, of and from the said obligation, and of and from all actions, suits, payments, costs, charges, and damages, for or by reason thereof, then this obHgation to be void, or else to be and remain in full force and virtue. Bond to the County for a Bastard Child. Know all men by these presents, that we, John Jones and Wil- liam Burns, of the Township of Greenwich, in the County of Berks, and State of Pennsylvania, are held and firmly bound unto James Dean and Daniel Stone, Overseers of the Poor of the county afore- said, for the time being, in the just and fuU sum of hundred dollars, lawful money of the United States, to be paid to the said Overseers of the Poor, or to either of them, or either of their cer- tain attorneys, successors, or assigns, to which payment well and truly to be made and done, we do bind ourselves, jointly and seve- rally, our heirs, executors, and administrators, and every of them, firmly by these presents : sealed with our seals, and dated the tenth day of May, one thousand eight hundred and fifty-two. The condition of this obligation is such, that whereas IV^ary "Ware, of Berne, in the county aforesaid, single woman, is now pregnant with child, [or hath lately been delivered of a male bastard child, in the township aforesaid,'] and hath charged the said John Jones with being the father thereof. If, therefore, the said John Jones shall and do from time to time, and at all times hereafter, well and suffi- ciently save, defend, keep harmless, and indemnify the said James Dean and Daniel Stone, and their successors. Overseers of the Poor of the said county, for the time being, and also all the inhabitants thereof, of and from all expenses, costs, charges, and damages what- soever, which shall or may hereafter happen or accaie, for or by reason or means of the birth, maintenance, education or bringing up of the said child, [or of such child or children wherewith the said Mary Ware now goeth,] and of and from all actions, suits, troubles, and demands whatsoever, touching or concerning the same, then this obligation to be void, or else to be and remain in full force and virtue. Bond to Refund Money on failure of Contract. Know all men by these presents, that we, John Jones and Wil- liam Burns, of Carlisle, in the County of Cumberland and State of Pennsylvania, are held and firmly bound unto Daniel Stone and James Dean, trustees [or if not incorporated, say "members,"'] of the first Associate Reformed Presbyterian Congregation of Carlisle, county and state aforesaid, in the sum of two thousand dollars, lawful money of the United States, to be paid to the said Daniel Stone and James Dean, or to their certaii attorney, successors, or 224 BONDS. assigns, in trust for the said congregation, to which payment, well and truly to be made and done, we do bind ourselves, jointly and severally, our heirs, executors, and administra,tors^ and every of them firmly by these presents : sealed with our seals, and dated the. tenth day of October, A. D. one thousand eight hundred and fifty-two. . ,• Whereas the said John Jones, for the consideration of one thou- sand dollars, to him in hand paid, or secured to be paid, did make, finish, and sell unto the said congregation an organ, [clecl:, or ether article,'] which he has delivered and placed in the said church ; and whereas the said John Jones doth hereby for himself, his heirs, executors, and administrators, warrant the said organ to be good in each and every respect, and to remain good and sufficient for the term of five years : Now, the condition of this obligation is such, that if the said orgap shall, within the time aforesaid, prove de^ fective or insufficient, in the opinion of any three competent artists or mechanics, who shall be disinterested, and if the said John Jones, his heirs, executors, or administrators, shall repair, amend, and render the same good and sufficient in all its parts, or, if he shall pay or make full satisfaction unto the said congregation, for the consideration-money aforesaid, and save, keep harmless, and in- demnify the said congregation, on account of the said organ, or any matter concerning the sajne, |;hen tjie above obligation to be void, or else to be and remain in fuU forcp and virtue. Signed, sealed, &c. Replevin Bond to Sheriff, hy Plaintiff. Know all men by these presents, that we, John Jones and WU liam Burns, are held and firmly bound unto Thomas Brown, Esq , High SheriflF of the County of Alleghany, in the just and full sum of five hundred dollars, lawful money of the United States, to be paid to the said Thomas Brown, Esq.', his certain attorney, execu- tors, administrators, or assigns ; to which payment, well and truly to be made and done, we do bind ourselves and each of us, our and each of our heirs, executors, administrators, and every of them, jointly and severally, by these presents: sealed with our seals, and dated the first day of June, A. D. one thousand eight hundred and fifty-two. The condition of this obligation is such, that whereas, the above- bound John Jones having obtained a certam writ of replevin, issued out of the Court of Common Pleas of the said county, tested at Pittsburgh, the twenty-second day of May, A. D. 1852, against a certain Daniel Stone, of the county aforesaid, commanding the said Sheriff that he should replevy and cause to be delivered to the said John Jones one black horse, &c., [describe the property as in the writ.] Now if the above bound John Jones shall and will prosecute nis suit against the said Daniel Stone with effect, and shall and will make return of the said goods, if return of the same shall be ad- BONDS. 225 judged, and shall and will also, from time to time, and at all times hereafter, well and sufficiently keep, save harmless, and indemnify the above-named Sheriff and his officers, and his and their heirs, executors, and administrators, and every of them, of and from all suits, costs, and charges whatsoever that shall or may accrue to liim or them by reason of the replevin and delivery aforesaid, that then this obhgation shall he void, or else to he and remain in full force and virtue. Signed, sealed, and delivered "I in presence of j James Stiles, iJ^fe, Jonas Gunnison. ^^^^ JOHN JONES. ^^^ WILLIAM BUENS. Property Bond in Replevin to Sheriff, hy Defendant. Enow all men by these presents, that we, &c., [as in the Replevin Bond to Sheriff, "by Plaintiff.'] The condition of this obligation is such, that whereas, John Jones having obtained a certain writ of replevin, issued out of the Court of Common Pleas of Alleghany County, tested at Pittsburgh, the twenty-second day of May, A. D. 1852, against the above bound Daniel Stone, of the county aforesaid, commanding the said Sheriff that he should replevy and cause to be deUvered to the said John Jones one black horse, &c., [as in writ of replevin"] and whereas, the said Daniel Stone hath claimed property in the said black horse, &c., wherefore delivery of the said black horse, &c., cannot be made : Now, if the above-bound Daniel Stone shall and do well and truly deliver up the said black horse, &c., to the said John Jones, if the property thereof shall be adjudged in the said John Jones, and shall and do well arid truly abide by the judgment of the said Court in all things relating to the premises, and shall also save, keep harmless, and indemnify the said Sheriff, in the premises, then this obligation to be void, or else to be and remain in full force and virtue. Bond of Indemnity in case of Foreign Attachment. Know all men by these presents, &c., [as in the Replevin Bond to Sheriff, hy Plaintiff.] The condition of this obligation is such, that whereas, in and by 15 22() BONDS. a certain -writ of attachment, issued out of ihe Court of Commoa Pleas of Union County, tested at New Berlin, the tenth day of May, A. D. 1852, conimanding the said Sheriff that he should attach I^aniel Stone, by all and singular the goods and chattels, lands and t^pements, in whose hands, or possession soever the same might be found ift lu^,b^,ilj.TOcfe, &.C.., to answer John Jones in a plea of tres- pass on the c^se, &c., which said writ is returnable the first Monday of August next ensuing : Now, if the said John Jones Bhall and will save harmless and indemnify the, aboye-Jiamed Thomas Brown, SherifiF as aforesaid, and his offices, and every of them, for or by reason of his or their executing the said writ, as therein he is com- manded, and if the said John Jones shall and will prosecute his said plea„ against the, said, Daniel, Stone with efiect, according to law, and "abide the judgment and award of said Court, then this obligation shall be void, or else to be and remain in full force and virtue. Bond of Indemnity upon Levy and. Sale. Know all men by these presents, thg-t w,e, &c.,, [a^ in the Replevin Bond.'\ The condition of this obligation is such, that whereas, a writ oi fieri facias^ has lately issued out of- the Court of Common Pleas of the. County of Lancaster, tested at Lanc?ister, the tenth day of June, A. D., one thousand eight hundred - and fifty -two, directed to the above-named Thomas Brown, Sheriff of the said county, at the suit of the said John Jones, against Daniel Stone, commanding him, the said Sheriff, to cause, to be levied of the goods and chattels, lands and tenements of , the said Daniel Stone, in his bailiwick, the sum of five hundred dollars, which, was lately adjudged to the said John Jones, as well for his damages as., for his costs and charges by him about h^s said suit in that hehalf expended,; and whereas,, the said Sheriff does not , certainly know what are the goods and chattels or effects of the said Darnel Stone : if, therefore, the said John Jones, his heirs, executors, and administrators, shall and do, from time to time, and at all times hereafter, indemnify and save harm- less the above-named Thomifts Brown, Sheriff as aforesaid, and hia . officers, and his and their hei^rs, executprs, and administrators, and every of them, an^l his and their goods and chattels, lands and tenements, of and from all manner of suits, actions, damages, costs, or charges whatsoever that shall or may accrue to him or them, or either or any .of them, on account of his or their levying upon, or levying upon and selling, by the direction, of him, the said John Jones, and by force of the said writ, the goods and chattels of any person or persons whatsoever, as or supposing them to be the goods and chattels of the said Daniel Stone^ then this obliga- tion to be void, or else to be and remain in full force and virtue. BONDS. 22"T Conditional Part of a Bond of Indemnity for the Payment of an Annuity during L^e. ■ Whereas, the ahove-botind John Joaes, oW tlie'day of the diit^of the ah6Te--written obligation, hath had and receited'to hiff own Mk6, of and from the above-named William Burns, the suni' of oAe thou- sand doHaxB, the receipt whereof he, the said Johii Jbnes,' doth hereby acknowledge, in considerati6n where'of'he, the said' Jd(bi Jones, ha-th agreed to pay unto the' said William Burns oie an- nuity or clear yearly sum of one hundred dollars during his natui-al life, to be paid in manner hereafter to be'mentio'aedi Now, the condition of this obligation is such, that if the abote- bounden John Jones, his heirs, executors, o'r' administrators, of any of them, do and shall, yearly and every" yfeat; durii^ the natural life of the above-named William Burns, well attd truly pay, oi" cause to be paid, to him, the said William Burns, or his assigns, the clear y?aj?ly sum of one hundred dollars, by quarterly payments on' the four following days of payment in the yefeir, that is to say, the first' day of January, April, July, and October, in each year, by even and equal portions, the first payment thereof to begin and be made on the first day of January next ensiling- the date of the above- written oHigatioB', then this obligation to be void ; but if default shall happen to be made of or in any of the saiid quarterly piay- ments or any part thereof, on any or either of the said quarterly days on which the same ought to be paid as aforesaid, then the same shall stand and remain in full force and virtue. Conditional Part of a Bond of Indemnity to discharge JEncum- brances. The condition of this obligation is such, that Tdiereas, the abbve- bound John Jones, by indenture bearing even date herewith, hath granted, bargained, and sold unto the above-named William Burns a certain messuage or piece of land, situate, &c,, [describe the pre- mises as in the deed,2 with the appurtenances ; and whereas, the piece of land is subject to the lien of a judgment in favor of Daniel Stone against the said John Jones, in the Court of Common Pleas of Union County, for two hundred dollars, besides interest and costs : if, therefore, the said John Jones do and shall, on or before the first day of May, one thousand eight hundred and fifty-two, pay and satisfy the said judgment, interest, and costs, in full, and procure such sartisfeiction to be entered of record in said Court, and do and shall, from time to time, and at all times hereafter, well and suffi- ciently save, keep harmless, and indemnify the said William Burns, his heirs, executors, and administrators, of and from the said judg- ment, and of and from all actions, suits, payments, costs, charges, and damages, for or by reason thereof, then this obligation to be void, otherwise to be and remain in full forde and virtue. 228 BONDS. Conditional Part of a Bond to Indemnify Endorsers. The condition of this obligation is such, that whereas, the said William Burns and Daniel Stone, at the special instance and re- quest of the above-bound Jolm Jones, did endorse for the said John Jones a certain promissory note, dated the tenth day of May, A. D. 1852, for the payment of six hundred dollars, payable at the Ex- change Bank in the City of Pittsburgh, ninety days after date ; also, one other note, dated the twenty-second day of May, A. D. 1852, for the payment of five hundred dollars, payable at the Ex- change Bank in the City of Pittsburgh, ninety days after date thereof, both which said notes were endorsed by them for the ac- commodation of the said John Jones : if, therefore, the said John Jcnes shall and do, from time to time, and at all times hereafter, well and sufficiently save, defend, keep harmless, and indemnify the said William Burns and Daniel Stone, their heirs, executors, and administrators, and their goods and chattels, lands and tenements, of and from the said liabilities as endorsers as aforesaid, or for the removal of the said notes by endorsing other paper for that purpose, for the said John Jones, and of and from all actions, suits, payments, costs, charges, and damages for or by reason thereof, then this obligation to be void, or else to be and remain in full force and virtue. Conditional Part of a Bond for Payment of Money after a Person's Death. The condition of the above- written obligation is such, that if the above-bound John Jones, his heirs, executors, or administrators, do and shall well and truly pay, or cause to be paid, unto the above- named William Burns, his executors, administrators, or assigns, the sum of one thousand dollars, within the space of six months next after the decease of Charles Doe, then this obligation to be void, otherwise to remain in fuU force and virtue. Bail Bond of a Constable, for faithful Performance of the Duties of his Office. Know all men by these presents, that we, A. B. and C. D., of the County of , are held and firmly bound unto the Com- monwealth of Pennsylvania in the sum of dollars ; to which payment, well and truly to be made and dene, we do bind ourselves and each of us, and our and each of our heirs, executors, adminis- trators, and every of them, jointly and severally, by these presents : sealed with our seals, and dated the tenth day of April, A. D. one thousand eight hundred and fifty-two. BONDS. 229 Whereas, the abQve-bounden A. B. has been diily elected and re- turned to the Court of Quarter Sessions of the Peace of the County of as Constable of the Township of , in the said county, for the ensuing year, which election has been approved and confirmed by the said Court : Now the condition of this obligation is such, that if the said A. B. shall and do, from time to time, and at all times during his continuance in office, justly and faithfully dis- charge the duties appertaining to the office of Constable, according to law, then this obligation to be void, otherwise to be and remain in full force and virtue. Signed, sealed, and delivered, &c. Conditional Part of a Bond to leave Money to a Wife. Whereas, a marriage is intended shortly to be had and solemnized between the above-bounden J. C. and H. B., (the mother of the above-named G. B. and S. B. :) Now the condition of the above obligation is such, that if (after the said intended marriage) the said H. shall happen to survive the said J., her intended husband, then and in such case, if the heirs, executors, or administrators of him, the said J., shall and do, within the space of six months next after his decease, well and truly pay, or cause to be paid, unto her, the said H., or her assigns, the sum of one thousand dollars, to and for her own proper use and benefit, and to be at her own free and ab- solute disposal, without any manner of account to be given by her for or concerning the same, then this obligation to be void and of none effect, or else to remain in full force and virtue. Conditional Part of a Bond to Indemnify Lessee on Payment of Rent. The condition of this obligation is such, that whereas, the above- named A. B., by indenture of lease bearing date the day of — '■ , hath demised and to fatm let unto the said C. D. all that messuage, &c., to hold the same to the said 0. D. for the term of years, paying , [as in the lease,] as in and by the said indenture appears ; and whereas, a certain E. F. claims title to the premises aforesaid, with the appurtenances : Now the con- dition of this obligation is such, that if the said A. B. shall and do, from time to time, indemnify the said C. D., his heirs, executors, and administrators, and his and their goods and chattels, lands and tene- jaents, of and from all actions, suits, payments, costs, charges, and damages, for or by reason thereof, then this obligation to be void and of none effect, otherwise to remain in full force and virtue. 230 ,BWtpS. Conditional Part of a Bond for Payment of an Annuity during the Life of a Feme Oovert. Wiereas, tjie above-named ^. A. hath contracted and agreed with the above-bounden H. H. for the .purchase of a clear annuity or yearly sum of , payable to him, the-said A. A., his exp- cutqrs, administrators, or assigus, during the life of M. M-, the wife qf T. M., of , at or for the price qr sum of , whicb said sum of the said A. A- ^^th s^dvanced and ppid to the said H. H. at or before the sealing and deliyery of .^h^ abo^e obli- gation, the receipt whereof the said H. H. doth hereby ackno;\rledge, and thereof, and of and from every part thereof, doth acquit, ex- onerate, release, and for ever .discharge the said A. A. his heirs, executors, and administrators, and every of them, by these presents : Now the condition of this obliga,tipn is sucb, thatif the said H. H., his heirs, executors, or administrators, do and shall well and truly pay, or cause to be paid, unto the ^aii^ A. A.., his executors, .?idmini^tra- tors, or asgigns, the annuity or clear y^arjy sum of : — dollars, by half yearly payppeuts on :1ihe r:- day of . . ,. and the 7 day of , in every yeaiT diuriog the life of the said M. M., by yeajrly portion?, clear of alj d,6iduotiops on any a,ccount QT pretence wh?ktaoever, the first half yea,rly payment thereof to be maide ,op the . day of . . . , next, and also a proportionable part of the said annuity or clear p^ywei;it of , for or in re- spect pf so many days as shall have elapsed from the last half 5eaf ly day of payment next precedipg the deqease of the said [. if. up tp tit^e day of her deatfr, tjien the said obligation ,to be yoid 3 b|Ut if default shall be made of or in payment of the said an- nuity or clear yea;rly sum of — , or any p9.iit thereof, .at the days or times aforesaid, or any of them, then the said obligation to be and remain in full force, virtue, and effect. Conditional Part of a Bond of Indemnity, on paying Money to a Person yiho had not tcfketp out Letters qf Administration. Whereas, the above-named . staijds indebted to the estate of C. B., of , deceased, in the sum of ■ — dollars ; and whereas, the said C. B. was, at the time of his death, indebted to B. W., by bond, in the sum of dollars, principal money, with a great arrear of interest for the same ; and whereas, the said C. B. made his last will and testament in writing, ^nd thereof ap- pointed the said B. W. sole executor, who, in compassion to the above-boui)d B. B., the widow and relict of the said 0. B., she be- ing left in indigent circumstances with seven children, hath given up to her the said bond for her own benefit, but declines proving the said wiU ; and whereas, the principal money and interest due on the said bond are more than the effects of the said 0. B. amount to, BONDS. 231 and the above-bound A. A. and IJ. B. have requested the said - to pay her, the said B. B., the sum of r- dolMrs, due from them to the estate of her said late husband, without obliging her to take out letters of administa-atioli of the goods and chattels of her said late husband, with his will annexed, as the same will exhaust great part of the said sum of — < — — dollars, and there being no Other debt or eflfects of her said late husband to get in, the said — ' have agreed to comply with such request, on the said A. A. and B. B. indemnifying them for so doing ; and whereas, the said have accordingly, on the day of the date hereof, 'paid the said B. B. the said sum of dollars, the receipt whereof she doth hereby acknowledge : Now, therefore, the condition of this obIigfe,tion is such, that if the said A. A. and B. B., (ir either of them, their or either of their heirs, executors, Or administrators, do and shall, from time to time, and at all times hereafter, well and sufficiently save, defend, keep harmless, and indemnify the said , and their , and their goods and chattels, lands and tenements, of, from, and against all losses, chairge^, damages, and expenses which they shall or may bear, pass, sustain, or be put unto, for or by reason or reasons of their having paid the said B. B. the said sum of dollars, due from them to the estate of the said 0. B. as aforesaid, or any matter, cause, or thing relat- ing thereto, then the said obligation to be void and of none effect, otherwise to remain in full force and virtue. Bond to suffer a Wife to live mpart from "her Husband. Know all men, &c. Whereas, J. B., the wife of the above-bounden B. B., doth now live separate and apart from her said husband, and follows the trade or eiiiployment of making and selling , and the #aid B. B. hath agreed that his said wife shall have and receive all benefit arising thereby, or of any other trade or business which she shall think fit to follow, to and for her own separate use and support ; wherewith he, the said B. B., is not to intermeddle, or to have any profit or advantage therefrom ; so as she, the said J. B., doth not or shall not contract any debt or debts, whereof, or by means whereof, the person or effects of her said husband shall or may be sued, chargjed, or encumbered by any means whatsoever : Now the condition of this obligation is such, that if the said B. B. do and shall, from time to time, during the space of years now next ensuing, [if the said J. B. shall so long live,] permit '^ikJ suffer the said J. B., his wife, to live separate and apart from hiih, and to have and receive all benefit, profit, and advantage arising, or which shall arise by her said trade ot business of ihaking and selling , or any other trade or business which she shall follow or em- ploy herself in during the said term, to ahd for her own separate use, support, and maintenance, without any account, suit, trouble, or molestation whatsoever; and without acting, doing, or causing, or 232 BONDS. permitting to be done, any act, matter, or thing whatsoever, whereby, or wherewith, or by any means or occasion whereof, the said J. B., his wife, shall or may be molested or encumbered by any ways or means whatsoever, or if the said B. B., his executors or adminis- trators of his or their goods or chattels, lands or tenements, shall at anytime hereafter, during the said term of years, be sued, attached, or otherwise charged and encumbered, for or by reason or means of any debt or debts, which his said wife hath or shall, or may contract : then in either of the said cases this obliga- tion to be void, or else to remain iii full force and virtue. Bond to suffer a Wife to live apart, to have all her Hffeets, and her Susband to behave quietly to her. Know all men, &c. Whereas M., the wife of the said R. R., hath for several years last past lived separate and apart from the said E,. R., her husband, and hath, during all the said time, maintained and provided for herself and J., the daughter of the said R. R., without any expense to the said R. R., and whereas, it is agreed between the said R. R. and the said M., his wife, that the said M., the wife of the said R. R., shall and may at aU times hereafter, live separate and apart from the said R. R., and also that the said M. R. shall and may have, hold, and enjoy to her sole and separate use all such moneys, goods, and effects as the said M. R. is now pos- sessed of, or shall or may at any time or times hereafter, get or acquire, or which shall be^given or bequeathed to her by any per- son or persons whatsoever, without any hindrance, molestation, or interruption of or by him, the said R. R. And whereas the said R. R. hath also agreed to behave himself peaceably and quietly towards the said M. R., his wife, and the said J. R., his daughter, and not to molest, assault, disturb, or do any bodily hurt or injury to them, or either of them : Now the condition of this obligation is such, that if the above-bounden R, R. shall and do, from time to time, and at all times hereafter, during the term of his natural life, permit and suffer the said M. R.", his wife, and the said J. R., his daughter, (in case they or either of them shall so long happen to live^ to live separate and apart from the said R. R., without any molestation, disturbance, or interruption of or by him, the said R. R., and also if the said R. R., his executors or administrators, shall and do at all times hereafter, permit and suffer the said M. R., his wife, to have, hold, and enjoy to her sole and separate use, all and every the moneys, goods, chattels, and effects, whereof the said M. R. is now possessed, and also all and every the moneys, goods, chat- tels, and effects which the said M, R. shall or may at any time or times hereafter get or acquire, or which shall or may be given or bequeathed to the said M. R., by any person or persons whatsoever, without' any hindrance, molestation, or interruption of or by him. CASE STATED. 233 the said R. R. ; and also, if the said R. R. shall and do, from time to time, and at all times hereafter, demean and behave himself peaceably and quietly towards the said M. R., his -wife, and the said t. R., his daughter, and each of thfem, and shall not, nor do in any manner whatsoever, molest, assault, disturb, or do any bodily hurt or injury to the said M. R., his wife, and the said J. R., his daughter, or either of them, then this obligation to be void; but if default be made in performance of all or any of the conditions above speci- fied, then this obligation to remain in full force and virtue. The two preceding bonds cannot be made to the woman herself, but to some person for her use. CASE STATED. The "Case Stated" is an agreement in writing, between a plaintiff and de fendant, that the facts in dispute between them are true as therein stated. The facts being thus agreed upon, it is left for the court to decide in faTor of which party is the law. As no writ of error lies on a judgment rendered on a case stated, it is usual in the agreement to insert a clause, that the case stated shall be considered in the Dature of a special verdict, or to agree expressly that either party may sue out a writ of error. See 8 S. & R. 529. An agreement to a case stated may be rescinded, either by tacit or express consent ; the abandonment of it is satisfactorily evinced by the parties subsequently pleading to issue ; and, when thus abandoned, it is not evidence which may be given to the jury upon the trial of the cause. 4 Watts, 308. The fallowing wiU answer as a form for such an agreement. A Case Stated. John Jones ^^^ ^j^^ Common Pleas of Erie County, of May WIT % r Term, A, D. 1852. No. . William Hums. ) ' And now, January 6th, A. D. 1852, it is hereby agreed by and between the parties to the above suit that the following case be stated for the opinion of the court in the nature of a special verdict. John Jones, the plaintiff above named, &c., [here state the facts agreed upon.'] If the court be of opinion that , then judgment to be en- tered for the plaintiff, but if not, then judgment to be entered for the defendant. The costs to follow the judgment, and either party reserving the right to sue out a writ of error therein. JOHN JONES. WILLIAM BURNS. 234 CERTIFICATES. CAVEAT. A Caveat is a notice given by a party hftvirtg An intttiSt iiia ca* therein spe- cified, to some officer, not to do an act till the party giving the notice shall ha% been heard ; as a Caveat to the Kegister of Wills, not to, permit a will to be proved, or not to grant letters of administration, lintilthie party shall have been heard. A caveat is also sometimes made to prevent the issue of a jMteiJt for inventions. 2 Chit. Pr. 502. A Oaveat against the Prolate of. a Will. To Thomas Moorhead, Jr., Esq., Register of Wills for the County of , State of Pennsylvania. I, A. D., one of the heirs [or as the ease may be] of C. D., late of the -^ of , deceased, do hpreby caveat and protest against the probate of any last will and testament, or instrument in the nature thereof, being or pretendfng to be the testament and last will of the said C. D., until examination thereof in the proper court, and the decree of the said court be therein pronounced. Witness my hand this day of , A. D. . A. B. Oaveat against Chanting Letters of Administration. To R. J. Sibley, Esq., Register of Wills for the County of ^ State of Pennsylvania. I, A. B., being interested in the personal estate of C. D., late of the of , deceased, do hereby caveat and protest against granting letters of aidtoinistt-ation therein to or any other person, until the examination of his or their right thereto before the proper tribunal be had, and the decision of the said tribunal therein be given. Witness my liand this ■ ^ day of , A. D. . A.B. CEETIFIOATES. A Cebtifioatb is a copy of the record of a Conrt, dnly authenticated ; or a writing by which a public officer or othei person bears testimony that a certain fact has or has not taken place. 1 Greenleaf on Ev. 498. There are two kinds of Certificates : those required by law, and those whicb are merely voluntary. Of- the certificates required by law, are those given to an insolvent of his dischiurge, and those given to aliens that they have been natural- ized. Voluntary certificates are those which are not required by law, but which are given of the mere motion of the party. The former are evidence of the facts therein mentioned ; while the latter, which are not unfrequently extorted from weakness or ignorance, are not entitled to any credit, because the facts certified may be proved in the usual way, under the solemnity of an oath or affirmation. 2 Com. Dig. 306 ; Greenl. Ev. 498. By the first section of the Act of Congress of the United States, passed March 27th, 1804, "All records and exemplifications of office books, which are kept in any public office of any State, not appertaining to a court, shall be proved or ad- mitted in any other court or office in any other state, by the attestation of the CBRTiriOAXBS. 235 keeperof the said pe.oor.ds or Tjojoks, and the seal of his-offioe thereto annexed, if there be a seal, together with a certificate of the Presiding Justice of the court of the county or district, as the case may he, in which such office is or may be kept; or of the .Governor, the Secretary pf State, the Chancellor, or the Keeper of the Great Seal of the State, that the said attestation is given in due form and by the proper officer ; fl,iui the said certificate, if given by the. Presiding Justice o^ » court, shall be further authenticated by the Clerk or Prothonotary of the said cojirt, who shall certify under his hand and the seal of his office that the said Presiding Justice is duly commissioned and qualified ; or if the said certificate be given by the Governor, the Secretary of State, the Chancellor, or the Keeper of the Great Seal, it shall be under the great seal of the state in which the said cer- tificate is made. And thfe said records and exemplifications, authenticated as aforesaid, shall have such faith and credit given to them in every court and office within the United States, as they have by law or usage in the courts or offices of the state from whence the same are or shall be taken." The second section provides that the first section, above recited, and the Act of 1790, shall apply to books, records, offices, $o., of the territories of the United States, and countries subject to the jurisdiction of the United States. The acts of the legislatures of the several states must be authenticated, having the seal of their respective states affixed thereto. See 1 Starkie on Evidence, 154, 181. Certificate of Register, to a Will, under Act of CongresB. Commonwealth of Pennsylvania, \ City and County of Philadelphia, J I certify the foregoing to be a true copy of the original last will and testament of John Doe, deceased, as well as of the probate thereof^ as filed of record in the Register's OfiBce for the City and Ooun*y of Philaddphia. ■Given under -my hand and seal of office, this 21st day of May, A. D. 1852. oiJI^f-f., THOMAS C. BUNTING, Regiiter. Certificate of President Judge, to accompany the above. Commonwealth of Pennsylvania, "I City and County of Philadelphia, J I, Oswald ThprnpsoB, President Judge of thfi First Judicial District of Pennsylvania, and Presiding Judge of the Courts of Common Pleas, Orph.aBs' Court, iand Court of Quarter Sessions of the Peace, in and for the City afl.d County of Philadelphia, do certify that Thomas C. Bupting, by whom the annexed record, certificate, and attestation were made and giveui, aod who in his own proper handwriting has thereunto sirfjscribed his name and affixed his official seal, was, at the time of so doing, and now is, B^gister of the Probate of Wills ' and Granting Letters of Administration, in and for the City and County of Philadelphia, duly commissioned and qualified; to all whose acts, as such, full faith and credit are and ought to be given, as well in courts of judicature as elsewhere ; and that the said re- 236 CERTIFICATES. cord, certificate, and attestation are in due form of law, and made by the proper officer. In testimony whereof, I have hereunto set my hand, this 21st day of May, A. D. 1852. OSWALD THOMPSON, President Judge. Oertifioate of Prothonotary, to accompany the above. Commonwealth of Pennsylvania, 1 City and County of Philadelphia, J I, A. B., Prothonotary of the Court of Common Pleas, in and for the City and County of Philadelphia, do certify that the Honorable Oswald' Thompson, by whom the foregoing attestation was made, and who has thereunto subscribed his name, was, at the time of making thereof, and still is. President Judge of the Court of Common Pleas, Orphans' Court, and Court of Quarter Sessions of the Peace, in and for the City and County of Philadelphia, duly commissioned and qualified ; to all whose acts, as such, full faith and credit are and ought to be given, as well in courts of judicature as elsewhere. In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court, this twenty-first day of May, A^ D. one thousand eight hundred and. fifty-two. A.B. Prothonotary: Certificate of Record of a Court, by the Clerk or Prothonotary, under Act of Congress. State of County of- -,} ss. I, A. B., Clerk [or Prothonotary] of the Court of Common Pleas for the County of , in said state, do hereby certify that the above and foregoing pages contain a true copy and correct transcript of the record and proceedings in the said cause, so full and entire as the same remains of record in my office. In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court, at , this day of , A. D. 1852. A. B., Clerk, [or Prothonotary."] CEKTIFICATES. 237 Certificate hy the Judge, Chief Justice, or Presiding Magistrate, to accompany the above. State of County of - -,} ss. I, C. D., Chief Justice of the Court of Common Pleas for the County of , in the said state, do hereby certify that the above-named A. B., by whom the foregoing attestation was made, was, at the time of so making the same, and is now, the Clerk of the said Court, duly commissioned and qualified ; to all whose acts, as such, full faith and credit are and ought to be given, as well in courts of judicature as elsewhere ; that the seal thereto annexed is the seal of the said Court ; and that the said attestation so made by him is in due form. In testimony whereof, I have hereunto set my hand, this day of ^, A. D. 1852. C. D., President Judge, ^e. Certificate of Balance due by Administrators, filed as a Lien. Erie County, ss. I, Wilson King, Clerk of the Orphans' Court, in and for the County of Erie, do certify that by the account of C. G. and S.' J., Administrators of R. M., deceased, late of the Borough of Erie, which was finally settled and confirmed August 11th, A. D. 1848, by the Court afore- said, there appears to be due by and in the hands of the said C. G. and S. J., Administrators aforesaid of the estate of said R. M., de- ceased, the sum of , out of which sum the Court have directed the expenses of auditing said account, amounting to the sum of , to be paid. In testimony whereof, I have hereunto set my hand and afiBxed the seal of the said Court, at Erie, this eleventh day of August, A. D. 1848. WILSON KING, Clerk of the Orphans' Court. The above form of certificate waa decided by tlie Supreme Court of PennByl- vania to be correct. See 14Penna. State Reports, (2d vol. by Harris,) 210. In a Domestic Attachment before » Justice of the Peace; the Act of Assembly * of 13th June, 1836, requires of him to stay proceedings, if any one debt exceeding one hundred iiollars in amount be proved ; and the same is to be certified to the Prothoaotary. 238 CERTIFICATES; O^rtifiiate cf' Justice, in Attachment, when Bermandof a Creditdt exceeds owehundj-edddilltirs. To Samuel Perley, Eaq., Prothonotary of tHe Coifrt of Common Pleas of the County of Erie : Whereas, A. B., of the Borough of North East, in the County of Erie, did, on the tenth day of April, A. D. 1852, last; pursuant to an Act of Assembly of the Commonwealth of Pennsylvania, obtain of the subscriber, one of the Justices of the Peace in and for the County of Erie, an attachment against C. D., of the aforesaid bo- rough, directed to the Constable of the borough, and commanding him to attach the said C. D., by all and singular his goods and chattels, or other effects,' in whose hands or possession soever the same may be found within the said county, to answer the said AiB. j)f a plea of debt notexoeeding one hundred dollars ; and whereas, by virtue of the said attachment, the said Constable' did attach cer- tain goods,, chattels, and effects of the said C. D. in the hands of E. F., of the borough aforesaid, as by the return of the said con- stable will appear, which said goods, chattels, and effects have been delivered into the hands of G. H. and I. J., of the same borough, until they should be disposed of according to law; and whereas, in pursuance of my notice for that purpose, the creditors of the said Ci D. appearing on the day of , A. D. 1852, at the house of K. B., of the borough aforesai4, in order to discover and make proof of their demands against the said C. D., and it appear- ing that there is a just debt due to B. T., one of the said creditors, exceeding the sum of one hundred dollars : I have therefore pro- ceeded no further, except to deliver and certify the said attachment and all proceedings thereon and before me, pursuant to the said Act. Certified under my hand and seal, at my, office in the Township; of North East, in the county aforesaid, the fourth day of July, A. D. one thousand eight hundred and fifty-two. ,5i»Jfe DYEE LOOMIS, "^^ Justice of the Peace. Certificate of Justice, to Prothonotary, of JExecution Issued and Heturned. J. H. H. ^ V. John Doe. May 10th, A. D. 1852, judgment for plaintiff for $60:00; with costs of suif, of which judgment a transcript is filed in the office of the Prothonotary of the Court of Common Pleas of Erie County. Erie County, ss. I do certify that on the 20th day of June, A. D. 1852, an exe- cution did issue to the Constable of North East Borough for the ss. CERTIORARI. 239 amount of the above judgment, who did return thereon, that no goods could .be tomA .sufficient to satisfy said demand. Witness, my hand and seal, at North East' Borough, the 20th day of July, A. D. 1862. WILLIAM GRIFFITH, Justice of the Peace. Certifieate -of Adfnisgion to practise as an Attometf. State of Pennsylvania, 1 C ounty , of ■. — , j Be it remembered : That al; a Court of Common Pleas in and for the Countyi of , held at , on the day of , in the year of our Lord one thousand eight hundred and , on motion of , Esquire, and on the report of ^ examiners filed, ^-^r.^. — was duly admitted to practise as an attor- ney of .the said Court, and took the oath prescribed. Witnes^r.my hand and the seal of the said Court, this day of , A. D. 18—. A. B., Prothonotary, I do hereby certify that Mr. is a gentleman of good moral chariiGter. CD., President Judge of the Court of Common Pleas for the said County. CEBTIORABI. A CsKTiOEABi is a wiit issued from a superior eourt, directed to one of inferior jarisdiction; commandiiig the latter to certify to the former the record in the par- ticular case. Bac. Ab. h. t. ; 4 Vin. Ab. 380 ; Nels. Ab. h. t. ; Dan. Ab. Index h. t.; 3 Penna. R. 24. A Certiorari differs from a Writ of Error. By the common law, a supreme court has power to review the proceedings of all inferior tribunals, and to pass upon their jurisdiction and decisions on ques- tions of law. But in general, tiie determination of such inferior courts on questions of fact are conclusiTe, and cannot be rcTersed- on oertioEari, unless some statute confers the power on such supreme court. 6 Wend. 564 ; 10 Pick. 358 ; 4 Halst. 209. When any error has occurred in. the proceedings of the court below, dif- ferent from the course of the common law, in any stage of the cause, either civil or criminal, the writ of certiorari is the only remedy to correct such error, unless some other statutory remedy has been- given. 6 Bjji. 27; 1 Gill & John. 196 ; 2 Mass. K. 245 ; 11 Masj. R, 466 ; 2 Virg._Cas. 270 ; 2 Greenl. 165, 8 do. 293. A certiorari, for example, is a correct process to remove the proceeding of a Court of Sessions, or of .County Commissioners, in laying out highways. 2 Bin. 250 ; 2 Mass. 249; 7 Mass. 158-; 8 Pick. 440; 13 Pick. 195; 1 Overt, 131 ; 2 Overt. 109; 2 Penna. 1038 ; 8 Vera. 271 ; 3 Ham. 383; 2 Caines, 179. 240 COGNOVIT ACTIONEM. Sometimes the Writ of Certiorari is used as an auxiliary process in order to obtain a full retiirn to some other process. When, for example, the record of an inferior court is brought before a superior court by appeal, writ of error, or other lawful mode, and there is a manifest defect, or a suggestion of diminution, a cer- tiorari is awarded requiring a perfect transcript and all papers. 3 Ball. E. 413 ■ 3 John. R. 23 ; 7 Cranch R. 288 ; 2 South. R. 270, 551 ; 9 Wheat. R. 526 ; 11 Mass. 414 ; 2 Cowen R. 38. Certiorari to a Justice of the Peace, The Commonwealtli of Pennsylvania to A. B., one of our Justices of the Peace in and for the County of Crawford, greeting: We being willing, for certain causes, to be certified of a certain plea of ■, between C. D., plaintiff, and E. F., defendant, before' you depending, do command you that you certify and send the plea aforesaid, with all things touching the same, so full and entire as before you they remain, together with this writ, before our Judges >t Meadville, at our County Court of Common Pleas, there to be held for the County of Crawford, the day of May next en- suing ; that we may further cause to be done, therefore, that which of right, and according to our laws and constitution, ought. Witness the Honorable Gaylord Church, President Judge of the said Court, the day of , A. D. . Return of Magistrate to he endorsed on the Writ. To the Honorable the Judges within named, the plea within mentioned, with all things touching the same so fully and entire, as before me they remain, I hereby respectfully certify and send, as within I am commanded, together with the writ. A. B., Justice of the Peace. COGNOVIT ACTIOHEM. A Cognovit is a written acknowledgment by the defendant — subscribed Ijut not sealed — confessing that the plaintiff's cause of action is just and true ; and au- thorizing the plaintiff to sign judgment and issue execution for a specified sum. Sometimes the defendant confesses a part of the plaintiff's alleged claim, and denies the rest. Since the Act of 16th June, 1836, sec. 8, if the action be not instituted by writ, unless there be an express stipulation therefor in the cognovit, the defendant is not entitled to any stay of execution. 1 Troub. & H. Pr. 236. Cognovit in Action of Debt. A. B (In the Common Pleas of — <■ , County of . Term c. b. j ^- ^' ' ■'^°' • I confess the debt in this cause, and that the plaintiff hath sua COGNOVIT ACTIONEM. 241 tainfed damages to the amount of , on occasion of the detain- ing thereof, besides his costs and charges in this behalf to the amomit of dollars, [or, to be taxed by the Prothonotary,] and in case I make default in the payment of the said debt, damages, and costs aforesaid, on the day of ^ — next, the plaintiff shall be at liberty to enter up judgment for the said debt [or sum of dollars] and costs as aforesaid; and also the costs of en- tering up such judgment and of suing out execution therefor, and shall be at liberty thereupon forthwith tO issue execution for the same. And I do hereby agree to withdraw the pleas pleaded by dae, [if the defendant have pleaded,] and undertake not to appeal or bring any writ of error, or do any other matter or thing whereof the plaintiff may be delayed in entering up his judgment, and suing out execution upon default made as aforesaid. Dated this day of , A. D. . A. B. ^, .V. V CD. j Cognovit in Assumpsit, In the Common Pleas of , County of . Term CD.)" ^•^- '^°- • I confess this action, and that the plaintiff hath f sustained damages to the amount of dollars, besides his costs and charges, in his behalf, to be taxed by the Prothonotary. And in case I shall make default in the payment of the sum of dollars, (being the debt in this action,) [or if only a part of the claim he admitted, (being so much of said claim as is admitted,)] together with the said costs, on the day of next, the plaintiff shall be at liberty to enter up judgment for the said sum of dollars and costs as aforesaid, and sue out execution thereon for the same, to- gether with the amount of official fees, sheriff's poundage, costs of levying, and all other incidental expenses. And I do hereby agree to withdraw the plea by me pleaded to this action, and undertake not to bring any writ of error in this cause, or do any other matter or thing whereby the plaintiff may be delayed in entering judgment, and suing out executien upon default made as aforesaid. Witness my hand, this day of , A. D. If the cognovit be but for part of the plaintiff's claim, in > >rt as follows, in place of that portion of the above form preceding f : I confess that I owe to the above-mentioned plaintiff - dollars, part of the debt by him in his declaration in this action demanded ; and that he hath, &c. &c. 16 242 CHECKS. CHECKS. A Cheok IB a written order or request, addressed to a bank, or persons carrying on the banking business, and drawn upon them by a party having money in their hands, requesting them to pay on presentment, to a person therein named or to bearer, a named sum of money. It is made payable to bearer or to order, and is transferable by delive^ or endorsement, like a bill of exchange. 3 Kent C. 75. Checks, strictly speaking, are not due before payment has been demanded, in which respect they differ from promissory notes and bills of exchange payable on a particular day. 7 T. R. 430. The diflFerenoe between a check and a bill of exchange is, that a cheok may be taken after it is oyer-due, and still the hold'er is not subject to the equities which may exist between the drawer and the party from whom he receives it : in case of bills of exchange, the holder is subject to such equity. 3 John, Cas. 6, 9; 9 B. & Cr. 388. Again, the drawer of a bill of exchange is liable only on condition that it be presented in due time, and, if it be dishonored, that he has had notice ; but such is not the case with a check — no delay will excuse the drawer of it, unless he has suffered some loss or injury on that account, and then only for so much. 3 Kent. Com. 101 n. (5th ed.) ; 8 .lohn. Cas. 2 ; Story Prom. Notes,, 492, There is also a kind of check known by the name of memorandum check, which is given in general with an understanding that it is not to be presented for pay- ment at the bank on which it is drawn. As between the original parties, memo- randum checks have no other effect than common due bills ; but third persons who become the holders of them, for a valuable consideration, without notice, have all the rights which the holders of ordinary checks can lawfully clain;. Story Prom. Notes, 499. . See generally, on this subject, 3 Curt. Eoc. K. 650 ; 4 John. R. 304 ; 7 John. R. 26 ; 2 Ves. Jr. Ill ; Yelv. 4, b, note ; 7 S. & R. 116 ; 3 John. Cas. 6, 259 ; 6 Wend. R. 445 ; 2 N. & M. 251 ; 1 Blaokf . R. 104 ; 1 Litt. R. 1 94 ; 2 Litt. R. 299 ; 6 Cowen R. 484 ; 4 Har. & J. 276 ; 13 Wend. R. 133 ; 10 Wend. R. 304 ; 7 Har. & J. 381 ; 1 HaU R. 78; 15 Mass. B. 74; 5 Yerg. 210; 9 S. & R. 125; 2 Story R. 502; 4 Whart. R. 252 ; 3 Barr, 381 ; 4 W. & S. 893. Form of a Cheek. Nq. 207. Fhiladelphia, May 15, 1852. Bank of Pennsylvania, pay to John Doe, or hearer, [or order,\ seven hundred and twenty ^ dollars. ^^^^ RICHARD ROE. COMMISSION. 243 COMMISSIOir. K» a. party Trishes to procure the testimony of witnesses beyond the limits of the Btaw, a rule must be taken upon interrogatories filed, and a commission for that purpose issued. Some variation exists in the rules of court relative thereto, in the several Judicial Districts of this Commonwealth. The following forms will answer for most of the Districts, and for the remainder changes can be made to suit their prsiotice. — Any competent person may be appointed a commissioner. Justices of the Peace are also empowered to issue commissions to take depo- sitions to be read in causes depending before them. Interrogatories to examine Witnesses on a Commission. John Doe ") la the Court of Common Pleas [or as the case vs. \ may 6e] of county. Richard Roe. j No. of February Term, 1857. Now, March 4th, 1857, the plaintifif by his attorney enters a Rule for a Commission to be issued to John Scofield, Esquire, of the city of Providence, in the state of Rhode Island, to take the testimony of witnesses on the annexed interrogatories, to be read in evidence on the trial of the above-entitled case. Interrogatories to be exhibited to and answered by John Jones and William Burnes, witnesses to be produced, sworn, or affirmed, and examined on the part of the plaintiff [or defendant, as the case may be], by the above-named Commissioner. First Interrogatory. — What is your name, age, occupation, and place of residence ? Second Interrogatory. — Do you know the parties plaintiff and defendant, in this action, or either of them, and which of them ; and how long have you known them^or either, and which of them ? Third Interrogatory, — [If it relate to a paper to be proved;] Look upon the paper writing (or deed) now produced and shown to you, marked A. Was or was not such paper writing (or deed) executed in your presence? If yea, by whom, when, and where? [Proceed with other interrogatories according to what is expected to be proved.] Lastly. — Do you know any other matter or thing touching the matters for wnich this action is brought (or defended), that may tend to the benefit or advantage of the said plaintiff (or defend- ant) ? If yea, declare the same fully and at large, as if you had been particularly interrogated thereto. B Gr , Plaintiff's {or Defendant's) Attorney, 244 COMMISSION. Or OSS-Interrogatories to the above. Interrogatories to be exhibited by way of cross-examination to and answered by John Jones and William Burnes, witnesses to be produced, sworn, and examined on the part of the plaintiff (or defendant) by the above-named Commissioner. First cross-interrogatory. — ^Do you, &c. [Proceeding with each cross-interrogatory as in the other interrogatories.] J — ^ D , Defendant's {or Plaintiff's) Attorney. Rule for a Commission. John Doe | j^^ ^j^^ Common Pleas of Ciester County, of May Richard Roe. j T^^' ^^^2. No. 12. Enter rule in the above case, on behalf of the -^ for com- mission to r-, of on days' notice. / A.B., To W. K., Prothonotary \ Attorney for . of Chester County. j Commission to Examine Witnesses. County, 8S. , .wxxtf The Commonwealth of Pennsylvania to E. F., Gr.-H., 1^ and I. J., greeting: Know ye, that in confidence of "^ your prudence and fidelity, we have appointed you, and ■^^^^ by these presents do give unto you fidl power and au- thority,- in pursuance of an order made in our County Court of Common Pleas in and for the County of , in a cer- tain cause there depending, where A. B. is plaintiff and C. D. is defendant, to call before you, (or any two of you, so that there be one on the part of the plaintiff, and one on the part of the defend- ant,),at a certain day and place by you for that purpose to be ap- pointed, all and every person and persons who may be named to you [if mutual, say " as well on the part of the plaintiff as on the part of the defen^dant, or either- of them"] [if ex parte, say " on the part of the said against the said ] as witnessess in the said cause. And there and then to examine each of the said witnesses, on their oaths or affirmations, touching the premises, a/nd to reduce their testimony to -writing. And when you shall have so done, you are to, sen i the same before us in our County Court of Common Pleas aforesaid, together with the interrogations and the answers thereunto, under the hands and seals of two or three of you, as the case may be. In testimony whereof, we have caused the seal of our Court to be hereunto affixed. COMMISSION. 245 "Witness the Hon. James "Welsh, President Judge of the said Court, the day of , A. D. 1852. W. B., Prothonotary. After the oommission is issued, the following are suitable instructions to the commissioner or commissioners for taking said depositions. Letter of Instructions to Commissioner. Westchester, January 20, 1852. Sir : Herewith you will receive a commission issued by the Court of Common Pleas of County, authorizing you to examine wit- nesses in a certain 6ause depending in the said Court, wherein A. B. is plaintiff and C. D. defendant, upon the interrogatories annexed to the commission ; and for your guidance you will carefully pursue the following instructions : All the commissioners [if there be more than one] named in the commission shall have notice of the time and place of executing it. And if any of them do not act, let the fact that they were notified, and refused to act, be stated, [or as the case may be.] Having agreed upon the time and place of meeting, you will proceed to exe- cute the commission in the following manner : I. The acting commissioner will examine the witnesses sepa- rately, after publicly administering to them the following oath or affirmation : " You do swear, by Almighty God, the Searcher of all hearts, that the answers which shall be given by you to the interrogatories proposed to you shall be the truth, the whole truth, and nothing but the truth, and that as you shall answer to God at the great day." Or he may be sworn by laying his hand upon and kissing the Gospels. Or if the witness shall declare that he has conscientious scruples against taking an oath, or swearing in any form, he shall be per- mitted to make his affirmation in the following form : " You do solemnly, sincerely, and truly declare and affirm, that the answers which shall be given by you to the interrogatories proposed to you shall be the truth, the whole truth, and nothing but the truth, and this you affirm." II. The general style and title of the depositions must be drawn up in the following manner : "Dispositions of witnesses produced, sworn, [or affirmed,] and examined, on the day of , in the year of our Lord one thousand eight hundred and fifty-two, at the house of J. S., the commissioner, in the of , in the County of and State of , by virtue of a commission issuing out from the Court of Common Pleas of the County of , in the State 246 COMMISSION. of Pennsylva/nia, to the said J. S. directedj for the examination of ■witnesses in a certain cause depending in said Court, wherein A. B. is plaintiff and C. T>. is defendant. " N. 0., of the of , Merchant, aged years or thereabouts, being produced, sworn, [or affirmed,] and examined, on behalf of the plaintiff, A. B., [or defendant, as the, case maybe,] deposeth as follows:" " 1. To the first interrogatory on the part of the said plaintiff, he answers as follows :" [here insert the witness's answer.] 2. To the second interrogatory on the part of the said plaintiff, he answers as follows :" and so on throughout. III. If there be cross interrogatories, go on thus : "1. To the first cross interrogatory on the part of the defendant, he answers as follows :" and so on throughout. All the interrogatories and cross interrogatories in the commission must be put to the witness and his answer written out. If he can- not answer, let him say, he knoweth not. IV. When the witness has finished his deposition, 'let him sub- scribe his iiame at the bottom of each page. The acting commis- sioner will then certify as follows : " Examination taken, reduced to ^ writing, and by the witness ■ subscribed and sworn to, this day of , A. D. 1862. ,J. S., Oommissioner." V. If any papers or exhibits are produced and proved,'they must be annexed to the depositions in which they are referred to, and en- dorsed by tho acting commissioner in this manner : "At the eS:ecution of a commission for the examiiaaition of wit- nesses between A. B., plaintiff, and C. D., defendant, this paper Writing was produced and shown to N. 0., and by him deposed unto at the time of his examination, and is the document referred to by him as the paper marked B, before J. S. VI. The acting commissioner will sign his name at the bottom of each page of the depositions and exhibits. VII. If an interpreter is employed, the commissioner will adnd- nister to him the following oath': " You do swear, by Almighty God, the Searcher of all hearts, that you will truly and faithfully interpret the oath and interroga- tories to be administered to N. 0., a witness now to be examined, out of the English language into the. language, and that you will truly and faithfully interpret the answers of the said N. 0. thereto out of the language into the English language, and that as Tou shall answer to God at the great day." COMMISSION. 247 Let the deposition be subscribed by the ihterpreter as well as the witness, and certified by the commissioner as follows : " Examination taken, reduced to" writing, subscribed by the witness and by the sworn interpreter, and sworn to by the witness, this day of , A. D. 1852, be- fore J. S., Comndsiioner." V.III. Having in this manner examined all the witnesses pro- duced, you will please fasten the depositions and exhibits to the commission, passing some tape through and connecting the whole ; and you will then make the following endorsement upon the com- mission : " the execution of this appears in a certain schedule here- unto annexed ;" to which you will subscribe your name. Thus prepared and executed, the whole must be folded and en- closed in an envelope, sealed with your seal ; you will then write your name across or by the side of the seals, and address the whole thus: "To Gr. H., Esquire, Prothonotary of County, , Pennsylvania. [Or, if issued from a Justice's Court, thus : ' " To E. P., Esquire, Justice of the Peace, Westchester, Chester County, Pennsylvania."] IX. When the commission is thus executed, made up, and di- rected, it must be returned in the manner specified in the direction on the commission. [Or if no such direction is given in the com- mission, " you will please return it by mail," or otherwise, as may be desired.] [If there be no direction on the commission, specifying the man- ner in which it is to be returned, then it must either be delivered to the court by the commissioner personally, or be forwarded by some person coming to the place, or else be mailed. In case of returning the commission by mail, it is to be deposited by the com- missioner in the nearest post-ofiSce, he making the following en- dorsement thereon : " Deposited in the post-ofiSce at — , this day of , A. D. 1852, by me, J. S., Commissioner."'] Interrogatories to Garnishee in Foreign Attachment. A. B. 1 In the Court of Common Pleas of V. V County, of Term, 18 — , No. G. H., garnishee of C. D. J . Scire facias to garnishee. Interrogatories to 0. H.,ihe garnishee above named. First. Do you know C. D., of whom you are the garnishee in a foreign attachment, issued at the suit of the above-named plaintiff'' Second. Have you had any commercial or other transactions 248 COMMISSION. mth the said C. D. ? If yea, what was the state of your accounts with the said C. D. on the day of ^, A. D. ? Annex a copy of each account to your answer hereto. Third. Was there or was there not a balance in your hands in favor of the said C. D., on the day of , A. D. , or at any time since, up to the time of your answering these inter- rogatories ? If yea, state the amount particularly. Fourth. Had you in your possession any goods. or merchandise, money or effects, of any nature whatever, belonging to the said C. D., on the day of ; — , A. D. , or at any time since ? If yea, state the nature, quantity, and value of said goods and merchandise. Fifth. Were you not, on the day of -^- , indebted to the said 0. D. in some (and in what) way, and in what amount, or have yoii not since (and where and how) become ^ indebted ? Interrogatories to Witness in Proceedings for Divorce. A. B., by her next friend, C. D., "| In the Common Pleas of V. > County, of > Term, E. B. j A. D. 18— , No. . Interrogatories to be exhibited to witnesses who may be prodvced, sworn, \or af- Jirmed,1 and examined on' the part of the libellant in the above case. First. Do you know the parties, libellant and respondent, above named, or either of them ? and how long have you known them, and when, and where, and which of them ? Second. Were you present at their marriage ? If so, when, where, and by whom were they married ? Have or have not the respond- ent and the libellant lived and cohabited together as man and wife ? State your knowledge herein fully, circumstantially, and at large. Third. Do you or do you not know whether the said respondent, E. B., has wilfully and maliciously deserted and absented himself from the habitation of the said libellant, A. B., without any, or if any, what reasonable cause ? If aye, whether such desertion has been persisted in by the said respondent for the space of two years or more, or for any other, and for what time, and whether the re- spondent still continues to persist therein ? [If the charge be ill- treatment, say, Whether the said respondent, E. B., has or has not, by cruel and barbarous treatment, endangered the life of the said libellant, A. B., and has he or has he not offered such indignities to her person as to render her condition intolerable and her life bur- densome, and thereby forced her to withdraw herself from his house and family ? If the charge he adultery, say, Whether or no the re- spondent above named has committed adultery? If so, when, where, and with whom ?] State the circumstances fiflly and at large. COMMISSION. 249 Fourth. Do you know any thing further favorable to the libellant ? If so, state the same fully, as if you had been thereto particularly interrogated. A Form of Commission from a Register of Wills to a Qommis- sioner in a foreign country. United States of America, Commonwealth of Pennsylvania, County of , ss. The Commonwealth of Pennsylvania to , Greeting : Whereas, on the day of — , A. D. , in the matter of the estate of W. H., deceased, before the Register for the probate of wills, and granting letters of administration in and for the county of — ^ in the Commonwealth of Pennsylvania, it was ordered by the said Register, under and by virtue of the autho- rity of the Act of Assembly of said Commonwealth in that case made and provided, that a commission issue to Cienfuegos, in the Island of Cuba, to take depositions of witnesses as to the nature, character, and value of the estate of the said W. H., deceased, in the said Island of Cuba. Now know ye, that in confidence of your prudence and fidelity, we have appointed you, and by these presents do give to you full power and authority in pursuance of said order, to call before you at a certain day and place by you for that purpose to be appointed, all and every person and persons who may be named to you on the part of the said Commonwealth as witnesses in the said case, &c., and then and there to examine each of the said witnesses on his or her oath or affirmation, touch- ing the premises, and to reduce their testimony to writing, and when you shall have so done, you are to send the same before our Register, at aforesaid, together with the interrogatories and answer thereunto, under your hand and seal. In testimony whereof, we have caused the seal of the said Register to be here unto affixed this ■ day of , A. D. . A. B., Register. 850 COMPOSITION. COMPOSITION. Composition is an agreement, made upon a sufficient consideration, between a debtor and a creditor, by which the creditor accepts a part of tha debt due to him, in satisfaction of IJie whole. Montagu on Com. 1 ; 3 Co. 118; 1 Str. 426, &c. Q-eneral Form of Composition! bt/ a Debtor with his Creditors. To all to whom these presents shall come, we whose names are hereunder written and seals afBxed,. creditors of A, B., of , send greeting : Whereas the said A. B. doth justly owe and is in- debted unto us, his said several creditors, in divers sums of money ; but by reason of many losses, great hindrances, and other damages happened unto the said A. B., he is become utterly unable to pay and satisfy us our full debts: Now, know ye, that we, the said creditors of the said A. B., do for ourselves severally and respectively, and for our several and respective heirs, executors, and administrators, covenant, promise, compound, and agree, to and with the said A. B., his executors, and administrators, and to and with every of them, by these presents, that we, the said several and respective executors, administrators, and assigns, shall and will accept, -receive, and take of and from the said A. B., his executors," and administrators, for each and every dollar that the said A. B. doth owe and is indebted to us, the said several and respective creditors, the sum of -^— — cents, in full discharge and satisfac- tion of the several debts and sums of money that the said A. B. doth owe and Stands indebted unto us, the said creditors respec- tively ; so that the said sum of cents to be paid for each and every dollar that the Said A. B. doth owe and standeth indebted unto us, the said several and respective creditors,- be paid unto us, the said several and respective creditors, our several and respective executors, administrators, or assigns, within the time or space of six months next after the date of these presents, [or such other mode and times of payment as may be agreed upon :] And we, the said several and respective creditors, do severally and respectively, for ourselves, our several and respective heirs, executors, administra- tors, and assigns, covenant, grant, promise, and agree, to and with the said A. B., his executors and administrators, that he, the said A. B., his executors, administrators, and assigns, shall and may, from time to time, and at all times within the said term or space of six months [or as in the case may be agreed upon] next ensuing the date hereof, assign, sell, or otherwise dispose of his said goods and chattels, wares and merchandises, at his and their own free will and pleasure, for and towards the payment and satisfaction of the said cents for every dollar the said A. B. doth owe and is COMPOSITION. 251 indebted as aforesaid unto us, the said respective creditors : And that neither ■we, the said several and respective creditors, or any of us, nor the executors, administrators, or assigns of us, or any of us, shall or ■will, at any time or times hereafter, sue, arrest, molest, trouble, imprison, attach, or condemn the said A. B., his executors or administrators, or his or their goods and chattels, for any debt or other thing now due and owing to us, or any of us, his respective creditors aforesaid, so as the said A. B., his executors or adminis- trators, do well and truly pay, or cause to be paid unto us, his said several and respective creditors, the said sum of cents for ^very dollar he doth owe and standeth indebted unto us respectively, within the said time or space of six months [or as above] next en- suing the date hereof. [If it be desired to render the composition null and void, unless all of the creditors become parties to it, the following proviso may be added : — Provided, always, that neither these nresents nor any thing herein contained, shall bind us, any or either of us, who have hereunto subscribed our names and put our seals, unless all and every of the creditors aforesaid shall have sealed and executed this agreement on or before the day of next ensuing.] In witness whereof, the parties to these presents have hereunto set their hands and seals the tenth day of December, A. D. one thousand eight hundred and fifty-two. y]i^f^ A. B. CD. E. F. G.H. Another Form of Oompogition hy Partners with their Creditors. To all to whom these presents shall come, we whose names and seals are hereunto subscribed and set, creditors of R. C. and C. R., of Harrisburg, send greeting : Whereas the said R. C. and 0. R are, and do stand jointly indebted unto us, the said creditors, in divers sums of money, which they are ■willing to satisfy and pay as far as they are able : Now, know ye, that we, the said creditors who have 2a2 CONDITIONS OF SALE. hereto subscribed our names and affixed our seals, finding that the said R. C. and 0. R. are by losses and otherwise disabled to pay our full debts, do severally and respectively agree, and bind our- selves, our heirs, executors, and administrators unto the said R. C. and C. R. by these presents, to accept and take of them, the said R. 0. and C. R., their executors or administrators, after the proportion or rate of cents in the dollar, in full satisfaction of all such debts and sums of money as they jointly owe to us and every of us respectively, the same to be paid at four equfil payments on the days following, that is to say, the day of , &c., so as the said R. C. and C. R., (for the more sure and better payment of the several sums of money aforesaid, in recompense and satisfaction of our and every of our said several debts as aforesaid,) their exe- cutors or administrators, do before the day of be- come jointly and severally bound, with sufficient sureties, unto us and every of us respectively, by obligation in due form of lai^, to be made, sealed, and delivered to each and every of us, and to each and every of our use and uses, by the appointment of us, and each of us. [If desired, here insert the proviso at end of preceding form.] In witness, &c. CONDITIONS OF SALE. Conditions of Sale are the terms upon which the vendor of property by auction proposes to sell it. It is always prudent and advisable that the conditions of sale should be printed and put up in a conspicuous part of the auction-room. When the terms are fully exposed, they are binding on both parties, and nothing said at the time of sale, to add to or to vary such printed conditions, will be of any avail. 1 H. Bl. 289; 12 East, 6; 6 Ves. 330; 16 Ves. 521; Babington on Auc- tions, 233 to 213. Conditions of Sale of Lands. The conditions of the present sale of the property of A. B. in the Township of Franklin and County of Erie, are as follows, to wit : 1. That the highest bidder shall be declared the purchaser, and if dispute shall arise between two or more bidders, the estate shall be immediately put up again. 2. That no person shall advance at any one bidding less than dollars, or retract his or her bidding. 3. That the purchaser shall pay immediately after the sale, to the seller, [or auctioneer, as, the case may be,] a deposit of dollars, in part of the purchase-money, and sign an agreement for tho payment of the remainder, on or before the day of , A. D. ■ — , upon having a good title made to him. 4. The purchaser shall have a proper conveyance, at his own ex CONDITIONS OF SALE. 253 pense, on payment of the remainder of the purchase- money; pos- session will be given on completion of the purchase, by the pur- chaser complying with the conditions of sale, and he will be entitled to the rents and profits from the day of , A. D. . But if, from any cause, the remainder of the purchase- money shall not be paid on the ■ — day of aforesaid, the purchaser shall pay interest for the same, at the rate of six per cent, per annum, from that day to the day of payment ; but, nevertheless, this stipulation to be without prejudice to the vendor's right to insist on the performance of this condition. _ ^ 5. That all attested copies of deeds that shall be required by the purchaser, shall be prepared at his own expense. Lastly. Upon failure of complying with the above conditions, the mohey deposited shall, at the expiration of the time before limited, become forfeited to the vendor, who then shall be at full liberty, with or without notice, to resell the estate ; and if on such resale, there should be any deficiency, the purchaser at this sale neglect- ing to comply with these conditions, shall make good such deficiency to the vendor, and all expenses attending such resale. [Add, if thought needful : " But in case the vendor cannot make out a good title, the deposit-money shall be returned by the vendor to the pur- chaser, with interest for the same, from the day of payment to the day of repayment thereof."] Agreement to he appended to Conditions df Sale. It is hereby declared and agreed, by and between A. B., the ven- dor of the estate mentioned in the above conditions, and C. D., the purchaser, that the said 0. D. has become the purchaser of the premises so sold, at the sum of , and that the sum of has been paid down by the said C. D. to the said A. B., by way of deposit, and in part of the said purchase-money. And that the said conditions of sale shall be taken as the terms of agreement for the said sale and purchase, respectively, and be observed and ful- • filled by the said A. B. and C. D. respectively, in all things. As witness their hands, this tenth day of December, A. D. 1852 A. B., Vendor. C. D., Purchaser. Witnesses, E. F. G. H. Receipt to he appended to Agreement. Received, this tenth day of December, A. D. 1852, in the Town- ship of Franklin and County of Erie, of C. D., of , being the purchaser of the premises mentioned in the foregoing conditions, the suA of dollars, as the deposit, and in part of the purchase- money for the said premises, subject- to the conditions of sale before stated. A. B. 254 CONDITIONS OF SALE. Conditions of Sale at a Vendue, to he held at :-, at — o'clock, on Thursday, the instant. The conditions of sale of the articles above named, to be offered for sale at public vendue, at the time and place above stated, are aa follows, to wit : 1. The highest and best bidder shall be deemed the purchaser. 2. All purchases, taken singly, which do not amount to dollars, to be cash. 3. One or more purchases, which amount to dollars each, and upwards, shall be entitled to days' credit, provided notes, with approved security, be given for the amount thereof 4. No goods sold for cash to be removed until first paid for. 5. No goods, on which the purchaser is entitled to credit, can be removed, until notes, as aforesaid, be first given. 6. Any person or persons purchasing goods at this sale, who do not comply with these conditions, must give up the goods before the sale is over, and pay any deficiency Which may result from a second sale of said goods. Given under my hand at Strasburg, this tenth day of December, A. D. 1852. '' A. B. [^Another Form.'] Conditions of Sale at a Vendue, ^c. The conditions of sale of the articles above named, to be offered for sale by the subscriber, executor of the estate of C. D., deceased, at public vendue, at the time and place above stated, are as fol- lows, to wit : 1. The highest and best bidder shall be deemed the purchaser. 2. Any person buying an article or articles to the amount of . dollars, and upwards, shall be entitled to days' credit, by giving a note, with approved security (if required) for the amount, before the goods be removed. 3. All purchases, taien collectively, which do not amount to dollars, must be paid for before the removal of the goods. 4. Any person or persons who shall purchase goods at this sale, must either keep the goods, subject to the above restrictions, or return them before the sale is over, and pay any deficiency which may result from a second sale of said goods. Given under my hand at Strasburg, this tenth day of December, A. D. 1852. A. B. COMPLAINT. 255 COMPLAINT. Complaint, in criminal law, is the aU%gation made t: a proper ofEcei that some person, whether known or unknown, has been guilty of a designated' offence, with an offer to prove the fact, and a request that the offender may be punished. Although peace-otBcers are bound, by virtue of their office, to pursue and arrest all persons suspected of crime, with or without a warrant, yet the usual practice is for some one who knows or suspects that another has been guilty of an offence against the common weal, to go to a magistrate, and there lodge his complaint, stating the grounds on which his application is made. It should be made on oath or affirmation, and reduced to writing by the magistrate, observing the following directions : — It should be correctly dated ; contain the name of the place where it is taken, the name and style of the inforiSSr, the name of the magistrate, and, if possible, of the offender ; the time of committing the offence, a clear description of it, and the place where it was committed. Upon this the magistrate may issue his warrant or summons, directed to the proper officer, or to any private person by name. Creneral Form of Complaint. Erie County, ss. / John Doe, of Erie, in said county, Blacksmith, being duly sworn, [or affirmed,] saith, that on the 10th day of May, A. D. 1852, [here insert the charge at length ;] and further saith not. John Dob. Sworn and subscribed before me, this 25th day of May, A. D. 1852. C. HECK, Justice of the Peace. Complaint in Arson. Erie County, ss. Richard Roe, of Waterford, in said county. Merchant, being duly sworn, [or affirmed,] saith, that on the night of the tenth of May, A. D. 1852, between the hours of ten and eleven o'clock, the barn of Richard Roe, situated in the Borough of Waterford and county aforesaid, containing a large quantity of hay and grain, was partly consumed by fire ; that in consequence of, [here insert the reasons for suspecting,] this deponent hath good cause to suspect, and doth therefore suspect, A. B. of setting fire to the said bam ; and fur- ther saith not. , RiCHABD Roe. Sworn and subscribed before me, this 20th day of May, A. D. 1852. JOHN HIGHLANDS, Justice of the Peace. Complaint for Burglary. Erie County, ss. A. B., of the Township of Fairview, in the said caunty, Yeoman, being duly sworn, [or affirmed,] saith, that in the night of the i:66 COMPLAINT. the dwelling-house of A. B., at Fairview aforesaid, was feloniously and burglariously broken open and entered, and of the value of dollars, the goods and chattels of A. B., feloniously and burglariously stolen, taken, ajid carried away from tjience ; and that in consequence of, [here state cause of suspicion,] he hath reason to suspect, and doth suspect, that C. D., of the , did commit the said felony and burglary; and further saith not. A. B. Sworn and subscribed before me, this 20th day of May, A. D. 1852. ISAAC WEBSTEE, Justice of the Peace. \ Complaint for Detention of Official Documents, ^c. Erie County, ss. A. B., of the Township of Greene, in said county, Yeoman, be- ing duly sworn, [or affirmed,] saith, that on the day of he called upon C. D., late a of said township, in order to receive from him all records, books, papers, seals, or other official documents, which to said office belonged or of right apper- tained ; and that the said C. D., upon the reasonable request of him, the said A. B., absolutely refused to deliver them up ; and further saith not. A. B. Sworn and subscribed before me, this 20th day of May, A. D. 1852. WILLIAM B. WEED, Justice of the Peace. Complaint for Adulterating Flour. Erie County, ss. A. B., of Wesleyville, in said county. Wagon-maker, being duly sworn, [or affirmed,] saith, that C. D., on the day of . , A. D. 1852, at Wesleyville aforesaid, did adulterate and mix improper and unwholesome ingredients in flour, of which bread was made for sale, contrary to the Act of Assembly in such case made and provided ; and further saith not. A. B. Sworn and subscribed before me, this 10th day of May, A. D. 1852. .,, JAMES CHAMBERS, Justice of the Peace. Complaint agaiiftst one for using Unlawful Weights. Erie County, ss. A. B., of Harbor Creek, in said county, Yeoman, being duly sworn, [or affirmed,] saith, that C. D., of the Township of Harbor Creek, in said county, doth not keep, at his in the town- ship aforesaid, where he offered or exposed to sale from COMPLAINT. 25T time to time, sufficient scales and weights, lawfully regulated, for the purpose of weighing the same, contrary to the Act of Assem- bly in such case made and provided : and further saith not. ' A. B. Sworn and subscribed before me, this 20th day of May, A. D. 1852. ANDREW COUSB, Justice of the Peace. Complaint for Firing theJVoods. Erie County, 8S. A. B., of the Township of Greene, in said county, Yeoman, be- ing duly sworn, [or affirmed,] saith, that the woods belonging to were, on the day of , set 6n fire, and a great part thereof consumed ; and that having seen C. D., of said town- ship, [here state circumstances,] he has reason to suspect, and doth suspect and believe, that they were set on fire by him, the said C. D. ; and further saith not. A. B. Sworn and subscribed before me, this 20th day of May, A. D. 1852. RODNEY COLE, Justice of the Peace. Complaint for Forgert/. Crawford County, ss. A. B., of the Borough of Meadville, in said county. Yeoman, be- ing duly sworn, [or affirmed,] saith, that C. D., of the said Borough of Meadville and county aforesaid, did feloniously forge and coun- terfeit [or alter] a certain writing, purporting to be, [here state what kind ;] and further saith not. A. B. Sworn and subscribed before me, this 20th day of May, A. D. 1852. WILLIAM DAVIS, Justice of the Peace. Complaint against an Accessory before the Fact. Crawford County, ss. A. B., of the Borough of Meadville, in said county. Yeoman, be- ing duly sworn, [or affirmed,] saith, that C. D., of the said Borough of Meadville, did procure, counsel, command, and abet a certain E. F., of the of ■ — , to commit, [here insert the of- fence,] which said he, the said E. F., did then and there accordingly commit ; and further* saith not. A. B. Sworn and subscribed before me, this 20th day of May, A. D. 1852. JOHN RADLE, 17 Justice of the Peace. 258 COMPLAINT. Oomplmnt against Persons guilty of an Affray. Mercer County, ss. A. B., of Sandy Lake, in said county. Yeoman, being duly sworn, [or affirmed,] saith, that on the day oP* — last past, C. D., E. F., and G. H., of the Township of and county aforesaid, did, in a tumultuous manner, make an affray, wherein he, the said A. B., [or other person injured,] did , [here insert the injury sustamcd,] without any lawful or sufficient provocation given by him, A. B., [or person injured ;] and further saith not. A. B. Sworn and subscribed before me, this 20th day of May, A. D. 1852. JARED TUTTLE, Justice of the Peace. Complaint against a Barrator. Beaver County, ss. A. B., of Beaver, in the said county. Yeoman, being duly sworn, [or affirmed,] saith, that C. D., of and County of Beaver, on the 10th day of June, A. D. 1852, and on divers other days, as well before as afterwards, at aforesaid, was and yet is a common barrator and daily disturber of the peace, vexing others with imjust and vexatious suits ; and he is a common brawler, wrangler, fighter, scandalizer, and source of sedition and discord between his neighbors and other good citizens, to their damage and disturbance, against the peace and dignity of the Commonwealth of Pennsylvania, and to the evil example of all others in like case offending ; and further saith not. A. B. Sworn and subscribed before me, this 20th day of June, A. D. 1852. WILLIAM MAYNARD, Justice of the Peace. Oornplaint in Bigamy. Alleghany County, ss. A. B., of the City of Pittsburgh, in the county aforesaid, being duly sworn, [or affirmed,] saith, that C. D., of the said Gitj-ai Pittsburgh and county aforesaid, hath lately, to wit, on the ■ day of , married a certain , spinster, he, the C. D., being at the same time a married man, and having another wife in "full life ; and further saith not. A. B. Swora and subscribed before me, this 10th day of June, A. D. 1852. GEORGE DARSIE, Justice of the Pea.ce. COMPLAINT. 259 Complaifit, for Offering more tJian one Ticket at an Election, Venango County, 8S. A. B,, of the Borou^ of Franklin, in said county. Blacksmith, being (My swonj^or affirmed,] saith, that C. D., of Franklin, in the said county, did, on th,e day of -, at the election, held ait , in the Borough of Franklin, offer to me, A. B., Inspector duly elected for that district, tickets for , mth fraudulent design, as this deponent verily believes ; and further saith not. A. B. Sworn and subscribe^ before me, this 20th day of March, A. D. 1852. ■ JOHNHOF; Justice of the Peace. Gom'plahd for taking a Bribe at an Election. Clarion County, ss. -A. B., of , in said county. Bookbinder, being duly sworn, [or affirmed,] saith, that G. D., of , in said county, on the day of , at the election, held at , he, the said C. D.,heing a qualified elector .{i,t said election, did receive of and from a ceijtain E.. F., of aforesaid, a certain gift or reward for his vote ^.t %he said election, in money, [or as the case may be ;] and further saith not. A. B. Sworn and subscribed before me, this 20th day of October, A. D. 1852. WALTER CLARK, Justice of the Peace. Complaint for using Threats or Violence at an Election. Warrren Qqunty, «s. A. B., of the Borough of Warren, in the said county. Carriage- maker, being duly sworn, [or affirmed,] saith, that C. D., of the said Borougbi of 'Warren, did, at the last election, held in and for the said Borough of Warren, use and practise intimidation, threats, force, or violence, [as the case may be,] with the apparent design of influencing unduly or overawing such election, and re- straining the freedom of choice ; and further saith not. A. B. Sworn and subscribed before me, this 10th day of October, A. D. 1852. WILLIAM MERRELL, Justice of the Peace. Qomplaint aga/in^ Unqualified Voters for Interfering at an Election. McKean County, ss. '" A. B., of Smithport, in the said county. Yeoman, being duly sworn, [or affirtned,] saith, ,that a certain C. D., of Smithport 260 COMPLAINT. aforesaid, did, at the last election, held' at , on tlie day of , appear for the purpose of issuing tickets, and of influencing the citizens qualified to vote at said election, he, the said C. D., being himself not qualified to vote, as this deponent verily believes ; and further saith not. « A. B. Sworn and subscribed before me, this 10th day of October, A. p. 1852. Alfred king, Justice of the Peace. Complaint against one for using False Receipts, ^c, at an Election. JefiFerson County, ss. A. B., of Township, in the said county, being duly ewom, [or afiSrmed,] saith, that C. D., of Township afore- said, at the last election, held at , did knowingly make use of [publish or utter, as the case may be] a certain, forged :-, purporting that the said had [or was, &c.] with in- tent to impose the same upon or deceive the officers of said election ; and further saith not. A. B. Sworn and subscribed before me, this 15th day of April, A. D. 1852. JONAS GimiSON, Justice of the Peace. Complaint for Destroying Tickets ai an Election. Elk County, ss. A. B., of Ridgway, in the said county, being duly sworn, [or affirmed,] saith, that C. D., of Ridgway aforesaid, did on the day of the last election, destroy of the tickets which had been: tak,en in by the inspectors of said election ; and further saith not. A. B. Sworn and subscribed before me, this 20th day of October, A. D. 1852. GEORGE KELLOGG, . Justice of the Pea^e. Complaint against a Justice of the Peace, for Refusing to Receive Ballot-boxes, ^c. " . Cumberland County, ss. A. B., of Carlisle, in the said county, being duly sworn, [or af- firmed,] saith, that C. D., Esq., one. of the Justices of the Peace in and for the County of Cumberland, did, at the close of the last election, held at the Borough of Carlisle aforesaid, refuse to receive into his keeping the boxes wherein the tickets, lists, tally- papers, and certificates made use of at said election were deposited, he, the said C. D., being the nearest Justice of the Peace of the said COMPLAINT. 261 county to the place of holding the election aforesaid ; and further saith not. A. B. Sworn and subscribed before me, this 12th day of October, A. D. 1852. JOHN WEAVER, Justice of the Peace. Cordplaint against a Justice of the Peac6 for not Keeping Ballot- boxes safely. (Perry County, ss. A. B., of , in the said county, being duly sworn, [or af- firmed,] saith, that C. D., Esq., having received the boxes contain- ing the tickets, lists, tally-papers, and certificates, made use of at the last election, held at , did neglect the safe keep- ing thereof, inasmuch as, [here insert the particular instances of neglect, or the reasons on which the information in founded ;] and further saith not. A. B. Sworn and subscribed before me, this 10th day of September, A. D. 1852. WILLIAM MAYNAED, Justice of the Peace. Complaint against one for Setting on Elections, Westmoreland County, ss. A. B., of Greensburgh, in the said county, being duly sworn, [or affirmed,] saith, that 0. D., of the Township of , in said county, did, previously to the last election, wager or bet, with a certain , a complete suit of clothes, [or as the case may be,] that , in nomination for the office of , would be' elected, &c. ; and further saith not. A. B. Sworn and subscribed before me, this 20th day of March, A. D. 1852. JOHN HILL, Justice of the Peace. Complaint against Persons for a Rescue. Lancaster County, ss. A. B., of the City of Lancaster, in the said county, being duly sworn, [or affirmed,] saith, that [here recite the circumstances which led to the arrest of the, person rescued, at length and particularly,] that C. D., well knowing the said to be legally arrested as aforesaid, did, on the day of , make an assault, [or as the case may be,] and him, the said , out of the custody of the said officer, and against his will, unlawfully did rescue, and put at large to go where he would ; and further saith not. A. B. Sworn and subscribed before me, this 10th day of June, A. D. 1*52. MARTIN WARFLE, Justice of the Peace. 262 COMPLAINT. Cbrnpldint for Forestalting, Begrdti'hgj br Engros'siiig. Berks County, ss. A. B., of the City of Reading, in said county, being duly sworn, [or afSrmed,] saith, that C. D., of B.eading aforesaid, did on the day of , at the city aforesaid, cause to be bought [here name the articles,] with intent to enhance or raise the price above the mairket price, or value ; and further saith not. A.B.^ Sworn and subscribed before me, this 10th day of June, A. D. 1852. CHRISTIAN HECK, Justice of the Peace. Oomplaifit for Ineeit. MontgomeJ-y County, bs. A. B., of Norristown, in the said county, being duly swoi-n, [W affirmed,] saithj thai C. D., of the • '-^ of ■^•^-^ — - and county aforesaid, did cominit incest with [here describe the degrees 6f rela- tionship ;] ahd further saith not. A. B. Sworn and subscribed before me, this 10th day of June, A. D. 1852. ANDREtr OAUSE, JuitwA of the Peaee, Gomptaintfor kiipiflg a Disorderly Mouse. Philadelphia County, «8. , A. B., of . — : — r-> in the said county, b^ing duly sworn, [or af- firmed,] saith, that 0. D., of afOTesaidj and county aforesaid,, on the 4*y of , and at divers other times, as well bfefof e d,s after, at — — : — aforesaid, did kee^^ aild maihtstih a Cfertain common, ill-gc»V6i:ned, and disorderly house ; and in the said house, for his oVn lucre and gain, certain evil and ill-disposed persons, as well men as women, of evil name and fame, and of dishonest con- versation, to frequent and come together, unlawfully and wilfully did cause and procure ; and the said men and women, in the said house, at unlawful times, as well iil the riiglit as in th^ day, then and there to be and remain drinkingj tippling, whoringj and mis- behaving themselves, unlawfuMy and willfully did permit^ &c; ; ahd further saith not. A. B. Sworn and subscribed before me, this 5th day of July, A. D. 1852 JOHN THOMPSON, Alderman. Complaint for Removing Landmarks. • , Erie County, ss. A. B., of Waterford Township, in the said county, being duly COMPLAINT. 263 sworn, [or affirmed,] saith, that G. D., of Waterford Township afore- said, did on the day of , in the said township and county aforesaid, cut down and remove a certain stake, or tree, [or as the facts may be,] being an allowed landmark between the land of the said A. B. and C. D. ; and further saith not. A. B. Sworn and subscribed before me, this 10th day of July, A. D. 1852. WILLIAM yiNCENT, Justice of the Peace. Oomplaint against an Apprentice for Disohedience. Erie County, sb. A. B., of the City of Erie, in the said county, being duly sworn, [or affirmed,] saith, that C. D., an apprentice by indenture to him, the said A. B., is an idle and disorderly person, and hath behaved himself in a very disobedient and disrespectful manner towards him, the said A. B., [here state any facts in the casej] and further saith not. . A. B. Sworn and subscribed before me, this 20th day of June, A. D. 1852. J. MERWm SMITH, Justice of the Peace. Complaint against an Apprentice for Absenting himself. Erie County, ss. A. B., of the City of Erie, in the said county, being duly sworn, [or affirmed,] saith, that C. I)., an apprentice by indenture to him, the said A. B., doth make a practice of absenting himself from the house and service of him, the said A. B., for the^ space of at a time, without leave first obtained, contrary to the covenants in the indenture between the said A. B. and C. D., madp the day of , A. D. 1850 ; and further saith not. A. B. Sworn and subscribed before me, this 26th day of September, A. D, 1852. C. HECK, Justice of the Peace. Complaint for Sulornation of Perjwry. Crawford County, ss. A. B., of Meadville, in said county, being duly sworn, [or affirmed,] saith, that 0. D., of Township, in the county aforesaid, did suborn to make a false oath, [here state the case and facts ;] and further saith not. A. B. Sworn and subscribed before me, this 20th day of June, A. D. 1852. JOHN CALLENDER, Justice of the Peace. 264 CONSTABLES. Complaint against a Master for Non-Performance of Covenants. Erie County, ss. A. B., of' Springfield, in the said county, being duly sworn, [dr affirmed,] saith, that he, the said A. B., is an apprentice bound by indenture to C. D., of the township aforesaid, and that he, the said C. D., doth not make use of the best means he can to teach, or cause him, the said apprentice, to be taught, the art or mystery of ; but instead thereof doth employ him, the said apprentice, in other work, contrary to the covenants in the indenture between the said 0. D. and him, the said A. B., made, and dated the day of , A. D. 1850 ; and further saith not. A. B. Sworn and subscribed before me, this 25th day of July, A. D 1852. R. E. ROBINSON, Justice of the Peace. Complaint against a Master for Ill-Treatlnent. Erie County, ss. A. B., of the City of Erie, in the said county, being duly sworn, [or affirmed,] saith, that he, the said A. B., is an apprentice bound by indenture to C. D., of the city and county aforesaid, and that he, the said C. D., hath cruelly abused and ill-treated himi, the said A. B. ; particularly, by [here state the particular grievance ;] and further saith not. A. B. Sworn and subscribed before me, this 10th day of June, A. D. 1852. GEORGE KELLOGG, Justice of the Peace. CONSTABLES. A Constable is an ezecutlTe and ministerial officer of the law witMn his tovn- ship, ward, or borough. The office is derived from that of the Lord High Constable of England, formerly an officer of great dignity, and vested with high powers to preserve order and en- force the auiiority of law throughout the kingdom. The powers and duties of Constables relate principally to criminal matters, although, in this country, many duties of a civil nature are by Act of Assembly conferred upon them. Constables are conservators of the peace within their juris- diction, and may apprehend all breakers of the law, and bring them before the proper authorities to answer for their conduct. 1 Blackstone's Com. 349. It is their duty to keep the public peace in their several districts ; and for that puri- pose they are armed' with very large powers of arresting and imprisoning, of breaking open doors, and the like, when such acts are necessary to prevent mur- der, riots, and violent breaches of the peace. 1 Penna. Blackstone, 181, A Constable may, without a warrant, apprehend an offender for treason, felony, breach of the peace, and some misdemeanors less than felony, when committed in his view. 1 Hale, 587 ; 1 East, P. C. 303 ; 8 Ser. & Kawle, 47. But he cannot ar- rest of his own authority after the affray is over. 2 Camp. 367, 371 ; 2 Lord Bay. 1296; 1 Chit. Crim. Law, 20 a 24. CONSTABLES. 2G5 He may also, upon the information of others, arrest a supposed offender, without any positive charge, on his own knowledge of the circumstances on which the sus- picion is founded ; but he does so at his peril, unless he can show that a felony has been committed by some person, as well as the reasonableness of the suspicion that the party arrested is guilty. 1 Chit. Or. L. 27 ; 6 Binn. R. 316 ; 2 Hale, 91, 92 ; 1 East, P. C. 301. He has power, also, to call others to his assistance. If a age from the court-house to the place of viewing the body, are to be paid out of the goods and chattels, lands or tenements of the slayer, i^ he hath any, otherwise by the county. In executing processes, or writs of any kind, a Coroner is allowed the samr fees as a Sheriff. See Dunlop's Laws of Fenna. 316; Purdon's Digest, 494. 270 COB.ONBR. Preeept to Summon a Jury. 3^he Commonwealth of Pennsylvaijja to 'the Constable of the Totr? ship of , in the County of —. ■—. We command you, immediately upon sight hereof, ^o summop and warn twelve good and lawful men, of County aforesaid, whose names are her.eto annexed, to be and appear before Simeon Dunn, Esquire, Coroner of the said cowity, at — ■ — -, jn the coijnty aforesaid, at o'clock of this day ; then and there to inquire of, dp, and execute all things as on our behalf ^aX\. be la(y- fuUy given them in charge, ,taijching the death of C. D. And be you then and there, to certify what you .shall haye done in the pre- mises, and fijirther to do and execute what in our behalf shall be then and there enjoined you. Given under the ha^pd and sea^ of our said Coroner, at , the day of , A. D. 1852. SIMEON DUNN, Ooroner. The jury may be summoned or called together without such precept, by the Coroner or Justice. Oath [or Affirmation] of I'oreman. You do swear, [or " solemnly, sincerely, and truly declare and affirm,"] that you will diligently inquire and true presentment make, on the behalf of the Commonwealth, how and in what man- ner C. D., [or " a person unknown," as tie case may be,] here lying dead, came to his death ; and of such other matters relating to the same as shall be lawfully required of you, accord,ing to the ■ evidence offered to you or arising from the inspection of the body. So help you Grod, [or, "And so you affirm."] After the foreman is sworn, [or affirmed,] the rest may be sworn [or affirmed] together, as follows : — "You and every of you do swear, [or affirm,] that such oath [or affirmation] as yoiur foreman hath for his part taken, you and every of you shall well "Skiid triily observe and keep on yoBtr parts respec- tively. So help you Q-od," [or, "And so you affirm."] If preferred, the oath by uplifted hand (see remarks, pH2) maybe admimstered. Suhpoena. The Commonwealth, &c., to T. B., D. G., K. M., and S. P., greeting : We command you and every of you that, all business and excuses whatsoever being laid aside, you do in your proper persons appear CORONER. 271 before A. B., Esquire, Coroner of the County ot r > and an inquest now sitting at , in the said county, to testify tho truth and give such information and evidence as you and every of you shall know, touching the manner in -vrhich C. D., [or " a cer- tain person unknown,"] there lying dead, came to his death ; and touching all other matters in relation to which you shall be examined. And this you are in no wise to omit, under the penalty that may ensue. Witness the hand and seal of the said A. B., at day of , A. D. 1852. A. B., Coroner. Oath of a Witness on a Coroner's Inquest. Tou do swear by Almighty Grod, the Searcher of all hearts, that the evidence you shall give to this inquest, touching the death of C. D., [or " the person whose body has been viewed,"] shall be the truth, the whole truth, and nothing but the truth ; and that as you shall answer to God at the great day. If preferred, the oath by Idssing the book may be administered, or the witnesa may be a£Brmed. See remarks, p. 73. Inquisition of Murder. Commonwealth of Pennsylvania, \ Oouftty, J An inquiBitaon indented and taken at — : , in the iCoiunty of -, the day of : — , in the year of our Lord one thousand eight hundred and fifty , before me, Simeon Dunn, Coroner of the county aforesaid, upon the view of the body of A. D., then and there lying dead, upon the oaths of C. D., E. F., &c., and solemn affirmations of K. L., M. N., &c., good and lawful men of the connty aforesaid; who being sworn and affirmed to inquire, on the part of the Commonwealth, when, .where, how, and after what manner the said A. D. came to his death, 4o say, upon their oath and affirmation, that f one A. M., late of aforesaid, G-entleman, [this word gentleman, and other words fol- lowing, printed in italic, should be varied according to the facta of the case,] not having the fear of Grod before his eyes, but being moved and seduced by the instigation of the devil, on the day of , in the year of our Lord one thousand eight hundred and fifty , at the hour in the night of the same day, with force and arms, at , in the county aforesaid, in and upon the aforesaid A. D., then and there being in the peace of God and of the said Commonwealth, feloniously, violently, and of his malice aforethought, made an assault ; and that the aforesaid A. M. then and there, with a certain sword, made of iron and steel, of the 272 CORONER. value of one dollar, -which he, the said A. M., then and there held in his right hand, the aforesaid A. D., in and upon the left part of the belly of the said A. D., a little above the navel of 'the said A. D., then and there violently, feloniously, voluntarily, and of his malice aforethought, struck and pierced, and gave to the said A. D., then and there, with sword aforesaid, in and upon the aforesaid lej^ part of the belly of the said A. D., a little above the navel of the said A. D., one mortal wound, of the breadth of half an inch, and of the depth of three inches, of which said mortal wound the aforesaid A. D. then and there instantly died ; so the said A. M. then and there feloniously killed and murdered the said A. D., against the peace and dignity of the Commonwealth of Pennsylvania. And the said jurors further say, upon their oath and afiSrmation aforesaid, [as follows in this paragraph, or as the case may be,] that A. A., of , Yeoman, and B. A., of , Yeoman, were feloniously present with drawn swords at the time of the mur- der and felony aforesaid, in form aforesaid committed ; that is to say, on the said day of , in the year aforesaid, at aforesaid, in the county aforesaid, at the first hour of the night of the same day ; then and there comforting, abetting, and aiding the said A. M. to do and commit the felony and murder aforesaid, in manner aforesaid, against the peace and dignity of said Commonwealth. And moreover the jurors aforesaid, upon their oath and aflSrma- tion aforesaid, do say, that the said A. M., A. A., and B., A. had not, nor any of them had, nor as yet have or hath, any goods or chattels, lands or tenements, within the county aforesaid or else- where, to the knowledge of the said jurors. [Or, " And the jurors aforesaid, upon their oath and aflSrmation aforesaid, do say, that the said A. B., at the time of the doing and committing of the felony and murder aforesaid, had goods and chattelSj contained in the inventory to this inquisition annexed, which remains in custody ofB. C."] In witness whereof, as well the aforesaid Coroner as the jurors aforesaid have to this inquisition put their hands and seals, on the day and year and at the place first above mentioned. ^^iiM^ SIMEON DUNN, ^S-v Coroner. *hi^ CD., E. F.,&c., .js^«^ Jurors. ., on the day of aforesaid, in the year, &c. aforesaid, at aforesaid, in the county aforesaid, of that mortal wound died; and so the jurors aforesaid, upon their oath aforesaid, say, that the said A, D. then and there, in manner aforesaid, as a felon of himself, feloni- ously, voluntarily, and of his malice aforethought, himself killed and murdered, against the peace and dignity of the Commonwealth of Pennsylvania- In witness, Ac. £as in Inquisition of Murder.] CORONER. 275 Inquisition on a Person Murdered hy a Person or Persons unknown. [As in Inquisition of Murder, to f ] a certain person unknown, &c., [here fully describe the circumstances of the case as known, and add] and the said jm-ors, upon their oath and aflSrmation aforesaid, further say, that the said person unknown, after he had comniitted the said felony and murder, in the manner aforesaid, did flee away, against the peace and dignity of the Commonwealth of Pennsyl- vania. In witness, &c. [as in Inquisition of Murder.] Inquisition on a Person Drowned hy Accident. [As in Inquisition of Murder, to f] the said A. D., on the day of , in the year aforesaid, at , and in the county aforesaid, going into the river , there to hathe himself, [these words and those following, in italic, to be changed according to the facts of the case,] it so happened, that accidentally, casually, and by misfortune, he, the said A. D., was in the "water of the said river, then and there suffocated and drowned ; of which said suffocation and drowning, he, the said A. D., then and there instantly died ; and so the jurors aforesaid do say, and the said A. D., in manner and by the means aforesaid, accidentally, casually, and by misfor- tune, came to his death, and not otherwise. In witness, &c. [as in Inquisition of Murder.] , Inquisition on One who has Drowned Himself. [As in Inquisition of Murder, to f ] the said A. D., on the ■ day of — '■ , in the year aforesaid, at , in the county aforesaid, then and there being alone, in a common river, there called — ■- , himself voluntarily and feloniously drowned ; and so ■the jurors aforesaid, upon their oath aforesaid, say, that the aforesaid A. D., in manner and form aforesaid, then and there himself volun- tarily and feloniously, as a felon of himself, killed and murdered, against the peace and dignity of the Commonwealth of Pennsylvania. In witness whereof, &c. [as in Inquisition of Murder.] Inquisition on a Person non compos mentis. [As in Inquisition of Murder, to f] the aforesaid A. D., from the day of to the time of his death, on the day and year aforesaid, and at the time of his death aforesaid, was a lunatic and a person of insane mind as aforesaid ; and that the said A. D., being a lunatic and a person of insane mind as aforesaid, did, on the day of , come alone to a certain river called , [these words and those which follow, in italic, to be changed acojrding to the facts, of the case,] in the said county, and did then 276 COEONER. and there cast himself into the said river, and drowned himself in the water of the said river ; and so the jurors aforesaid, upon their oath and affirmation aforesaid, say, that the aforesaid A. D., from the cause aforesaid, in manner and form aforesaid, came to his death, .ind not otherwise; In witness, &c. [as in Inquisition of Murder.] Inquisition on a Person Killed hy Another in Self-defence. [As in Inquisition of Murder, to f ] A. K., late of , gentle- man, [this word and those which follow, in italic, to be varied,] at aforesaid, in the said county, on the day of — , in the year, &c., in the peace of Gfod and of the said Commonwealth, then being, A. D., late of , in the county of , at the hour of in the of the same day, did come, and upon A. K. then and there of his malice forethought did make an as- sault, and him, the said A. K., did then and there endeavor to beat and Mil, hy continuing the assault aforesaid, frorn, the house of one W. M., in aforesaid, to a certain place, called , in the county aforesaid, and the said A. K., seeing that the said A. D. was so maliciously disposed, to a certain wall in the said place, called , did flee, and from thence for fear of death could not escape, and so the said A. K., himself, in preservation of his life, against the said A. D., continued to defend, and in his own defence, the said A. K., upon the right part of the breast o/him, the said A. D., with a certain sword, of the price of one dollar, which the said A. K., then and there held in his right hand, did strike, then and there giving to the said A. D., one mortal wound, of the breadth of one inch, and the depth of three inches, of which said mortal wound, the said A. D., a* aforesaid, in the county aforesaid, languished, and languishing lived from the said day of to the day of next ensur- ing, and the said A, D., on the said day of , in the ■ year, &c. aforesaid, at aforesaid, in the said county, of that mortal wound died; and so the said A. K. did then and there kill him, the said A. D., in his own defence. In witness, &c. [as in Inquisition of Murder.] Inquisition on a Person who has Died in Jail. [As in Inquisition of Murder, to f] the aforesaid A. D., on the day of the taking of this inquisition, being a prisoner in the jail at , in the county aforesaid, then and there died of the visita^ tion of Grod, and then and there, in manner and form aforesaid, came to his death, and not otherwise. In witness whereof, &c. [as in Inquisition of Miirder.] COKPOUATIONS. 277 CORPORATIONS. A CoEPORATioN is a franchise possessed by one or more indi-viduals, wlio subsiBt as a body politic under a special denomination, and are vested, by_ the policy of the law, with the capacity of perpetual succession, and of acting in several re- spects, however numerous the association may be, as a single individual. 2 Kent's Com. 267. Corporations are, I. Aggregate, consisting of many members, (as the mayor and aldermen of a city, or the stockholders of a bank, insurance, railroad, or canal company, &c. ;) or, II. Sole, consisting of one person only, (as a king or a bishop:) this latter description existing, however, to a very limited extent in the United States. It is an iasident to all corporations to maintain perpetnal succession, unless dissolved by the legislature, by limitation, by the death of all the mem- bers, by surrender of the charter, or by forfeiture. 1 Bl. Com. 467 a 484 ; Act of 16th June, 1836, sec. 11. In the United States, the power of conferring corporate privileges is vested in the legislatures of the several states. In Pennsylvania, this power has been dele- gated by the legislature, under certain restrictions, as below stated, to the Su- preme Court and Court of Common Pleas. By Act of Assembly of 6th April, 1791, (8 Smith, 20,) any citizens of the Com- monwealth who wish to associate for any literary, charitable, or religious purpose, and who are desirous to acquire and enjoy the powers and immunities of a corpo- ration or body politic in law, may prepare an instrument in vrriting, therein specifying the objects, articles, conditions, and name, style, or title, under which they have associated or mean to associate ; and exhibit and present the same to the.Attorney-Geueral of the Commonwealth, who is required to peruse and ex- amine the said instrument, and, after such perusal and examination, to transmit it, with a certificate thereon endorsed, testifying his opinion touching the lawful- ness of the objects, articles, and conditions therein set forth and contained, to the Supreme Court of said Commonwealth ; and the said Court is required thereupon to peruse and examine the same, and to transmit it, with a certificate thereon en- dorsed, testifying also the opinion of the said Court touching the lawfulness of the objects, articles, and conditions therein set forth and contained, to the Governor of the Commonwealth ; and if" the Attorney-General and the said Supreme Court should certify their opinion, as aforesaid, to be that the objects, articles, and con- ditions in such instrument set forth and contained are lawful, then the said Governor shall transmit the same to the Secretary of the Commonwealth, with an order thereon endorsed, requiring the enrolment thereof at the expense of the applicants. When said instrument has. been so enrolled, the persons so associated become a corporation or body politic in law. By Act of Assembly of 13th October, 1840, Pamph. L. 1, it is further enacted, that when any number of citizens of said Commonwealth, who have associated .or mean to associate for any literary, charitable, or relimous purpose, or for the purpose of forming any fire-engine or hose company or beneficial society or asso- ciation, are desirous to acquire and enjoy the powers and immunities of a cor- poration or body politic in law, it shall be lawful for such persons to prepare an instrument in writing, therein specifying the objects, articles, conditions, and name, style, or title under which they are associated or mean to associate, and the same to exhibit and present to the Court of Common Pleas of the proper county in which the said corporation is intended to be situated or its principal business transacted ; which said Court is required to peruse and examine said in- strument, and if the objects, articles, and conditions therein set forth and con- tained shall appear lawful, and not injurious to the community, said Court 'shall direct said writing to be filed in the office of the Prothonotary of said Court, and also direct notice to be inserted in one newspaper, printed in the proper county, for at least three weeks, setting forth that an application has been made to said Court ■ to grant such charter of incorporation ; and if no sufficient reason is shown to the contrary, it shall be lawful for the said Court, at the next term thereafter, to de- cree and declare, by their order endorsed on said instrument, attested in the usual maoner by "»e Pvothonotary, under the seal of the Court, that the persons so 278 COEPOEATIONS. associated shall, according to the articles and conditions in said instrument set forth and contained, become and be a corporation or body politic ; and further to direct that said charter of incorporation shall be recorded in the office for recording of deefa in said county ; and on said instrument being so recorded, the persons so associated shall become a corporation or body politic in law. Whenever any corporations so established shall be desirous of imprcviug, amending, or altering the articles and conditions of the instrument upon which said corporations are formed and established, they may, by specifying said im provements, amendments, or alterations, and proceeding as abore recited by act of 6th April, 1791, or that of 18th October, 1840, procure such improvements, amendments, or alterations to their original charter. The corporate powers conferred by the above-named Courts are limited by the following provisos : — 1. That the by-laws, rules, and ordinances made by them be not repugnant to the Constitutidh and laws of the United States, to the Constitution and laws of this Commonwealth, or to the instrument upon which said corporations respec- tively are formed and established. (Act of 6th April, 1791.) 2. That the clear yearly value or income of the real and personal estate held by the said corporations respectively shall not at any time exceed the sum of two thousand dollars. (Acts of 8th April, 1833, and 13th October, 1840.) By the Act of Assembly of 16th June, 1836, (Pamph. L. 799,) corporate powers may be obtained by citizens of the Commonwealth, who associate, with a capital stock of not less than one hundred thousand dollars, nor more than five hundred thousand dollars, for the purpose of manufacturing iron from the raw material with coke or mineral coal, by presenting their articles of association, &c. for the inspection of the Attorney-General of the Commonwealth, procuring his approval and that of the Governor, and getting said instrument enrolled by the Secretary of the Commonwealth. The details of this act are important, and parties interested are referred to it for information. By Act of Assembly of 7th April, 1849, corporate privileges for a period not ex- ceeding twenty years may be conferred on five or more persons associating for the manufacture of woollen, cotton, flax, or silk goods, or of iron, paper, lumber, or salt, in this Commonwealth, who shall have subscribed, as capital stock for that pur- pose, a sum not less than twenty thousand dollars, in shares of not less than fifty dollars, and' shall have paid in one-fourth of the capital stock subscribed ; and shall sign and acknowledge before some officer competent to take acknowledgment of deeds, a certificate in writing, in which is stated the corporate name of said company, and the objects for which it has been formed, the amount of its capital stock sub- scribed, the amount actually paid in and to whom paid, the number and value of the shares into which said stock has been divided, the residence of the subscribers, and the number of shares subscribed by each, the name of the county in which the chief operations of the company are to be carried on, the term of years for which the association is to continue, and the number and names of the directors who shall manage the affairs of said company until the next annual election ; who shall then have the said certificate recorded in the office for the recording of deeds, in the county in which the business of the company is to be carried on as aforesaid, and shall send to the office of the Secretary of the Commonwealth to be filed a copy of said certificate duly certified by the Recorder of said county. On receipt of said certified copy, the said Secretary is required to enter thereon and upon the original certificate to-be retained by the company, the day and date of the filing of the same, and, moreover, to cause said certificate to be recorded. When said certificate has been so recorded and filed, the company become a body politic and corporate in fact and in law. By the terms of said act, one-half of one per cent, of the capital stock is to be paid to the Secretary of the Commonwealth, in five equal annual instalments, the first to be paid one year from the time of filing said certificate, for the use of the Commonwealth. No company so incorporated may commence operations until fifty per cent, of the stock subscribed shall be paid ; and all stockholders are jointly and severally liable for the whole amount of the shares of said stock respectively held by them. Many other of the provisions of this act are so important that parties interested should carefully examine it. COEPORATIONS. ■ 279 Forms toproowe the Incorporation of a Literary Association, under the Act of 6th April, 1791. Abticles op AsspciATioN, or Constitution of the Franklin *' Literary Association. The subscribers, citizens of the Commonwealth of Pennsylvania, have agreed to associate themselves for the purposes set forth in the following articles, and are desirous of acquiring and enjoying the powers and immunities of a corporation or body politic in law, for the furtherance of such purposes. We do, therefore, hereby associate ourselves for the objects, and under the articles, conditions, and name specified in the following articles : Article 1. This Corporation shall be known by the name of " The Franklin Literary Association," and shalLhave full power and authority to make, have, and use a common seal, with such device and inscription as they may deem proper, and the same to break, alter, and renew at their pleasure ; and by the name, style, and title aforesaid, shall be able and capable in law to sue and be sued, plead and be impleaded in any court or courts, before any judge or judges, justice or justices, in all manner of suits, complaints, pleas, causes, matters, and demands whatsoever, and all and every matter or thing therein to do in as full and effectual a manner as any other person or persons, bodies politic and corporate, within this Com- monwealth, may or can do; and to make rules, by-laws, and ordi- nances, and to do every thing needful for the good government and support of the afiairs of the said corporation ; provided always that the said by-laws, rules, and ordinances, or any of them be not re- pugnant to the Constitution and Laws of the United States, to the Constitution and Laws of this Commonwealth, or to this charter. And the managers and their successors shall be able and capable in law to take and receive, hold and enjoy all and all manner of lands, tenements, rents, annuities, franchises, and hereditaments, and any sum and sums of money, and any manner and portion of goods and chattels, given or bequeathed to them, to be employed and disposed of according to the objects, articles, and conditions hereof, or ac- cording to the articles and by-laws of this corporation, or according to the will and intention of the donors ; provided always, that the clear yearly income of the real and personal estate held by this corporation shall not at any time exceed the sum of two thousand dollars. 280 ceRPORATioTsrs. Akt. 2. The object of this Association is to encourage and foster among the population of the City and County of Philadel- phia the spirit of self-improvement, by the establishment of a library, reading-room, &c. ; and it shall have power to purchase land, erect, or build, or rent buildings, and perform such other acts as may be necessary to this object. Aet. 3. The management of this Associatiojl shall be vested in a Board composed of twelve Managers, to be elected by the con- tributors on the first Monday in October in each year, to serve one year, and until others are chosen. Each contributor who shall have paid twenty dollars or more at one time shall be a life contributor and be entitled to a vote ; and every person who shall enroll himself as a subscriber, and pay to the treasurer two dollars per annum, and who shall have paid his subscription one year before the elec- tion, and is not in arrears at that time, shall also be entitled to vote at said elections. No loss or impediment to corporate powers shall take place by reason of any omission to elect at the time specified, but the same Managers shall continue to enjoy and exercise all the powers vested in them until an election shall duly be held on a suc- ceeding anniversary of the said day. The Board of M^,nagers shall have power to fill vacancies in their own body, and the persons by them chosen shall continue to be Ma- nagers until the next annual election. Nothing in this article shall be construed so as to prevent a re-election of the same Managers. Art. 4. The Board of Managers shall make a report once in every year, showing the cash account, state of the funds, progress, situation, and prospects of the Association, and submit the same to the contributors at the annual election, at which time, and for one week previous, persons entitled to vote shall have access to all the books and papers of the Board of Managers. JOHN DOE, KICHARD ROE, JOHN SMITH, &G. &C. &C. Office of the Attorney General, 1 » PhiladelpMa, 26th March, 1852. | I hereby certify that I have perused and examined the within articles of association of the Eranklin Literary Association, and am of opinion that the objects, articles, and conditions therein contained are lawful. JAMES CAMPBELL, Attorney Creneral of Penna. COaPOEATIONS. 281 We, the Justices of the Supreme Court of Pennsylvania, do certify that we have examined and perused the within instrument of writing, and concur with the Attorney General in the opinion that the objects, articles, and conditions therein set forth and contained are lawful. Witness our hands, at Philadelphia, this 24th day of April, A. D. 1852. O JEREMIAH S. BLACK, ELLIS LEWIS, trOHN GIBSON, - WALTER H. LOWRIE, RICHARD COULTER. I, Joseph Simon Cohen, Prothonotary of the Supreme Court of Pennsylvania for the Eastern District, do certify that the within instrument of writing was presented to the Justices of the Supreme Court of Pennsylvania, and was by them duly allowed, as appears by their above certificate. , fiM^. In testimony whereof, I have hereunto subscribed my name, and affixed the seal of the said Supreme Court, at Philadelphia, this twenty-fourth day of April, A. D. 1852. J. SIMON COHEN, Prothonotary. Executive Chamber, \ Harrisburg, May 21st, 1852. J To F. W. Hughes, Esquire, Secretary of the Commonwealth : Sir: — Let the within and foregoing instrument of writing be enrolled according to law. WILLIAM BIGLER. Pennsylvania, «». I do hereby certify that the above and foregoing instrument in writing is enrolled in Charter Book, Volume No. 7, pages 612, 613, and 614. %ruf. Witness my hand and the seal of the said ofiBce, at Harris- ,^®?&& burg, this twenty-first day of May, A. D. one thousand SisyiK eight hundred and fifty-two. "^^p- F. W. HUGHES, Secretary of the Commonwealih. IPorms to procure the Incorporation of a Protestant Episcopal Uhurch, under the Act of IBth October, 1840. Chartee op Incorporation. Whereas, the following named persons, citizens of this Common- wealth, viz. A. B., C. D,, E. E., &c. have, together with other 282 CORPORATIONS. citizens, associated for the purpose of worshipping Almighty God, according to the faith and discipline of the Protestant Episcopal Church in the United States of America, and have for that purpose formed a congregation at , in , and are now desirous to be incorporated agreeably to the provisions of the Act of the General Assembly of Pennsylvania, entitled " An Act to confer on certain associations of the citizens of this Commomvealth the powers and immunities of . corporations or bodies politro in law:" They therefore declare the following to be the objects, articles, and con- ditions of their said association^ agreeably to which they desire to be incorporated, viz. : First. The name of the corporation shall be, "The Rector, Churchwardens, and Vestrymen of ." Second. This Church acknowledges itself to be a member of and to belong to the Protestant Episcopal Church in the State of Penn- sylvania, and the Protestant Episcopal Church in the United States of America. As such, it accedes to, recognises, and adopts the constitution^ canons, doctrine, discipline, and worship of the Pro- testant Episcopal church in the State of Pennsylvania, and of the Protestant Episcopal Church in the United States, and acknow- ledges their authority accordingly. Any member of this Church or corporation who shall disclaim or refuse conformity to the said authority, shall cease td be a member of this corporation, and shall not be elected, or vote in the election of vestrymen, or exercise any office or function in, concerning, or connected with the said Church or corporation. ^ Third. The rents and revenues of this corporation shall be, from time to time, applied for the maintenance and support of the rector, ministers, and officers of the said Church, and in the erection and necessary repairs of the church and church-yard, and parsonage- house and other houses which now do or hereafter shall belong to the said corporation, and to no other use and purpose whatsoever : Provided always, that the clear yearly value or income of the real and personal estate held by the said corporation shall not at any. time exceed the sum of two thousand dollars. Fourth. The said corporation shall not, by deed, fine, or reco- very, or by any other means, without the assent of the Convention of the Protestant. Episcopal Church of the State of Pennsylvania, or of the standing committee of the diocese, previously had and obtained, grant, alien, or otherwise dispose of any lands, messuages, tenements, or hereditaments in them vested, nor charge nor ehcum: , ber the same to any person or persons whomsoever. '• ' '■ * :-' Fifth. The rector of this Church shall be elected by the- church wardens and vestrymen, in such manner as the statutes and by-laws COUPORATIONS. 283 Bhall ordain. The vestry of the said Church shall consist of ■ persons, members of the said Church, who shall continue in office for one year, and until others be chosen ; and the election of such vestry shall be made every year on Easter Monday, by a majority of such members of the said Church as shall appear by the vestry- books to have paid, two successive years immediately preceding the time of such election, for a pew or sitting in the said Church : Pro- vided, that, until fim next Easter Monday after the expiration of five years from the date of this charter, members of the said Church who shall in any way have contributed to the erection of the church, or to the support of the rector or ministers thereof, shall be entitled to vote at the election of vestrymen ; and provided, that in case of the failure to elect vestrymen on that day, the corporation shall not on that account be dissolved, but the election shall be holden on some other day, in such manner as the by-laws may prescribe : Provided always, that the by-laws, rules, and ordinances of this corporation shall not be repugnant to the Constitution and laws of the United States, or of this Commonwealth, or to this instrument. Sixth. No person shall be the rector or assistant minister of this Church unless he shall have had episcopal ordination, and unless he be in full standing with the Protestant Episcopal Church of the Stat^ of Pennsylvania and of the United States, and recognised as such by the bishop of this diocese, or, in case of a vacancy in the episcopate, by the standing committee of the diocese. Seventh. The said vestry shall have full power to choose their own officers ; and they shall annually, at their first meeting after their election, choose one of their own number to be one church- warden, and the rector for the time being shall elect another of the said vestrymen to be the other churchwarden of the- said Church. In case of a vacancy in the office of rector at the time of the elec- tion, the other churchwarden shall also be chosen by the vestry, to remain until the election of a rector or a new election of the vestry ; and during such vacancy the churchwardens for the time being and vestrymen shall have the same powers and authorities, relating to the (fisposition of the rents and revenues of the said corporation, as are hereby vested in the rector, churchwardens, and vestrymen : Provided always, that it shall be the duty of the said churchwardens and vestrymen to elect another rector to supply the vacancy as soon as conveniently inay be. Eighth. The following named persons to be the church- wardens and vestrymen, to continue in office until the election on Easter Monday next, and until others be chosen, viz. : [here insert the names of churchwardens and vestrymen.] A.B. CD. E. F. &c. &c. 284 COKPORATIONS. Decree of Court. In the Covfft of Common Pleas in and for the County of Phila- delphia. In the matter of the incorporation of [here insert the title of the association :] And now, viz. this day of , A. D. 1852, the articles of incorporation of the [he^ insert the title of the association] having been heretofore, to wit, on the day of , A. D. 1852, filed in tho office of the Prothonotary of said Court,. and due notice having been inserted in a newspaper printed in said county, in due conformity to law : Therefore, on motion of , it is declared and decreed, that the persons so associated nnder said articles, shall, according to the articles and conditions in said instrument set forth and contained, Tjecome and be a corporation or body politic in law. And it is further ordered and directed, that said charter of incorporation shall be recorded in the office for recording of deeds in and for said county ; and on said instrument being so recotded, the persons so associated or meaning to associate shall, according to the objectsj articles, and conditions in said instrument Set fbrth and contained, become and be a Corporation or body politic in law and*in fact, to have con- tinuance by the name, style, and title in said instrument provided and declared. In testimony whereofj I have hereunto set my hand and affixed the seal of said Court, this day of , A. D. one thousand eight hundred and fifty-two (1862.) A. B., Prothonotary. Petition for the Appointment of a Sequestrator in a ease of a Corporation being a Defen^ant^ with a view to Sequestrate the Revenues of their^ Road, Canal, or other Puhlie Improvement, or as the case may be. To the Honorable the Judges of the Court of Common Pleas of County. The petition of A. B. [the plaintiff in the judgment] respect- fully represents : That a writ of Fieri Facias was issued out of the said Court to Term 18 — , No. , at the suit of your petitioner, against the , [here name the corporation,] for the sum of , which execution has been returned unsatisfied, by the Sheriff of the said county. That the said [here name the corporation] is a corporate body owning [here state the nature of the property owned by the corporation ; as, a road, CORPORATIONS. 2S6 canal, &c.,] which said [railroad, canal, or turnpike, as the case may be,] is now used for , [here state the uses of the road, &c.,] from which certain tolls or revenues are derived. Your petitioner, therefore, prays your Honors to award a writ to sequester the goods, chattels, and credits ; rents, issues and pro- fits ; tolls and recppts, from said — > , [road or canal, as the case may be,] and from all other works, property, and estate of the said corporation ; and to appoint a sequestrator to execute the said writ, agreeably to the Act of Assembly in such case made and provided ; and he will pray, &c. [Here add an affidavit of the correctness of the facts set forth in the petition.J 286 COVENANTS. COVENANTS. A CoTENANT is an agreement between two or more persons, entered into in writing and under seal, wliereby eitlier party stipulates for the truth of certa,in facts, or promises to perform or give something to the other, or to abstain from the performance of certain things. 2 Bl. Com. 303 and 304 ; Bac. Ab. Covenant ; 4 Cruise, 446; Sheppard's Touch. 160 ; 1 Barring. 161, 233; 1 Bibb, 379; 2 Bibb, 614 ; 3 John. 44 ; 20 John. 86 ; 4 Day, 321. In a promise or contract not under seal, a consideration must be shown; in a covenant under seal, no consideration is necessary to give it validity, even in a court of equity. Plowd. 308 ; 7 T. E. 447 ; 4 Barn. & Aid. 662 ; 3 Bingh. 111. The general requisites to a covenant are, 1st, •proper parties; 2dly, an agreement ; 3dly, a legal promise ; and, 4thly, that it be properly executed, 1st. The parties must be such as by law can enter into a contact. If, either for want of understanding, [as in tfce case of an idiot or lunatic ; or in case of an infant (under 21 years of age) where the contract is not for his benefit ;] or where there is understanding, but, owing to certain causes [as coverture, in the case of a married woman, (except where Acts of Assembly have conferred separate power upon the wife,) or duress, in every case,] the parties are not competent, they can not bind themselves. ( 2dly. There must be an agreement. The assent or consent must be mutual ; for the agreement would be incomplete if either party withheld his assent to any of its terms. The assent to the contract necessarily supposes a free, fair, serious exercise of the reasoning faculty. Now, if from any cause, this free assent be not given, the contract is void. 3dly. A covenant against any positive law, or public policy, is generally void. Shep. Touch. 163. As an example of the first is a covenant by one man that he will rob another ; and of the last, a covenant by a merchant or tradesman that he will not follow his occupation or calling. This, if it be unlimited, is absolutely void ; but if the covenant be that he shall not pursue his business in a particular place, as that he will not trade in the city of Philadelphia, the covenant is no longer against public policy. See Shep. Touch. 164. A covenant to do an impos- sible thing is also void. lb. 4thly. To make a covenant, it must, according to the definition above given, be by deed, or under seal. The law does not seem to have appropiriated any set of words as absolutely required in creating a covenant.' Any words which manifest the intention of the parties to perform an act are sufficient. Bouv. L. D. See numerous examples in Bac. Abr. Covenant, A. ; Selw. N. P. 469; Com. Dig. Cove- nant, A. 2 ; 3 Johns. R. 44 ; 5 Munf. 483. In Pennsylvania, Delaware, and Missouri, it is declared by statute that the words " grant, bargain, and sell," shall amount to a covenant that the grantor was seized of an estate in fee, free fi-om all encum- brances done or suffered by him, and for quiet enjoyment against his acts. But it has been adjudged that those words in the Pennsylvania statute of 1716 (and the decision will equally apply to the statutory language of the other two states) did not amount to a general warranty, but merely to a covenant that the grantor had not done any act, nor created any encumbrance whereby the estate might be defeated. 2 Bin. 96 ; 4 Kent. Com. 460. COVENANTS, 287 Covenants are express or implied. 1st. An express covenant, oi a covenant in fact, is one expressly agreed between the parties and inserted in the deed. The law does not require any particular form to create an express covenant. The formal ■word "covenant" is therefore not indispensahly requisite. 2 Mod. 268; 8 Keb. 848 ; 1 Leon, 324 ; 1 Bing. 433 ; 8 J. B. Moore, 546 ; 1 Ch. Cas. 294 ; 16 East, 352 ; 12 do. 182, n. ; 1 Bibb, 379; 2.do. 614; 8 John. 45; 5 Cowen, 170; 4 Day, 321 ; 4 Com. 508; 1 Barring. 233. The words, "loblige," "agree," lVes.516; 2 Mod. 266; or, "I bind myself to pay so much such a day, and so much such another day," Hardr. 178 ; 3 Leon, 119, pi. 199, are held to be covenants; and so are the words of a bond. 1 Ch. Cas. 194. But words importing merely an order or di- rection that other persons should pay a sum of money are not a covenant. 6 J. B, Moore, 202, n. (a.) A covenant in law is one which 'the law intends and implies, though it be not expressed in words. There are some words which of themselves do not import an express covenant, yet, being made use of in certain contracts, have a similar opera- tion, and are called covenants in law. They are as effectually binding on the parties -as if expressed in the most unequivocal terms. Bac. Ab. Covenant, B. A few ex- amples will fully explain this. If a lessor demise and grant to his lessee a house or lands for a certain term, the law will imply a covenant on the part of the lessor that the lessee shall during the term quietly enjoy the same against all encum- brances. Co. Litt. 384. And the words "yielding and paying" in a lease imply a covenant, on the part of a lessee, that he wUl pay the rent. 9 Verm. 151 ; 3.Penna. 461, 464. General Form of a Covenant hy one Person. And the said John Jones, for himself, his heirs, executors, and administrators, [or as the case may require,] doth hereby covenant to and with the said William Burns, his heirs, executors, adminis- trators, and assigns, [or as the case may require,] by these pre- sents, as follows ; that, &c. [here insert whatever is agreed upon.] General Form of a Covenant hy two or more Persons jointly and severally, ■And the said John Jones and John Doe, for themselves, their heirs, executors, and administrators, [or as the case may require,] do hereby jointly and severally covenant to and with the said William Burns, hifl heirs, executors, administrators, and assigns, [or as the case may require,] by these presents, as follows : [here insert whatever is agreed upon.] Covenant hy a Sushand for Himself and Wife. And the said John Jones, for himself, his heirs, executors, and administrators, and for and on behalf of the said Mary Jones, and her heirs, executors, and administrators, doth covenant with the said William Burns, his heirs, executors, administrators, and assigns, as follows ; that, &c. [here insert agreement.] 288 COVENAMS. Covenant hy several Individuals where each party confines his Covenant to his own portion of an JEsbate. And the said John Jones, for himself, his heirs, executors, and administrators, for the estate, right, title, quiet enjoyment, and further assurance of one-sixth part of the said hereditaments and premises ; and the said John Doe, for himself, his heirs, executors, and admiiiistrators, for the estate, right, title, quiet enjoyment, and further assurance of one-sixth part of the said hereditaments and premises ; and the said [h^re continue to state the remainder of the parties in the same way as the first two above] do, and each and every of them doth, severally, but not jointly, covenant, each for himself and his heirs, with the said William Burns, his heirs, ex- ecutors, administrators, and assigns that, [here state what is cove- nanted.] Another Form of Covenant hy several Indimiduals severally, iut not jointly. And the said John Jones, John Doe, Richard Roe, and John Flagg, for themselves severally and respectively, and' for their several and respective heirs, executors, and adpiinistrators ; but not jointly, or the one for the other, or others^ of them, do covenant, each for himself and his heirs, witii the said William Burns, his heirs, executors, administrators, and assigns, by these presents in manner following, [here insert fully the covenants.] Covenant Asserting Title to Real Estate, hy a Tenant for Life and a Tenant in Fee of the Reversion, who join in a D-eed. And the said John Jones aad WilUam Jones, for themselves respectively, and for their respective heirs, executors, and ad- ministrators, but not jointly, or one for the other, do hereby cover nant, each for himself and his heirs, with the said William Burns, his heirs, executors, administrators, and assigns, tiiat at the execu- tion of these presents, they, the said John Jones aoad William Jones, are lawfully seized of the granted premises in manner following, that is to say, the said John Jones is seized thereof as tenant by the courtesy, and the said William Jones is seized in fee simple of reversion expectant upon the determination of the said estate by the courtesy, &c. Covenant Asserting Title to Real Estate, hy two Vendors severally, hut not jointly. ' And the said John Jones and William Jones, for themselves, respectively and not jointly^ or one for the other, do hereby cove- nant each for himself and his heirs with the said William Burns, COVENANTS. 289 that they, the said John Jones and William Jones, at the delivery hereof, are and stand, and each of them is and standeth lawfully seized of and in the several parts and- proportions of and in the said messuage, tenement, or tract of land herein described, &c. Covenant to Stand Seized of Premises not well conveyed, for the Uses in the Deed mentioned. ' > And the said John Jones doth, for himself and his heirs, covenant and agree, for the consideration aforesaid, to and with the said Wil- liam Burns and his heirs, that the said John Jones and his heirs shall and will, from and after the tenth day of December, A. D. one thousand eight hundred and fifty-three, stand and be seized to the several uses in and by these premises limited and declared, accord- ing to the true meaning hereof, of and in such part and so much of the premises as for any cause or defect whatsoever shall not be well and sufficiently conveyed and assured unto the said William Burns and his heirs, to the uses as aforesaid, before the tenth day of De- cember aforesaid, and to no other use, intent, or purpose. Covenant hy Trustees, where they join in a Conveyance, that they have done no Act to Encumber. And the said John Jones, John Doe, and John Flagg, the party hereto of the first part, [or as the case may be,] separately and apart, each for himself, his heirs, executors, and administrators, and not jointly, nor the one for the other, or others of them, but each of them for his own acts only, do covenant with the said Wil- liam Bums, his heirs and assigns, that they, the said John Jones, John Doe, and John Flagg have not, nor hath either of them, at any time heretofore, done or suffered any act, matter, or thing what- soever, whereby the said premises hereby granted and released, or any part thereof, is, or can be, impeached or encumbered in title, estate, or otherwise howsoever. Covenant for Quiet Enjoyment, [for which, see 2 Sand. R. 178 a, note 8.] And the said John Jones, party hereto, for himself, his heirs, executors, and administrators, doth covenant to and with the said William Burns, his heirs and assigns, by these presents, that he, the said William Burns, his heirs and assigns, shall and may, from time to time, and at all times for ever hereafter, peaceably and quietly have, hold, and enjoy all and singular the said premises hereby granted and i;eleased, without the hindrance, denial, or m- terruption of any person or persons lawfully claiming, or to claim any right, title, or interest at law or in equity, in, to, or out of the same, or any part thereof. 19 290 COVENANTS. Covenant for further Asmring Conveyance of Real Ustate. And the said John Jones, for himself, his heirs, executors, and administrators, doth hereby further covenant with the said William Burns, his heirs and assigns, that the said John Jones, his heirs, executors, administrators, and assigns, at the request and at tlj^e charges of the said William Burns, his heirs or assigns, shall, and ■will from time to time^ and at all times hereafter, execute, acknow- ledge, and deliver, or cause to be executed, acknowledged, and de- . livered all and every such further and other acts, conveyances, and assurances in the law, for the better assuriag to the said William Burns, his heirs and assigns, of the premises, in manner as above conveyed, or mentioned and intended to be conveyed, as by the said William Burns, his heirs and assigns, or his or their counsel learned in the law, shall reasonably advise and' require. Covenant of Warranty. And the ijcid John Jones, for himself, his heirs, executors, and . administrators, doth hereby covenant, .promise, grant, and agree,' to and with the said William Burns, his heirs and as3igns, by these presents, that he, the said John Jones and his heirs, the said above- mentioned and described messuage and tract of land, hereditaments, and appurtenances, hereby granted or mentioned, or intended so to be, unto the said William Burns, his heirs and assigns, against him, the said John Jones, and his heirs, and against. all and every other person and persons whomsoever, lawfully claiming or to claim the same or any part thereof, [*by, from, or under him, them, or any of them,] shall and will warrant and for ever defend by these presents. Covenant against Encumbrances, And the said John Jones, for himself, his heirs, executors, and administrators, doth covenant, promise, grant, and agree, to and with the said William Burns, his heirs and assigns, by these pre- sents, that he, the said John Jones, hath not heretofore done, com- mitted, or wittingly or willingly suffered to be done or committed, any act, matter, or thing whatsoever, whereby the premises hereby granted, or any part thereof, is, are, or shall or may be impeached, charged, or encumbered, in title, charge, estate, or otherwise how- soever. Covenant to Restrict Building^ And the said W. V., for himself, his heirs, executors, adminis- * This, 'without the ■words in brackets, is a general warranty, that is to say, a warranty against all the world ; but ■with the 'words in brackets, it is a special warranty, that is to say, a warranty against the grantor and his heirs only. COVENANTS. 291 trators, and assigns, doth by these presents covenant, promise, grant, and agree, to and with the said A. T., his heirs and assigns, that he, the said W. V., his heirs and assigns, shall not nor will at any time hereafter build upon a certain strip or piece of ground, part of the above-described lot, so held by the said W. V., contain- ing in front ten feet, by one hundred feet in depth, so that the same shall be and remain open to the properties of the said parties hereto, and the right of soil in and to the said strip, and all other rights appurtenant thereto, to be and remain as heretofore in the said W. v., his heirs and assigns. And furthermore, that as regards the remaining part of the said larger lot, to the depth of one hun- dred feet, so held by the said W. V., no building other than dwell- ing-houses shall hereafter be built on the same or any part thereof, and of no greater number than four stories in height for the main building, nor of a greater number than three stories in height for the back buildings. Another Covenant to Bestrict Building. And the said J. B., for himself, his heirs, executors, administra- tors, and assigns, doth by these presents covenant, promise, grant, and agree, to and with the said T. S., his heirs and assigns, in manner following, viz. that for the purpose of affording light and air to the said hereby granted premises, no building, part of a build- ing, or other obstructions whatever, of a greater height than ten feet from the level of the ground, shall at any time hereafter be erected upon that part of the said lot of ground of ten feet in breadth, (ad- joining the said hereby granted premises on the north,) which lies between a line running parallel with and thirty feet eastward from street, and a line running parallel with and twenty feet westward from street aforesaid, except only the eaves [and such other exceptions as the case may require.] Covenant that Lessee may deduct out of his Rent the amount paid hy Mm for Taxes and Repairs. And also, that it shall and may be lawful, to and for the said William Burns, his executors, administrators, and assigns, to retain, deduct, and keep out of every year's rent, agreed to be paid to the said John Jones, his heirs or assigns, as aforesaid, so much money as he, the said William Burns, his executors, administrators, or as- signs, shall from time to time, during the said term, have paid for taxes on said premises, or such repairs, amendments, and additions by him made or done, or caused to be made or done, in and about said premises, by and with the consent or direction of the said John Jones, his heirs or assigns ; or for repairs to said premises without 292 COVENANTS. the direction or consent of the said John Jon )5, his heirs or assigns, provided said repairs are necessary to keep the said premises in proper tenantable condition. Covenamt that Lessee shall pay Taxes, That he, the said William Burns, his executors, administrators, and assigns, shall and will from time to time, and at all times, during the said term hereby granted, well and truly pay, in addi- tion to the sum hereinbefore named for rent, all rates, taxes, duties, charges, and assessments whatsoever, that shall or may be assessed, charged, rated, or imposed on the said hereby demised, premises, or any part thereof, and thereof and therefrom save harmless and keep indemnified the said John Jones, his executors, administrators, and assigns ; and also his and their lands and tenements. Covenant that Lessor shall Insure the Premises against Fire, and Rebuild in. case of destruction or damage hy Fire. And that he, the said John Jones,, his executors, administra- tors, and assigns, shall and will, at his and their own proper costs and charges, from time to time sufficiently insure all and pery the messuages or tenements, erections or buildings', which shall be erected and built upon the said piece or parcel of ground hereby demised, or any part thereof, from casualties by fire, during the then remainder of the said term hereby granted, in some one or more of the public offices kept for that purpose in Philadelphia ; and in case the Said messuages oi tenements, erections or buildings, or any of them, or any part of any of them, shall at any time or times during the said term be burnt down, destroyed, or damaged by fire, shall and will immediately afterwards rebuild, or well and suffici- ently repair the same. Covenant that the Tenant shall lay out, ^c, in Repairs. And the said William Burns, in consideration of these presents, and the covenants and agreements herein contained, doth covenant, promise, and agree, to and with the said John Jones, his heirs and assigns, that he, the said William Burns, his executors, administra- tors, or assigns, shall and will, within six months next after the date hereof, lay out and expend the sum of two hundred dollars in re- pairing, amending, and beautifying the said messuage or tenement hereby demised, or shall and will, at his own proper cost and charges, well and sufficiently put the said messuage oi tenement hereby demised, in good, sufficient, substantial, and tenantable re- pair, and particularly shall and will, [insert the particulars agreed upon.] COVENANTS. 293 Covenant that JJessee may take down and carry away certain things at the end of the term, unless the Lessor will pay for them. And the said John Jones, for himself, his heirs, and assigns, doth covenant, promise, and agree, to and with the said William Burns, his executors, administrators, and assigns, by these presents, that it shall and may be lawful to and for the said William Burns, his executors, administrators, or assigns, or any of them, at the end of the said ten years, or other sooner determination of these presents, to take down and carry away such and such things, erections, buildings, furnitures, and ornaments, as he or they shall, during the said term, have fixed, erected, and set up, in or upon the said premises, doing as little damage to the said messuage or tenement as he possibly can ; unless the said John Jones, his heirs or' assigns, be willing to have and keep the same, and thereof shall give notice to the said William Burns, and shall do or pay, or cause to be paid, unto the said William Burns, his executors, administrators, or as- signs, so much money for the same as they shall be reasonably valued at by two disinterested persons ; the one to be chosen by the said William Burns, his executors, administrators, or assigns, and the other by the said John Jones, his heirs or assigns ; and in case they cannot agree upon the valuation as aforesaid, then the said two disinterested persons aforesaid are to appoint a third person for their assistance in makin? such valuation. Covenant that Lessee shall use the Say, ^c, on the premises, and spread the Dung thereon. And also that he, the said William Burns, shall and will, during the continuance of this lease, use on the said demised premises all the hay and straw arising therefrom, and shall spread and bestow all the compost and dung which shall be made thereby upon the said premises in a proper manner, save only the com- post or dung to be made in the last year of his lease, which the said WilUam Burns shall leave upon the said premises, imto and for the said John Jones, without being paid or allowed any thing for the same. Covenant that Lessee, if desirous, may leave the Premises within the Term. And lastly, it is hereby covenanted and agreed, by and between 6he said parties hereto, and it is the true intent and meaning of these presents, that if the said William Burns, his executors, admi- nistrators, or assigns, shall be minded and desirous to leave, yield, and give up the said premises hereby demised, at the end of two years or four years next after the commencement of this present 294 COYIiNANTS. demise or lease, and shall give six montlis' notice thereof, under his or their hands, unto the said John Jones, his heirs or assigns, immediately preceding either of the said terms of two or four years, this present indenture and the term and estate hereby granted shall cease, determine, and be utterly void ; any thing herein contained to the contrary notwithstanding. Covenant not to suffer any Nuisance. And that he, the said William Burns, his executors, administra- tors, and assigns, shall not nor will, during the said term hereby granted, permit or suffer any person or persons to use, exercise, or carry on, in or upon the said hereby demised premises or any part thereof, any trade or business which may be nauseous or offensive, or grow to the annoyance, prejudice, or disturbance of any of the other tenants of the said John Jones, or any other person near ad- joining thereto. Covenant from a Crtantor, that he has a good right to Grant and Convey. And the said John Jones doth hereby, for himself, his heirs, exe- cutors, and administrators, covenant, promise, and agrae to and with the said William Burns, his heirs and assigns, in manner fol- lowing, that is to say: that he, the said John Jones, now bath in himself good right, full power, lawful and absolute authority to grant and coQvey the said '- — in manner aforesaid. Covenant from an Assignor, that an Annuity has not been paid for two years. And the said John Jones, for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree to and with the said William Burns, his executors, administrators, and as- signs, in manner following, that is to say : that no part of the said hereby conveyed and assigned annuity or yearly rent-charge of dollars hath been paid to or received by lum, the said John Jones, for upwards of two years last past. DECLARATIONS. 295 DECLABATION, OB, NARR. [NARRATIO,] &. DECLA.BA.TIOII, In pleading, is a specification, in a methodical and logical form, of tlie circumstances which constitute the plaintiff's cause of action. 1 Chit. PI. 248; Stisph. PI. 36 ; 6 S. & R. 28. In real actions, it is most properly called a Count ; in a personal one, the Declaration. Steph. PI. 36 ; Doct. PI. 83 ; Lawes, Plead. 33. The latter, however, is now the general term, being that commonly used when referring to real and personal actions without distinction. The Declaration in an action at law answers to the Bill In Chancery, the Libel of the civilians, and the Allegation of the Ecclesiastical Courts. The general requisites of a Declaration are — Mrst. That it must correspond with the process. Second. That it contain a statement of all the facts necessary, in point of law, to sustain the action, and no more. Co. Litt. 303 a ; Plowd. 84, 122 ; 2 Mass. 363 ; Cowp. 682; 6 East, R. 422; 5 T. R. 623. Third. These circumstances must be stated with certainty and truth. The cer- tainty in a Declaration should pervade the whole, and is particularly required in setting forth the parties. It must be stated with certainty who are the parties to the suit; and therefore a Declaration by or against "C. D. and Company," not being a corporation, is insufficient. Com. Dig. Pleader, C. 18; 1 Camp. R. 446; 1 T. R. 508 ; 3 Caine's R. 170. In personal actions, the Declaration must in general state a time when every material or traversable fact happened, and when avenue ia necessary. 5 T. R. 620 ; Com. Dig. Plead. C. 19 ; Plowd. 24 ; 14 East, R. 390. The precise time, however, is not material, (2 Dall. 349 ; 3 John. R. 43 ; 13 John. R. 253,) unless it constitute a material part of the contract declared upon, or where the date, &c., of a written contract or record is averred. 4 T. R. 590; 10 Mod. 313 ; 2 Camp. R. 307, 8, n. The parts and particular requisites of a Declaration are — Fi-st, the title, designating the court and term. 1 Chit. PI. 261 et seq. Immediately after l£e title of the Declaration, should follow the statement, in the margin, of the venue or county in which the facts are alleged to have occurred, and in which the cause is tried. What is termed the commencement of the declaration should follow the venue in the margin, and precede the more circumstantial statement of the cause of action. It should contain a statement, first, of the names of the parties to the suit, and, if they sue or be sued in nnother right or in apolitical capacity, (as exe- cutors, assignees qui tarn, &c.,) of the character or right in respect of which they are parties to the suit. Secondly, of the mode in which the defendant has been brought into court; and, thirdly, a brief recital of the form of action to be pro- ceeded in. 1 Saund. 318, n. 3; ib. Ill, 112; 6 T. R. 130. The next following portion of a, Declaration should be, the statement of the cause of action, in which all the requisites of certainty befo^ mentioned must be observed. It necessarily varies, according to the circumstances of each particu- lar case and theform of action ; whether in Assumpsit, Case, Covenant, Debt, Detinue, Replevin, Trespass, or Trover. In personal and mixed actions, the Declaration should conclude to the damage of the plaintiff, (Com. Dig. Pleader, C. 84; 10 Co. 116 b, 117 a,) unless in penal actions at the suit of the informer, and some others. The pledges of John Doe and Richard Roe are no longer considered necessary. A Declaration may consist of as many counts as the case requires, and the jury may assess entire or distinct damages on all the counts, (3 Wils. R. 185 ; 2 Bay. R. 206 ;) and it is usual, particularly in actions of assumpsit, debt on simple con- tract, and actions on the case, to set forth the plaintiff's cause of action in various shapes in different counts, so that if the plaintiff fail in proof of one count, he may succeed in another. 3 Blackstone's Com. 295. The Declarations inserted in this work are principally from the late improved English Forms of Pleading, and are adapted to our own practice. They are much shorter than the old forms, but contain all that is necessary. The Form for Deola ■ ration in Assumpsit, on page 298, is inserted as it came before the Supreme Court of New Jersey, (as reported in 2 Green, 534 ei seq.,) and was there decided to 296 DECLARATIONS. contain all the essentials required by the rules of sound pleading. Chief Justice Hornblower said, in the decision of this case, " the declaration will be good, if it contains all that would be necessary for the plaintiff to prove, under a plea of the general issue, in order to entitle himself to reooTer." The Court approved and sustained the counts therein set forth, upon a special demurrer, and the Chief Justice further said, that it was "certainly too late to demur to a declaration in assumpsit, at this day, for want of pledges of prosecution." See also 4 John. 190. In Pennsylvania there is an Act of Assembly which allows a statement to be filed in suits "for the recovery of any debt founded on a verbal promise, book- account, note, bond, penal or single bill." The demand must be included in one or other of the above expressions, if a Statement is substituted for a Declaration. In this State it is not necessary to file a Declaration in an Ejectment, for the Act of Assembly of 21st March, 1806, provides that it shall be the duty of the plain- tiff in such action, by himself, his agent or attorney, to file in the oflSoe of the Prothonotary of the proper county, on or before the first day of the term to which the process is returnable, a description of the land, together, with the number of acres which he claims ; and the defendant shall enter his defence (if any he hath) for the whole, or any part thereof, before the next term, and thereupon issue shall be joined. [SeeB S. & E. 409; 6 Binn. 55, 99; 4 S. & R. 271, 279; 14 S. & R. 273.] If the praecipe for a summons in Ejectment particularly describes the land in controversy, it is not necessary for the plaintiff to file another description of the land, according to the twelfth section of the Act of 21st March, 1806. 6 Binn. 99. It is a sufficient description of the premises, within the Act of 21st March, ] 806, to mention the county and township, the number of acreSj and the name or names of the persons who own the adjoining lands. 4 Binn. 77. By the Act of 21st March, 1806, (4 Smith, 328,) it is provided that no plaintiff shall be nonsuited for informality in any statement or declaration filed; but, on application to the Court, may amend the same, as may the defendant in like man- ner his plea or defence, on or before the trial of the cause; and by the Act of 16th April, ,1846, (Pamph. L. 353,) the courts are empowered to permit amendments of the record, when it shall appear to them, by any suf&cient evidence, that a mis- take has been made in the Christian name or surname of any party, plaintiff or defendant. And if by such alterations or amendments, the adverse party is taken by surprise, the trial shall be continued until the next term of court. For a large portion of the following forms for declarations we are indebted to the able works of Greening, Hennell, and Stephens, and to other English works on Forms and Pleading ; to the " Ohio Forms and Practice," by Wilcox, recently pub- lished ; to Troubat & Haly's " Pennsylvania Practice," and to other valuable works Declaration in Assumpsit, with Common Qounts. I In the Court of Common Pleas of County, I ^0. , of Term. A. D. 18—. County, ss. John Doe, the plaintiff in this suit, hy A. B., his attorney, [or " in his own proper person,"1 complains of Richard Roe, the defendant in this suit, who has been summoned to answer the plaintiff in a plea of trespass on the case upon promises. For that whereas the said defendant heretofore, to wit, on the first day of , A. D. one thousand eight hundred and —> , at , in the County of aforesaid, was indebted to the said plaintiff in dol- lars, for the price and value of goods then and there bargained and sold by the plaintiff to the defendant at his request : And in dollars for the price and value of goods then and there sold and delivered by the plaintiff to the defendant at his request : And in dollars, for the price and value of work then and there done, and materials for the same provided, by the plaintiff for the DECLARATIONS. 297 defendant at his request : And in -, dollars, for money then and there lent by the plaintiff to the defendant at his request : And in dollars, for money then and there paid by the plaintiff for the use of the defendant at his request : And in dollars, for money then and there received by the defendant for the use of the plaintiff: And in dollars, for money found to be due from the defendant to the plaintiff, on an account then and there stated between them. And whereas, the defendant afterwards, on the day of — , A. D. one thousand eight hundred and , [before the commencement of this suit,'] in consideration of the premises, then and there promised to pay the said several sums of money to the plaintiff on request ; yet he hath disregarded his promises, and hath not paid the said several sums of money, nor either of them, nor any part thereof; to the damage of the plaintiff [here insert a sum suflScient to cover the plaintiff's demand] dollars, and thereupon he brings this suit, &c. A. B., Attorney for Plaintiff. Declaration on a Promissory Note. ] In the Court of Common Pleas of County, No. , of Term, A. D. 18—. County, ss. John Doe, the plaintiff in this suit, ly A. B. his attorney, [or "in his own proper person"] complains of Richard Roe, the defendant in this suit,' who has been summoned to answer unto the plaintiff in a plea of trespass on the case upon promises. For that whereas the said defendant heretofore, to wit, on the day of , A. D. one thousand eight hundred and , at* , in the county aforesaid, made his promissory note in writing, and then and there delivered the same to the plaintiff; and thereby promised to pay the plaintiff, or order, dollars, in days after the date thereof, [or as the case may be,] which period has now elapsed ; and the defendant then and there, in consideration of the premises, promised to pay the amount of the said note to the said plaintiff, according to the tenor and effect thereof ;t yet the said * If the note purport to be made in another place than where the suit is brought, as, for instance, in New York, say, " at New York, to wit, in the county aforesaid." If the note is made payable at a certain place, the Declaration ought so to allege it. 14 Pet. 43. f If the common counts are necessary, the remainder of the form should be as follows : " And also for that whereas the said defendant, on , at , in the county aforesaid, was indebted to the said plaintiff in dollars, for the price and value of goods then and there bargained and sold by the plaintiff to the defendant at his request : And in dollars, for the price and value of goods thei. and there sold and delivered by the plaintiff to the defendant at his request : H 298 DECLARATIONS. defendant hath disregarded hi? promises, and hath not paidthe said sum [or sums, as the case may be] of money", or any part thereof; to the damage of the plaintiflF [here insert a sum sufficient to cover the plaintiff's demand] dollars, and thereupon he brings this suit, &c. A. B., Attorney for Plaintiff. Form of Declaration in Assumpsit, on Promissory Notes, ap- proved hy the Supreme Court of New Jersey. \ In the Supreme Court of New Jersey, j September Term, in the year 1834. Essex County, as. Thaddeus Beardsley, plaintiff in this suit, by Andrew S. Garr, his attorney, complains of Henry Southmayd and Thomas Dwight, defendants therein. The Sheriff of the County of Bergen, to whom the process in this suit was directed, having returned that he has summoned the said Henry Southmayd, but that the said Thomas Dwight was not found in his county, of a plea of trespass on the case upon promises. For that whereas the defendants, on the 26th day of November, in the year 1819, at Middletown, that is to say, in the County of Essejs, made their promissory note in writing, and thereby promised to pay to the order of the plaintiff on demand, with interest until paid, four hundred and fifty-eight dollars and fifty-six cerits, and then and there delivered the said note to the plaintiff, and promised the plaintiff to pay the same according to the tenor and effect thereof. But the defendants did not pay the same, although payment thereof was afterwards, to wit, on the first day of October, in the year 1828, in the county aforesaid, duly de- manded of the defendants, according to the tenor and effect of the said note. And whereas also, the defendants, on the 26th day of November, in the year 1819, at Middletown, that is to say, in the county aforesaid, made their certain other promissory note in writing, and thereby promised to pay to the order of the plaintiff, one hundred And in dollars, for the price and value of work then and there done, and ma- terials for the same provided, by the plaintiff for the defendant at his request : And in dollars, for money then and there paid by the plaintiff for the use of the defendant at his request : And in dollars, for money then and there re- ceived by the defendant for the use of the plaintiff: And in dollars, for money found to be due from the defendant to the plaintiff on an account then and there stated between them. And whereas, the said defendant afterwards, to wit, on the day of , in the year last aforesaid, in consideration of the premises, then and there promised to pay the said last-mentioned several sums of money to the said plaintiff on request ; yet the said defendant hath dis- regarded his promises, and hath not paid the said several sums of money, nor either of them, nor any part thereof; to the damage of the plaintiff dollars, and thereupon he brings this suit," &o. DECLARATIONS, 299 and seventy-eight dollars and seventy-six cents, ninety days from the date thereof, which period has now elapsed ; and then and there delivered the said last mentioned note to the plaintiff, and promised the plaintiff to pay the same according to the tenor and effect thereof. And whereas also", the defendants afterwards, on the first day of September, in the year 1834, in the county aforesaid, were in- debted to the plaintiff in fifteen hundred dollars, for goods sold and delivered by the plaintiff to the defendants at their request ; and in fifteen hundred dollars for work done and materials for the same, provided by the plaintiff for the defendants at their request ; and in fifteen hundred dollars for money lent by the plaintiff to the defendants at their request; and in fifteen hundred dollars for money -paid by the plaintiff for the use of defendants at their re- quest ; and in fifteen hundred dollars for money received by the defendants for the use of the plaintiff; and in fifteen hundred dollars for interest, for the forbearance of the plaintiff at the defendants' request, of money due and owing from the defendants to the plain- tiff; and in fifteen hundred dollars for money found to be due from the defendants to the plaintiff, on an account stated between them ; and the defendants afterwards, on the day and year last aforesaid, in the county aforesaid, in consideration of the last-mentioned pre- mises, respectively, then and there promised to pay the said last mentioned several moneys respectively to the plaintiff, on request ; yet the defendants have disregarded their promises, and ha'v'e not paid the said moneys, or any part thereof, to the plaintiff's damage of fifteen hundred dollars, and thereupon he brings his suit," &c. ANDREW S. GARR, Attorney for Plaintiff. To this declaration tlie defendants filed the foUoiring Demurrer. And the said Henry Southmayd, who is impleaded with Thomas Dwight, by Samuel Cassedy, his attorney, comes and defends the wrong and injury when, &c., and says, that the said first and second counts of the said declaration, and the matters therein contained, in manner and form as the same are above stated and set forth, are not sufficient in law for the said plaintiff to have or maintain his aforesaid action thereof, against the said defendants, and that he, the said Henry Southmayd, is not bound by law to answer the same, and this he is ready to verify ; wherefore, by reason of the insuffi- ciency of the said first and second counts of the said declaration in this behalf, the said Henry Southmayd prays judgment, and that the said plaintiff may be barred from having or maintaining his aforesaid action thereof, against the Said defendants, &c. And the said Henry Southmayd, according to the form of the statute in such case made and provided, states and shows to the court here, the following causes of demurrer to the said first and second counts of the said declaration, that is to say, that in the said first and second rfOO DECLARATIONS. J counts the supposed causes of action of the plaintiff are not set forth fully and at large, but in abbreviated or abridged form, different front the usual, approved, and established precedemts in like cases, and also, that the said first and second counts of the said declaration are in other respects uncertain, informal, and insufficient, &c. And the said Henry Southmayd further says, that the said third count of the said declaration, and the matters therein contained, in mannter and form as the same are above stated and set forth, are not sufiicient in law for the said plaintiff to have or maintain hia aforesaid action thereof, against the said defendants ; and that he, the said Henry Southmayd, is not bound by law to answer the same, and this he is ready to verify ; wherefore, by reason of the insufficiency of the said third count of the said declaration in this behalf, the said Henry Southmayd prays judgment, and that the said plaintiff may be barred from having or maintaining his afore- said action thereof against the said defendants, &c. And the said Henry Southrnayd, according to the form of the statute in such case made and provided, states and shows to the Court here the fol- lowing causes of demurrer in law, to the said third count of the said declaration, that is to say, that in the said third count the supposed causes of action of the plaintiff are not set forth fully and at large, but in an abbreviated or abridged form^ different from the usual, ap- proved, and established precedents in like cases ; and also, for that there 'are in the said third count of the said declaration seven pre- tended causes of action, separate and distinct from each other, com- prehended and included in the same count ; and also, for that the said third count of the said declaration is multifarious, and is, in other respects, uncertain, informal, and insufficient, &c. And the said Henry Southmayd further states and shows to the court the following cause of demurrer in law, to the whole of the said decla- ration, that is to say, that there are no pledges of prosecution named or mentioned therein, and that the same iS, in other respects, un- certain, informal, and insufficient, &c. " SAMUEL CASSEDY, Attorney for Defendant. To this the plaintiff filed a joinder in demurrer, and the validity and Bufficiency of the form was fully sustained, as already stated in remarks, page 296. Declaration in Asmmpsit, ly an Endorsee against a Maker of a Promissory Note. In the Court of Common Pleas of County. No. of Term, A. D. 18—. } County, ss. A. B., the plaintiff in this suit, hy H. Q^., his attorney, [or "iw his own proper perso'n,"'\ complains of C. D., the defendant in this suit, who has been summoned to answer the plaintiff in a plea of DECLARATIONS. 301 trespass on tlie case upon promises: For that whereas, the de- fendant, on the day of , A. D. one thousand eight hundred and , [date of the note,] at in the county aforesaid, made his promissory note in writing, and then and there delivered the same to E. F., and thereby promised to pay to the said E. F., or order, dollars days [or as the case may be] after the date thereof, which period had elapsed before the commencement of this suit ; and the said E. F. then and there en- dorsed the same to the plaintiff, whereof the defendant then and there had notice, and then and there, in consideration of the pre- mises, promised to pay the amount of the said note to the plain-, tiff, according to the tenor and effect thereof. + And whereas the defendant afterwards, on the day and year aforesaid, in considerar tion of the premises, then and there promised the plaintiff to pay him the said moneys on request ; yet the said defendant hath dis- regarded his promise, and hath not paid the same or any part thereof, to the damage of the plaintiff of [insert a sum sufficient to cover the plaintiff's deman^,] '— dollars, and thereupon he brings this suit, &c. H. Gr., Attorney for Plaintiff. Declaration in Assumpsit, by an Hxecutor or Administrator of Payee, against the Maker of a Promissory Note. In the Court of Common Pleas of County. No. , of Term, A. D. 18—. } County, ss. A. B., the plaintiff in this suit, Executor of the last will and testa- ment of one Gr. S., deceased, [or, " Administrator of all and singu- lar the goods and chattels, rights and credits, which were of one Gr. S., deceased, at the time of his death, who died intestate,"^ iy E. F., his attorney, [or "in his own proper person,"'^ complains of C. D., in a plea of tre^ass on the case upon promises : For that whereas the defendant, on the day of , A. D. one thousand eight hundred and — — —, at , in the county aforesaid, made his promissory note in writing, and delivered the same to the said Gr. H., in his lifetime, and thereby promised to pay TO the said G. H. dollars days [or " months" ^e.l after the date thereof, which period has now elapsed, and the said defendant then and there, in consideration of the premises, promised to pay the amount of the said note to the said G. H., according to the tenor and effect thereof; and whereas also, the de- fendant, in the lifetime of the said G. H., to wit, on the day of , A. D. one thousand eight hundred and , at -^ , in the coimty aforesaid, was indebted to the said G. H. in dollars, for the price and value of goods and chattels sold and delivered by the said G. H. to the said defendant at his request: 302 DECLAEATIONS. And in dollars for the price and value of work then and there done, and materials for the same provided by the said G. H. for the defendant at his request : And in dollars, for money then and there lent by the said G. H. to the defendant at his request : And in dollars, for money then and there paid by the said G. H. for the use of the defendant at his request : And in dollars, for money then and there received by the defendant for the use of the said G. H. : And in dollars, for money found to be due from the defendant to the said G. H., on an account then and there stated between them. And the defendant afterward, in the lifetime of the said G. H., to wit, on the day of , A. D. one thousand eight hundred and , at , in consideration of the premises respectively, promised to pay the said last-mentioned moneys respec- tively to the said G. H. oh request ; 'yet he hath disregarded his promises, and hath not paid any of the said moneys, or any part thereof, to the said G. H. in his lifetime, or since lus death to the said plaintiff, Executor [or " Administrator"'] as aforesaid ; to the damage of the plaintiff. Executor [or "Administrator"'] as afore- said, r-. dollars, [insert a sum sufficient to cover the plaintiff's demand,] and therefore he brings this suit, &c. And the plaintiff brings into court here his letters testamentary, [or " of administra- tion,"'] which give sufficient evidence to the court that he is Executor [or "Administrator"] of the said G. H., deceased. E. F., Attorney for Plaintiff. Declaration in Assumpsit, hy an Executor or Administrator, against an Executor or Administrator, for Board and Lodging of Decedent. In the Court of Common Pleas of County, No. , of Term, A. D. 18—. } County, ss. A. B., the plaintiff in this suit. Executor of the last will and testament of one Q-. H., deceased, [or "Administrator of all and singular the goods and chattels, rights and credits which were of one Gr. S-, deceased, at the time of his death, who died intestate,"] by C. and J., his attorneys, complains of C. D., the defendant in this suit. Executor of the last will and testament of one L. M., de- ceased, [or " Administrator of all and singular the goods and chat- tels, rights and credits whic^ were of one L. M., deceased, at the time of his death, who died intestate,"] who was summoned to answer the plaintiff in a plea of trespass on the case upon promises. For that whereas the said L. M.J in his lifetime and in the lifetime of the said G. H., deceased, to wit, on the day of — j A. D. one thousand eight hundred and , at , in the DECIiAKATIONS. 303 county aforesaid, was indebted to the said G. H. in dollars, for the i^se and' occupation of certain rooms, apartnjents, and furni- ture of the said G. H., before that time used and enjoyed by the said L. M. at his request, and by the permission of the said G. H. ; and for meat, drink, fire, candles, attendance, goods, chattels, and other necessaries, by the said G. H. found and provided for the said L. M. at his request. And -ffhereas also the said L. M., in his lifetime and in the life- time of the said G. H., deceased, to wit, on the day of , A. D. one thousand eight hundred and , at , in the county aforesaid, was indebted to the said G. H. in dollars, for the price .and value of goods then sold and delivered [but if there was no delivery of the goodsj say, " bargained and sold"'] by the said G. H. to the said L. M. at his request : And in dollars, fcJr the price and value of work then and there done, and materials for the same provided, by the said G. H. for the said L. M. at his request : And in dollars, for money then and there lent by the said G. H. to the said L. M. at his request : And in dollars, for money then and there paid by the said G. H. for the use of the said L. M. at his request : And in dollars, for money then and there received by the said L. M. for the use of the said G. H : And in dollars, for money found to be due from the said L. M. to the said G. H., on an account then and there stated be- tween them. And whereas the said L. M. afterwards, in his lifetime and in the lifetime of the said G. H., to wit, on the day and year afore- said, in consideration of the premises respectively, then promised the said G. H. to pay him the said several sums of money respec- tively on request; yet the said L. M., in his lifetime, and the defendant, as Hxecutor [or "Administrator"'] as aforesaid, since the death of the said L. M., respectively have disregarded the said promises of the said L. M., and have not, nor hath either of them, paid any of the said moneys, or any part thereof; to the damage of the plaintiff as such Mxecutor [or "Administrator"] as afore- said, of [here insert a sum sufficient to cover the plaintiff's demand] dollars, and therefore he brings this suit, &c. And the plaintiff brings into Court here the letters testamentary of the said G-. H., deceased, whereby it fully appears to the Court here that the plaintiff is Executor of the last will and testament of the said Cr. H., deceased, and hath execution thereof. [Or, "And the plaintiff brings here into Court the letters of administration of the Register in and for the County of , which give sufficient evidence to the Court here of the grant of administration to the plaintiff as aforesaid, and the date whereof is the day of , A D. • — ."] C. k J., Attorneys for Plaintiff, 304 DECLARATIONS. Declaration in Assumpsit, hy a Surviving JSxecutor or Adminis' trator, against a Surviving Executor or Administrator, for Croods sold and delivered. } In the Court of Common Pleas of County, No. , of Term, A. D. 18—. County, ss. A. B., the plaintiff in this suit, surviving Executor of the last will and testament of one Q-. H., deceased, [or " surviving Admi- nistrator of all and singular the goods and chattels, rights and credits which were of one Gr. S., deceased, at the time of his death, who died intestate,"^ by E. F., Ms attorney, [or " in his own pro- ber person,"'^ complains of C. D., the defendant in this suit, Surviving Executor of the last will and testament of one L. M., deceased, [or " surviving Administrator of all and singular the goods and chattels, rights and credits which were of one L. M., deceased, at the tivne of his death, who died intestate,"!^ and who has been summoned to answer the plaintiff in a plea of trespass on the case upon promises. For that whereas the said L. M., in his lifetime and in the lifetime of the said G. H., deceased, to wit, on the day of , [some day after the cause of action ac- crued, and befbre the death of the testator or intestate,] A. D. one thousand eight hundred and , at , in the county aforesaid, was indebted to the said G. H. in ' — dollars, for the' price and Talue of goods then and there sold and delivered [or " bargained and «o?d"] by the said G. H. to the said L. M. at his request : And in dollars, for the price and value of work then and there done, and materials for the same provided, by the said G. H. for the said L. M. at his request : And in dollars, for money then and there lent by the said G. H. to the said L. M. at his request : And in dollars, for money theU and there paid by the said G. H. for the use of the said L. M. at his request : And in dollars, for money then and there received by the said L. M. for the use of the said G. H. And in dollars, for money found to be due from the said L. M. to the said G. H., on an accoiint then and there stated be- tween them. And whereas the said L. M., since deceased, afterwards, on the dsty and year aforesaid, in consideration of the premises respec- tively, then promised the said G. H., in his lifetime, to pay him the said several moneys respectively on request ; yet the said L. M., in his lifetime, and the defendant and one 0. P., in his lifetime, now deceased, and whom the defendant hath survived, {which said de- fendant and 0. P., in the lifetime of the said 0. P., were Execu tors of the last will and testament of the said L, M., deseased,) [or DECLARATIONS. 305 " wJiioh sfiid defendant and 0. P., in the lifetime of the said 0, P., were Administrators of all and singular the goods and chattels, rights and credits which were of the said L. M., deceased, at the time of his death, who died intestate as aforesaid,"'] after the death of the said L. M., and the defendant, surviving Executor [or '^^Administrator"] as aforesaid, since the death of the said 0. P., have disregarded the said promises of the said L. M., and have not, nor hath any or either of them, paid the said several moneys re- spectively, or any part thereof; to the damage of the said plaintiff, as such surviving Executor [or ''Administrator"] as aforesaid, of dollars, and thereupon he brings this suit, &c. And the plaintiff brings here into Court the letters testamentary of the said Cr. H., deceased, whereby it fully apmars to the said Court that the plaintiff and one X.. Y., in the lifetime of the saidX. Y., were Executors of the last will ani^ testament of the said 6r. M., deceased; with this, that the plaintiff will verify that the said X. Y. is de- ceased, and that he, the plaintiff, hath hereby become and is the surviving Executor of me last will and testament of the said G-. M., deceased, and hath the execution thereof, ^c. [Or, " And the plaintiff brings into Court here the letters of administration of the Register of the County of , which give sufficient evidence to the Court here of the grant of administration to the plaintiff and the said X. Y,, deceased, as aforesaid, the date whereof is a day and year therein mentioned, to wit, the day of '■ — , A. D. one thousand eight hundred and ; with this, that the plaintiff will verify that the said X. Y. is deceased, and that the plaintiff hath thereby become and is a surviving Administrator as aforesaid."] E. F., Attorney for Plaintiff. Declaration in Covenant, on an Indenture of Lease, for not Repairing. the Court of Common Pleas of County, No. , of Term, A. D. 18—. }' County, ss. A. B., the plaintiff in this suit, by E. F., his attorney, [or "in his own proper person,"] complains of C. D., the defendant in this suit, who has been summoned to answer the said plaintiff in an action of covenant. For that whereas heretofore, to wit, on the — day of , in the year of our Lord one thousand eight hundred and , at , in the county aforesaid, by a cer- tain indenture then and there made between the plaintiff, of the one part, and the said defendant, of the other part, (one part of which said indenture, sealed with the seal of the said defendant, the said plaintiff now brings here into Oourt, the date whereof is the day and year aforesaid,) the said plaintiff, for the consideration 20 806 DECIAEATIONB, therein mentioned, did demise, lease, set, and to farm let nnto the said defendant a certain messuage or tenement, and other premises, in the said indenture particularly specified ; f to hold the same, with the appurtenances, to the said defendant, his executors, admi- Distrators, and assigns, from the day of , next ensu- ing the date of the said indenture, for and during and unto the full end and term of years from thence next ensuing, and fully to be completed and ended, at a certain rent payable by the said defendant to the said plaintiff, as in the said indenture is mentioned. And the said defendant, for himself, his executors, administrators, and assigns, did thereby covenant, promise, and agree, to and with the said plaintiff, his heirs and assigns, (amongst other things,) that he, the said defendant, his executors, administrators, and assigns, should and would, at all times during the continuance of the said demise, at his and their own costs and charges, support, uphold, maintain, and keep the said messuage or tenement and premises in good and tenantable repair, order, and condition, and the same messuage -or tenement and premises, and every part thereof, should and would leave in such good repair, order, and condition at the end or other sooner determination of the said term, as by the said indenture, reference being thereunto had, will, among other things, fully appear. By virtue of which said indenture, the said defendant afterwards, to wit, on the day of , in the year afore- said, entered into the said premises, with the appurtenances, and became and was possessed thereof, and so continued until the end of the said term. And although the said plaintiff hath always, from the time of making the said indenture, hitherto done, per- formed, and fulfilled all things in the said indenture contained, on his part to be performed and fulfilled, yet the said plaintiff saith, that the said defendant did not, during the continuance of the said demise, support, uphold, maintain, and keep the said messuage or tenement and premises in good and - tenantable repair, order, and condition, and leave the same in such repair, order, and condition, at the end of the said term ; but for a long time, to wit, for the last years of the said term, did permit all the windows of the said messuage or tenement to be, and the same during all that time were, in every part thereof, ruinous, in decay, and out of re- pair, for want of necessary reparation and amendment. And the said defendant left the same, being so ruinous, in decay, and out of repair as aforesaid, at the end of said term, contrary to the form and effect of the said covenant so made as aforesaid. And so the plaintiff saith, that the defendant (although often requested) hath not kept the said covenant so by him made as aforesaid, but hath broken the same, and to keep the same with the said plaintiff hath hitherto wholly refused, and still refuses ; to the damage of the said plaintiff of [here insert a sum sufiicient to cover all demands] dollars, and therefore he brings this suit, i&c. E. F., Attorney for Plaintiff. DECLARATIONS. 307 Declaration in Covenant, hy Lessor against Lessee, upon Articles of Agreement for Rent. } In the Court of Common Pleas of County No. , of Term, A. D. 18—. County, ss. A. B., the plaintiff in this suit, by U. F., Ms attorney, [or " in his own proper person,""] complains of C. D., the defendant in this suit, who has been summoned to answer the said plaintiff in an action of covenant. For that whereas heretofore, to wit, on the day of , in the year of our Lord one thousand eight hundred and , at , in the county afore'said, by certain articles of agreement then and there made and concluded by and between the said plaintiff and the said defendant, sealed with their respective seals, and now to the Court here shown, the said plaintiff did lease to the said defendant lot No. , in the Oity, [or '■^borough," or "township," as the case may be] of , in the County of aforesaid, [here give sufficient description of the premises,] the same being particularly mentioned and de- scribed in said articles of agreement, with the appurtenances thereto belonging, for the term of years, commencing _the day of then next ensuing the date of said articles of agree- ment. And the said defendant did thereby covenant and agree to and with the said plaintiff, to pay him the sum of dollars at the expiration of the said term, \pv as the case may be,] for the rent of the said premises : And the said plaintiff says, that the said de- fendant afterwards, to wit, on the day of , entered upon the said premises and was thereof possessed for the term afore- said : And the said plaintiff further says, that, though the said term has long since elapsed, yet the said defendant hath not . paid the sum of dollars, nor any part thereof, contrary to the true * intent and meaning of the said articles of agreement and of the said covenant of the said defendant. And so the said plaintiff saith, that the said defendant (although often requested) hath not kept his said covenant, so by him made as aforesaid, but hath broken the same ; and to keep the same with the said plaintiff hath hitherto wholly refused, and still refuses, to the damage of the said plaintiff of dollars, and therefore he brings this suit, &c. E. F., Attorney for Plaintiff. Declaration in Covenant, by a Lessor against a Lessee, upon an Indenture for Bent. [As in Declaration in Covenant, on an Indenture of Lease, for not Eepairing, (pp. 305-6,) to f ] To have and to hold the same from the day of , in, the year of our Lord one thou- 308 DECLi RATIONS. sand eight hundred and —, yielding and pf.jing therefor, yearly and every year, to the said plaintiff, his heirs and assigns, the sum of dollars, on the day of , in each and every year, [or as the case may be.] And the said defendant did thereby for himself, his executors, administrators, and assigns, cove- nant and agree to and ■with the said plaintiff, his heirs and assigns, that the said defendant, his executors, administrators, or assigns, would pay or cause to be paid to the said plaintiff, his heirs or assigns, the said yearly sum of dollars [or as the case may be] at the several days and times aforesaid. By virtue of which demise the said defendant afterwards, to wit, on the — ' ^ day of , in the year of our JJord one thousand eight hundred and , entered into the said premises and was thereof possessed for the term aforesaid. [If there should be a condition precedent, performance must be specially shown.] And the said plaintiff avers, that during the said term, to wit, on the day of , a large sum of money, to wit, the sum of dollars, of the rent aforesaid, for — ^ years of the said term aforesaid, then elapsed, was, and still is, in arrears and unpaid, contrary to the true intent and meaning of the said inden- ture and of the said covenant of the said defendant. ■ And so the plaintiff saith, that the said defendant (although often requested) hath not kept the said covenant so by him made as aforesaid, but hath broken the same ; and to keep the same with the said plaintiff hath hitherto wholly refused, and still refuses, to the damage of the said plaintiff of dollars, and therefore he brings this suit, &c. E. F., AUiyrmy for Plaintiff. Declaration in Covenant hy Gtrantee against Grcmtor, on Covenants of Seisin, Power to Convey, Warranty, ^c. } In the Court of Common Pleas of County, No — , of Term, A. D. 18—. ' County, ss. A. B., the plaintiff in this suit, by E, P., his attorney, [or " in his own proper person,""} complains of C. D., the defendant in this suit, who has been summoned to answer the said plaintiff in an action of covenant. For that whereas heretofore, to wit, on the day of , A. D. , at , in the county aforesaid, the said defendant, by his deed of that date, sealed with his seal, and duly executed and delivered, and now to the Court here shown, in consideration of dollars, bargained, sold, and con- veyed to the said plaintiff, his heirs and assigns,, a certain tract of land, situated, &o., [here describe it,} to have and to hold the same to the said plaintiff, his heirs and assigns, for ever : And the said DECLAEATIONS. 809 defendant did by the same deed covenant to and witlx the said plain- tiff, his heirs and assigns, that, at the time of the ensealing and de- livery of the said deed, he, the said defendant, was seized in fee simple of the aforesaid lands, and had good right and lawful author- ity to sell and convey the same in manner aforesaid, and that the said plaintiff, his heirs and assigns, from thenceforward, should, by force of that deed, lawfully possess and'quietly enjoy the said pre- mises, free of and from all encumbrances ; and also that the said defendant, his heirs, executors, and administrators, would warrant and for ever defend the said premises to the said plaintiff, his heirs and assigns, against all lawful claims whatsoever. And the said plaintiff avers, that the said defendant, at the time of the ensealing and delivery of the said deed, was not seized in fee simple of the aforesaid lands, nor h?^d he then and there good right and lawful authority to sell and convey the same in manner afore- said, nor could the said plaintiff, by force of the said deed, lawfully possess or quietly enjoy the same, free of and from all encumbrances, - nor hath the said defendant warranted and defended the same pre- mises to the said plaintiff against all lawful claims whatsoever, but, on the contrary thereof, the said plaintiff says, that at the time of the ensealing and delivery of the said deed, the paramount title and freehold in the said premises was in other persons than the said defendant, and that by virtue of such paramount title, the said plaintiff afterwards, to wit, on the day of , A. D. — , was evicted out of and from the said premises. And so the plaintiff saith that the said defendant (although often requested) hath not kept the said covenants so by him made as aforesaid, but hath broken the same ; and to keep the same with the said plaintiff hath hitherto wholly refused, and still refuses, to the damage of the ■jaid plaintiff of dollars, and therefore he brings this suit, &c. E. F., Attorney for Plaintiff. F Declaration m Oovenatd on G-round Rent Deed, {for Arrears of Bent.) In the District Court for the City and County of Philadelphia, of the Term of September, 1854. No. 364. County of Philadelphia, si. E. W., late of the county aforesaid, was summoned to answer W. W. of a plea of breach of covenant, and thereupon the said plaintiff, by E. H., his attorney, complains : For that whereas W. W., the said plaintiff, before and at the time of the making of the indenture hereinafter mentioned, to wit, on the eighth day of June, Anno Domini one thousand eight hundred and forty-eight, was lawfully seized ir. his demesne as of fee of a certain lot of 310 DECLARATIONS. piece of ground with the appurtenances hereinafter mentioned to have been conveyed to the said defendant, and being so seized thereof, he, the said W. W., and D. F. his wife, on the day and year last aforesaid, at the county aforesaid, by a certain indenture then and there made between the said W. W. and D. F. his wife,' of the one part, and the, said defendant of the other part (one part of which said indenture, sealed with the seal of the said de- fendant, the said plaintiff now brings here into Court, the date whereof is a certain day and year therein mentioned, to wit, the day and year aforesaid), did grant, bargain, sell, alien, enfeoff, release, and confirm unto the said defendant, his heirs and assigns, the aforesaid certain lot or piece of ground, hereditaments, and — premises, with the appurtenances particularly mentioned and described in the said indenture, situate in the district of South- wark in the county aforesaid : to have and to hold the said lot or piece of ground, hereditaments, and premises, with the appurtenances, situate as aforesaid, unto the said defendant, his heirs and assigns for ever — yielding and paying therefor and there- out unto the said W. W., his heirs and assigns, the yearly rent or sum of twenty-two dollars, lawful silver money of the United States of America, each dollar weighing seventeen pennyweights and six grains at least, in equal half-yearly payments on the first day of the months of January and July, in every year thereafter, for ever, without any deduction, defalcation, or abatement for any taxes, charges, or assessments whatsoever; the first half-yearly payment to be made on the fifst day of July, one thousand eight hundred and fOrty-nine. And the said defendant did thereby, for himself, his heirs, executors, administrators, and assigns, covenant, promise, and agree, to and with the said plaintiff, his heirs and assigns, tha,t the said defendant, his heirs and assigns, should and would well and truly pay, or cause to be paid, to the said plaintiff, his heirs and assigns, the aforesaid yearly rent or sum on the days and times and in the way and manner thereinbefore mentioned and appointed for the payment thereof, by virtue of which said indenture the said defendant afterwards, to wit, on the day and year aforesaid, at the county aforesaid, entered into and upon the said lot or piece of ground with the appurtenances aforesaid. And although the said plaintiff has always from the time of making the said indenture hitherto, well and truly performed, fulfilled, and kept all things in the said indenture contained on his part and behalf to be performed, fulfilled, and kept, according to the tenor and effect, true intent and meaning of the said indenture, to wit, at the county aforesaid: yet protesting that the said defendant hath not performed, fulfilled, or kept anything in the said indenture con- tained, on his part and behalf to be performed, fulfilled, and kept, according to the tenor and efiect, true intent and meaning thereof, the said plaintiff says that after making the said indenture, a large sum of money, to wit, the sum of one hundred and ten dollars, of DECLARATIONS. 311 tbe yearly rent of twenty-two dollars, reserved as aforesaid for five, years ending on a certain day, to wit, the first day of July, A. D. one thousand eight hundred and fifty-four, together with legal interest on the said sums remaining so unpaid from the time they respectively became due, became and was and still is in arrear and unpaid to the said plaintifi", contrary to the tenor and effect, true intent and meaning of the said indenture, and of the cove- nant of the said defendant by him in that behalf so made as afore- said, to wit, on the day and year first aforesaid, at the county aforesaid. And so the said plaintiff in fact doth say, that the said defendant, although often requested so to do, hath not kept the said covenant so by him made as aforesaid, but hath broken the same, and to keep the same with the said plaintiff hath hitherto wholly neglected and refused, and still doth neglect and refuse, to the damage of said plaintiff of five hundred dollars, and therefore he brings suit, &c. (Signed) E. H., Attorney for Plaintiff. }• Declaration in Covenant on G-round-Rent Deed [for arrears of rent) reciting Trusts and Proceedings in Partition. In the Court of Common Pleas in and for the City and County of Philadelphia, of September Term, 1856. No. 404. County of Philadelphia, ss. S. H., late of the county aforesaid, was summoned to answer H. P. of a plea of breach of covenant, and thereupon the said plaintiff, by E. H., her attorney, complains : For that, whereas B. S., before and at the time of the making of the indenture here- inafter mentioned, to wit, on the 23d day of April, A.D. 1796, was lawfully seized in his demesne as of fee of a certain lot or piece of ground, with the appurtenances hereinafter mentioned, to have been conveyed to the said defendant, and being so seized thereof he, the said B. S. and M. his wife, on the day and year aforesaid, at the county aforesaid, by a certain indenture then and there made between the said B. S. and M. his wife of the one part, and the said defendant of the other part (the counterpart of which said indenture, sealed with the seal of the said defendant, the said plaintiff now brings here into Court, the date whereof is a certain day and year therein mentioned, to wit, the day and year aforesaid),, did grant, bargain, sell, release, and confirm unto the said defendant, his heirs and assigns^ the aforesaid certain lot or piece of ground, particularly mentioned and described in the said indenture, and situate on the north side of Sassafras Street, between the Seventh and Eighth Streets, from the river Schuylkill in the city of Philadelphia, and at the distance of fifty feet westward from the west side of the Eighth Street aforesaid, containing in breadth, east and west, twenty feet, and in length, north and 312 DECLARATIONS. south, one hundred and twenty feet. Bounded on the west by other ground of the said B. S., intended to be granted to A. Y. ; on the north by a twenty feet wide street, called Say Street^ laid out by the said B. S. through his ground, and extending from the said Seventh Street to the said Eighth Street ; on the east by other ground of the said B. S., granted or intended to be granted to J. H., and on the south by Sassafras Street aforesaid. Toge- ther with the free use and privilege of Say Street aforesaid, in common with the said B. S., his heirs and assigns, and the tenants and occupiers of the other lots of ground bounding on the same street, and together with all and singular the improvements, rights, members, liberties, privileges, hereditamentH, and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the reversions, remainders, rents, issues, and profits thereof, to have and to hold the said lot or piece of grouad, hereditaments, and premises,- thereby granted with the appurtenances unto the said S. H.yhis heirs and assigns, to and for the only proper use and behoof of the said S. H., his heirs and assigns for ever. Yielding and paying therefor and thereout, unto thje said B. S., his heirs and assigns, the yearly rent or sum of twenty dollars lawful silver money of the United States of America, on the 23d day of April in each and every year thereafter for ever ; the first year's rent to be paid on the 23d day of April, A..D. 1797. And the said defend- ant did thereby for himself, his heirs and assigns, covenant, pro- mise, and agree to and with the said B. S., his heirs and assigns, that he, the said defendant, should and would well and truly pay, or cause to be paid, to the said B. S., his heirs and assigns, the aforesaid yearly rent or. sum on the days and times hereinbefore mentioned and appointed for payment thereof. By virtue of which said indenture the said defendant afterwards, to wit, on the day and year aforesaid, at the county aforesaid, entered into and upon the said lot or piece of ground with the appurtenances as aforesaid, and the said defendant being so seized in his demesne as of fee of the said lot or piece of ground as aforesaid ; atid the said B. S. being so seized as of fee of the said rent issuing there- out as aforesaid, he, the said B. S., afterwards departed this life, having first made his last will and testament, which was duly proved, and remains of record in the ofiice of the Register of Wills for the county aforesaid ; whereby, after sundry devises and be- quests, not including the premises aforesaid, he dfevised all the remainder of his estate, including the premises aforesaid, to his six children, their heirs and assigns, as tenants in common. And afterwards, to wit, on the 30th of December, A.D. 1823, C. M. S., one of the children of the above-named B. S., in contemplation of marriage with one W. W., made and execitted a deed with the consent of her then intended husband, whereby she did grant and convey all her estate, real, personal, and mixed, in possession or expectancy, to T. S. and B. S. in fee, in trust for the use and DECLAEATIONS. 313 benefit of her, the said C. M. S. ; and by the said last-mentioned deed it was provided that she, the said C. M., shall at any time, with the approbation of the trustees aforesaid, revoke, annul, and change the uses and trusts in the said deed, limited as she the said C. shall deem meet (and which said deed, sealed with the seal of the said 0. M. S.,the said plaintifi" now brings here into Court, the date whereof is a certain day anid year therein mentioned, to wit, the day and year last aforesaid). After the making of the above-mentioned deed, a partition of the estate which was of B. S. deceased, was duly had and made according to law in the Supreme Court for the Eastern District of Pennsylvania ; and the said yearly ground-rent issuing as aforesaid, was allotted and assigned, unto the said C. M. W. (formerly C. M. S.), her heirs and assigns for ever. And afterwards the said T. S. and B. S., trustees as aforesaid, having departed this life, J. P. W. was duly appointed by ithe Court of Common Pleas for the city and county of Philadelphia, to wit, October 29, A. D. 1836, trustee of the said C. M. W., in place and stead of the said T. S. and B. S., deceased. And afterwards W. W., husband of C. M. W. (late C. M. S.), having departed this life, the said C. M., in contemplation of mar- riage with one J. L. S., made and executed a deed with the con- sent of her then intended husband, whereby she did revoke the former deed of trust to T. S. and B. S., and whereby she did grant and convey all her estate, real, personal, and mixed, in possession or expectancy, to J. P. W. in fee, in trust for the benefit and use of her the said 0. M. W. And by the said last- mentioned deed it was provided that she, the said C, shall at any time, with the approbation of J. P. W., trustee, revoke, annul, and change the uses and trusts in the said deed limited as she, the said C. M., shall deem meet (and which said deed sealed with the seal of the said C. M. W., the said plaintiff now brings here into Court, the date whereof is a certain day and year therein men- tioned, to wit, July 30, A. D. 1840). After the execution of the deed of trust last mentioned, and in pursuance of the power of revocation therein contained, the said 0. M. S. (late W.j, by ^d with the Consent of J. P. W., trustee aforesaid, by deed duly exe- cuted, revoked and annulled the uses and trusts in said deed last before mentioned, contained, so far as they related to the said yearly ground-rent hereinbefore mentioned, and declared the fol- lowingijnew trusts in relation thereto, to wit, the yearly ground- rent aforesaid, that is to say, that the said J. P. W., trustee, his heirs and assigns, shall hold the said ground-rent or rent service in trust to sell and convey the same at private sale, and to pay over the proceeds to the said C. M. S., whose receipt shall be a sufiicient discharge therefor to the said trustee (and which said deed, sealed with the seal of the said C. M. S., the said plaintiff now brings here into Court, the date whereof is a certain day and year therein mentioned, to wit, the 22d of April, A. D. 1852). 314 DECLAEATIONS. And the aaid defendant being so seized in his demesne as of fee of the said lot or piece of ground as aforesaid, and the said J. P. W., being so seized as of fee of the said rent, issuing thereout as aforesaid, he, the said J. P. W., afterwards, to wit, on the 22d of April, A. D. 1852, at the county aforesaid, by a certain indenture then and there made between the said J. P. W. of the one part, by and with the assent and approbation, of the said C. M. S., shown by her signing and sealing the same, and the said H. P. of th« other part (and which said indenture, sealed with the seal of the said J. P. W., trustee, the said plaintiff now brings here into Court, the date whereof is the day and year last, aforesaid),,, for the con- sideration therein mentioned, granted, bargained, sold, aliened, enfeoffed, conveyed, and confirmed unto the said H. P., her heirs and assigns, the said yearly rent issuing as aforesaid, to have, to hold, receive, and take the same with the incidents, the remedies, and appurtenances thereof, unto the said H. P., her heirs and assigns, to and for the only proper use and behpof of the said H. P., her heirs and assigns for ever. By virtue of which said inden- ture the said H, P., the said plaintiff, afterwards, to wit, on the day and year last aforesaid, at the county aforesaid, became an.d was and from thence hitherto has been and still is seised as of fee of the said rent, with the appurtenances as aforesaid. And although the said plaintiff, and those under whom she claims, have always from the time of making the said first-mentioned indenture hitherto well and truly performed, fulfilled, and kept all things in the said first-mentioned indenture contained, on their part and behalf to be performed, fulfilled, and kept, according to the tenor and effect, true intent and meaning of the said first-mentioned indenture, to wit, at the county aforesaid, yet, protesting that the said de- fendant hath not performed, fulfilled, or kept anything in the said first-mentioned indenture contained on Jiis part and . behalf to be performed, fulfilled, and kept, according to the tenor and effect, true intent and meaning thereof, ithe said plaintiff' says that, on the 23d day of April, A. D. 1856, the sum of twenty dollars of the yearly rent aforesaid for one year thereof, became and xwaa an& still is in arrear and unpaid to the said plaintiff, together with legal interest on the same from the time when the said sum of twenty dollars became due, contrary to the tenor and effect, true intent and meaning of the said first-mentioned indenture, and of the covenant of the said defendant, by him in that behalf so madp as aforesaid, to wit, on the day and year first abovesaid, at the county aforesaid. And so the. said plaintiff in fact says, that the said defendant, although often requested so to do, hath not kept the said covenant so by him made as aforesaid, but hath broken the same; and to keep the same with the said plg^ntiff hath hitherto wholly neglected and refused,, and still doth neglect and refuse, to the damage of the said plaintiff ninety-nine dollars, and therefor she brings hep suit, &c. (Signed) E. H., Attorney for Plaintiff. M DECLARATIONS. 315 Declaration in Covenant on Q-round-Bent Deed [for arrears of rent), reeiting Assignment. 1 In the Court of Common Pleas for the City and y County of Philadelphia, of December Term, 1854. j No. 131. County of Philadelphia, ss. J. McC, late of the county aforesaid, was summoned to answer H. P. of a plea of breach of covenant, and thereupon the said plaintiff by E. H., her attorney, complains. For that whereas G. L. D. before and at the time of the making of the indenture hereinafter mentioned, to wit, on the thirty-first day of May, A. D. 1847, was lawfully seized in his demesne as of fee of a certain lot or piece of ground, with the appurtenances hereinafter mentioned, to have been conveyed to the said defendant, and being so seised thereof, he the said C. L. D. and C. R., his wife, on the day and year aforesaid, at the County aforesaid, by a certain indenture then and there made between the said C. L. D. and C. R., his wife, of the one part, and the said defendant of the other part (one part of which said indenture, sealed with the seal of the said defendant, the said plaintiff now brings here into Court, the date whereof is a certain day and year therein mentioned, to wit, the day and year aforesaid), did grant, bargain, sell, alien, enfeoff, release, and confirm unto the said defendant, his heirs and assigns, the aforesaid certain lot or piece of ground particularly mentioned and described in the said indenture, situate at the south-west cor- ner of Seventh and Reed Streets, (t^en) in the District of South- wark, in the county of Philadelphia (now in the city of Philadel- phia), containing in front or breadth on the said Seventh Street forty-three feet six inches, and extending of that width westward in depth on the south line thereof forty-four feet, and on the north line thereof thirty-seven feet. Bounded on the north by said Reed Street, on the east by said Seventh Street, and on the south by ground granted to John Williams on ground-rent. Together with all and singula? the ways, streets, alleys, passages, waters, watercourses, rights, liberties, privileges, hereditaments, and ap- purtenances whatsoever to the said premises belonging or in any- wise appertEtining, and the reversions and remainders thereof. To have and to hold the said lot or piece of ground, hereditaments, and premises thereby granted with the appurtenances unto the said J. McC, his heirs and assigns, to the only proper use and behoof of the said J. McC, his heirs and assigns for ever, yield- ing and paying therefor and thereout unto the said C L. D., his heirs and assigns, the yearly rent or sum of seventy-eight dollars and fifty-six cents, lawful silver money of the United States of America, each dollar weighing seventeen pennyweights and six grains at least, in equal half-yearly payments, on the first day of the months of January and July in every year thereafter for ever, without deduction, defalcation, or abatement, for any taxes, charges, or assessments whatsoever, to be assessed as well on the said granted 316 DECLARATIONS. lot as on the said yearly rent thereout reserved, the first half-yearly payment thereof to be made on the first day of January, one thou- sand eight hundred and forty-eight. And the said defendant did thereby for himself, his heirs, executors, administrators, and assigns, covenant, promise, and agree to and with the said 0. L. D., his heirs and assigns, that he the said defendant should and would well and truly pay and cause to be paid to the said C. L. D., his heirs and assigns, the aforesaid yearly rent or sum on the days and times and in the way and matiner thereinbefore mentioned and appointed for payment thereof. By virtue of which said indenture the said defendant afterwards, to wit, on the day and year afore- said, at the county aforesaid, entered into and upon the said lot or piece of ground with t,he appurtenances as aforesaid. And the said defendant being so seized in his demesne as of fee of the said lot or piece of ground as aforesaid, and the said C. L. D. being so seized as of fee of the said rent issuing thereout as aforesaid, the said C. L. D. and C. R. his wife, afterwards, to wit, on the tenth day of November, A. D. 1851, at the county aforesaid, by a certain indenture then and there made between the said 0. L. D. and 0. R. his wife, of the one part, and the said H. P. of the other part (and which said indenture, sealed with the seals of the said C. L. D. and C. R. his wife, the said plaintifi" now brings here into Court, the date whereof is the day and year last aforesaid), for the consideration therein mentioned, granted, bargained, sold, assigned, transferred,, conveyed, and confirmed unto the said H. P., her heirs and assigns (inter alia), the said yearly rent issuing afore- said. To have, to hold, receive, and take the same, with the inci- dents, remedies, and appurtenances thereof unto the, said H. P., her heirs and assigns, to and for the only proper use and behoof of the said H. P., her heirs and assigns for ever. By virtue of which said (indenture the said S. P.^ the said plaintiff, afterwards, to wit, on the day and year last afpresaid, at the county aforesaid, became and was and from thence hitherto has been and still is seized as of fee of the said rent, with the appurtenances as afore- said. And although the said plaintiff, and those under whom she claims, have always, from the time of making the said first-men- tioned indenture hitherto well and truly, performed, fulfilled, and kept all things in the said first-mentioned indenture contained on her and their part and behalf to be performed, fulfilled, and kept according to the tenor a,nd eflfeptj true intent and meaning of the said first-mentioned indenture, to wit, at the county afore- said, yet protesting that the said defendant hath not performed, fulfilled, or kept anything in the said first-mentioned indenture contained on hi^ part and behalf to be performed, fulfilled, and kept according to the tenor and effect, true intent asd meaning thereof, the said plaintiff says that after the making of the said first-mentioned indenture a large sum of money, to wit, the sum of thirty-nine dollars and twenty-eight cents of the yearly rent DECLARATIONS. 317 of seventy-eight dollars and fifty-six. cents, reserved as aforesaid, for six months, ending on a certain day, to wit, on the first day of July, A. D. 1864, together with legal interest on the said sum remaining so unpaid, became, and was, and still is in arrear and unpaid to the said plaintiflF, contrary to the tenor and effect, true intent and meaning of the said indenture, and of the covenant of the said defendant by him in that behalf so made as aforesaid, to wit, on the day and year first aforesaid, at the county aforesaid. And so the plaintiff in fact saith that the said defendant, although often requested so to do, hath not kept the said covenant-so by him made as aforesaid, but hath broken the same, and to keep the same with the said plaintiff hath hitherto wholly neglected and refused, and still doth neglect and refuse, to the damage of the said plaintiff ninety doUairs, and therefore she brings her suit, &c. E. H. Attorney for plaintiff. Declaration in an Action of Debt against one of the Sureties in a Bond given iy an Assignee for the benefit of Creditors. In the District Court for the City and County of Philadelphia. December Term, 1856. No. — . } County of Philadelphia, ss. A. P., late of the county aforesaid, was summoned to answer the Commonwealth of Pennsylvania, to the use of B. H. Y.,,of a plea that he render unto the plaintiff the sum of thirty-four thousand two hundred and mnety-two dollars which he owes to and unjustly detains from the said plaintiff. Whereupon the said plaintiff, by E. H., his attorney, complains for that, whereas the said A. P., together with one J. R. H., and one B. B., and one J. M. H., on the sixteenth day of May, in the year one thousand eight hundred and forty-two, at the County aforesaid, by their writing obligatory »nth their seals sealed and filed in the office of the Prothonotary «f the Court of Common Pleas for the City and County of Phila- delphia, and by him entered of record according to law (and which said writing obligatory having been spoliated from and taken out of the Book of Assignees' Bonds in the office of the said Prothonotary of the said Court of Common Pleas, and destroyed or concealed so that the same cannot be found, the said plaintiff cannot produce the same to the Court here), the date of which said writing obligatory is the day and year aforesaid, acknowledged themselves to be jointly and severally held and firmly bound unto the said Commonwealth of Pennsylvania in the sum of thirty-four thousand two hundred and ninety-two dollars lawful money of the United States, to be paid to the said Commonwealth, its certain attorney or attorneys, which said bond or writing obligatory was and is subject to a condition there underwritten, whereby, after reciting to the effect following, to wit : J. P. H. and S. did on the twenty-sixth day of March, in the year eighteen hundred and 318 DECLARATIONS. forty-two, make and execute .a certain deed of assignment to the said J. K. H. in trust for the uses and purposes therein contained, and that the said J. R. H. having, pursuant to an Act of the General Assembly of this Common-wealth, passed the fourteenth day of June, one thousand eight hundred and, thirty-six, filed an inventory or schedule of all the property, real, personal, and mixed, of the said J. P. H. and S., together with the valuation thereof, on the oaths of W. K. and S. C. C, two disinterested persons who had certified the same in writing, on the twenty-sixth day of April, in the year one thoizsand eight hundred and forty- two, before the Prothpnotary of the Court of Common Pleas for the City and County of Philadelphia, which said inventory or schedule amounted to seventeen thousand one hundred and forty- five dollars, sixty-one cents. Therefore the condition of the said obligation was such that if the said J. R. H., assignee of J. P. H. and S., shall in. all things comply with the provisions of the Acts of Assembly in such case made and provided, and should faith- fully execute the trust confided to him, then the said obligation should be void, otherwise it should remain in full force and virtue. Nevertheless, the said plaintiff says that after the making of the said writing obligatory, and after the filing thereof in the office of the Prothonotary of the said Court of Common Pleas, agreeably to the Acts of Assembly in such case made and provided, the said J. R. H. did not j and in such oases execution shall_be first had against the property of the wife DEEDS. 339 When a deed has been acknowledged before a magistrate appointed by law to take and certify the acknowledgment, in prder that the deed may be recorded, the parties have no right to make the most trifling alteration. Moore v. Briokhum et al., 4 Binn. 1. If a deed be altered after delivery, the alteration destroys the deed as to the party who altered it, but does not destroy the estate. If it contains covenants, the party altering it loses all remedy upon them, but the title is not divested. Withers v. Atkinson, 1 Watts, 236. An interlineation, if made after the execution of the deed, will avoid it, though in an immaterial point ; nor is it presumed to have been made before ; the pre- sumption is the contrary, unless otherwise proved. 1 Dal. 67 ; IP. C. 369. But since the above decision, the Supreme Court of Pennsylvania have held that the question whether interlineations or erasures in a deed were made b»fore or after the execution thereof, is a matter of fact for the jury ; that it is error in the Court to reject a deed on the ground that it contains interlineations and erasures ; and that where the alteration in a deed is against the interest of the grantee, the pre- sumption will be that it was made before or at the time of the execution. 16 S. & E. 44 ; 5 Barr, 279 ; 6 Ba^r, 368.' If there be interlineations or erasures in a deed, there should be a note made of it, which should be witnessed by the witnesses.* [For forms, see Attestation, pages 144, 145.] A Warranty Deed is so called, because in such deeds the grantor covenants or undertakes to insure and defend such lands and tenements from such persons and to the extent therein specified. The warranty may be general or special. It is general when it warrants against all persons, and special when it warrants only against the grantor, his heirs, and those claiming under him. The old rule was, in case the grantee having a warranty deed should be evicted, in case of eviction, by title paramount, that the warrantor should give him lands of eqaal value : in lieu of that, the consideration money and interest are now recoverea ; and cove- nants may be inserted in a deed to make the grantor liable to a still greater extent Deeds by Executors, Administrators, or Guardians, are made in an official capa- city, either by powers conferred by a will, or by an order of the Orphans' Court. There is usually no warranty inserted in such deeds, and it is of the utmost im- portance with reference to them, that every requisition of the law should be com- plied with by executors, administrators, or guardians, to insure a good title. In Pennsylvania, when a decedent's estate is sold by order of the Orphans' Court, all judgments and mortgages no longer continue a lien upon the real estate; but such lieu, in lieu of being continued on the real estate, is transferredto the proceeds of sale, which must be applied to the extinguishment of any such lien. A Quit-claim Deed is a release or acquittal of a person's interest, whatever that may be, from all claims which the releasor has against the land therein specified. By the laws of Connecticut, and some other states, it is the common practice for the owner of land to execute a quit-claim deed to a purchaser who has neither possession nor pretence of claim ; and the delivery of the deed amounts to a delivery of possession, which operates as a conveyance without warranty. In 1 Swift's Dig. 1 33, and 2 N. H. B. 402, the opinion is expressed that it is essential that land con- •veyed by a quit-claim deed should not, at the time of the conveyance, be in the possession of a stranger holding adversely to the title of the grantor. A Deed Poll or a Single Deed is much like a Quit-cla.m Deed, being made by one party only, (e. g. a Sheriff's Deed:) it was not indeiited, \mt polled or shaved quite even ; hence its name. Purchasers at a judicial sale should investigate the title of property so sold, since the title conveyed can only be to the extent of the interest of the party whose interest is thus sold, excepting in sales for unpaid taxes, which always bar an adverse title. Deeds in Trust are given to persons to hold in fee simple, or otherwise, for the use of some other person or persons. The person holding the title is called the Trustee. The estate so held is not subject to the judgment debts of the trustee, to the dower of his wife, or the courtesy of the husband of a female trustee. The one for whose use the trust is created is entitled to proceeds, profits, or use. The conveyance of property by a Ground-rent Deed may be for a term of years, for life, or in fee ; but, in Pennsylvania, these deeds are almost invariably in the latter form. There are two descriptions of Ground-rents, the irredeemable and the redeemable The irredeemable are thy^i wMch, by the terms of the instrument, 340 DEEDS. cannot be extinguished by the payment of the consideration money ; it being optional however with the grantor to allow of such extinguishment. The redeem- able are those which, by the terms of the instrument, may be extinguished by the payment of the consideration money, at the expiration of or within a certain spe- cified period of time. It has been customary in Pennsylvania, until a recent date, to insert in a redeemable ground-rent deed, a proviso that if said ground-rent should not be extinguished by the payment of the consideration money within the specified period, it should become irredeemable. Although very few ground-rents of a recent date originally irredeemable exist in Pennsylvania, there are yet many which have become irredeemable as above stated ; but by the Act of Assembly of 22d April, 1850, Pamph. L. 553, no ground-rent deed, made after that date, which shall contain a reservation that said ground-rent is to become perpetual upon the failure of the purchaser to comply with the conditions therjin contained, " shall be so Mnstrued as to make the said ground-rent a perpetual encumbrance upon the said real estate ; but it shall and may be lawfu. for the purchaser thereof, at any time after the said ground-rent shall have fallen due, to pay the full amount of the same, and such payment shall be a complete discharge of such real estate from the encumbrance aforesaid." The several parts of a common warranty deed arc designated as follows : — 1st. The premises, (in the first form given below, comprised in that portion ex- tending from the commencement to (1),) which contain the date; the names and descriptions of the parties ; the consideration ; the receipt of the same ; the grant ; the full description of the thing granted ; the exceptions, if any ; and the recitals, giving the chain of title, &c. 2d. The habendum, (in the form just referred to, comprised in -that portion ex- tending from (1) to (2),) which is a statement of what estate or Interest is granted by the deed. 3d. The warrau';/, (in the form referred to, extending from (2) to (3),) by which the grantor warrants the title to the grantee. Common Form of a Warranty Deed. This indenture, made the day of , in the year of our Lord one thousand eight hundred and , between John Jones, of the City of Pittsburgh, in the State of Pennsylvania, iron- monger, and Mary, his wife, of the one part, and William Burns, of Birmingham, in the County of Alleghany, and state aforesaid, of the other part ; Witnesseth, that the said John Jones and Mary, his wife, for and in consideration of the sum of dollars, to them in hand paid by the said William Burns, at and before the ensealing and delivery hereof, the receipt whereof they do hereby acknowledge, have granted, bargained, sold, aliened, released, and confirmed, and by these presents, do grant, bargain, sell, alien, re- lease, and confirm unto the said William Burns, and to his heirs and assigns, all that certain messuage or tenement and tract of land, situated in Fayette Township, in the County of Alleghany, and state aforesaid, bounded as follows, viz : — Beginning at a birch, thence by land of Samuel Stone, south one hundred perches to a beech, thence by land of Thomas Brown, east eighty perches to a post, thence by land of same, north one hundred perches, to a sugar-tree, thence by land of Charles Dean, west eighty perches to the place of beginning, containing fifty acres, neat measure, [or otherwise as the case may be.] It being the same premises [or f art of the same] which Richard Bice, and Mary, his wife, by indenture ^earing date the tenth day of June, A. D. one thousand eight hun- DEEDS. 841 dred and thirty-two, for the consideration therein mentioned, did grant and confirm to the said John Jones, (party hereto,) his heirs, and assigns for ever ; as in and by the said in part recited indenture, recorded in the oflSce for recording of deeds, at Pittsburgh, in and for the County of Alleghany, in Deed-book M., vol. 2, page 341, kc, relation being thereunto had, more fully and at large, appears. [Here may be inserted the whole chain of title.*] Together with all and singular the rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereunto belonging, or in any wise appertaining, [if there be any exceptions, here insert them,] and the reversions and remainders, rents, issues, and profits thereof; and also, all the estate, right, title, interest, property, claim, and demand whatsoever, of them, the said John Jones and Mary his wife, in law, or equity, or otherwise howsoever, of, in, to, or put of the same. ^'■^ To have and to hold the premises hereby granted, or mentioned, or intended so to be, with the appurtenances, [if there be any exceptions, insert them here, as before,] unto the said William Burns, his heirs and assigns, to the only proper use and behoof of the said William Bums, his heirs and assigns, for ewer.^^ [Here insert any covenants that may be desired.] And the said John Jones, for himself, his heirs, executors, and administra- tors, doth covenant, promise, and agree, to and with the said Wil- liam Burns, his heirs and assigns, by these presents, that he, the said John Jones, and his heirs, the said above-mentioned and de- scribed messuage or tenement, and tract or piece of land, heredita- ments and premises, hereby granted, or mentioned, or intended so to be, with the appurtenances, unto the said William Burns, his heirs and assigns, against him, the said John Jones, and his heirs, and against all and every other person and persons whomsoever, lawfully claiming or to claim the same or any part or parcel there- of, [by, from, or under them, or any of them,f ] shall and will warrant and for ever defend by these presents.^^^ In witness whereof, the said parties of the first part to these pre- sents have hereunto set their hands and seals, the day and year first above written. Signed, sealed, and delivered \ in presence of ' J jTgSa."'' JOHN JONES. MARY JONES, ^gp * Although a general expoeition of the chain of former titles is not essential to the validity of a deed, yet it is very desirable to have it for reference and upon record. •j- If the words contained within these brackets are inserted, the warranty is tpecial; if omitted, the warranty is general. [See remarks, p. 339.] 342 DEEDS. Warranty Deed, with Covenants. This indenture, made the day of , in the year of our Lord one thouland eight hundred and , between John Jones, of Concord, in the County of Erie and State of Pennsyl- vania, of the one part, and William Burns, of the same place, of the other part ; Witnesseth, that the said John Jones, for and in consideration of the sum of dollars, lawful money of the United States, to him in hand paid by the said William Burns, at and before the ensealing and delivery hereof, the receipt whereof he doth hereby acknowledge, hath granted, bargained, sold, aliened, released, and confirmed, and by these presents doth grant, bargain, sell, alien, release, and confirm, unto the said William Burns, and to his heirs and assigns, all that certain messuage or tenement and tract of land situate, &c., [here describe the premises and recite for- mer titles.] Together with all and singular the rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any wise appertaining, and the reversions and re- mainders, rents, issues, and profits thereof ; and also all the estate, right, title, interest, claim, and demand whatsoever of him, the said John Jones, in law or equity, or otherwise howsoever, of, in, to, or out of the same. To have and to hold the same, with the appurte- nances, unto the said William Burns, and to his heirs and assigns, in fee simple for ever. And he, the said John Jones, for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree to and with the said William Burns, his heirs and assigns, that he, the said John Jones, is now the owner of the said premises, and is seized of a good and indefeasible estate of inheritance therein, and that he hath foil right and power to sell and convey the same in fee simple absolute ; that the said premises are free and clear of all encumbrances ; that the said William Burns, his heirs and as- signs, may for ever hereafter have, hold, possess, and enjoy the same, without any suit, molestation, or interruption by any person whatso- ever lawfully claiming any right therein ; and that he, the said John Jones, and all persons hereafter claiming under him, will, at any time hereafter, at .the request and expense of the said William Burns, his heirs or assigns, make all such further assurances for the more effectual conveying of the said premises, with the appur- tenances, as may be reasonably required by him or them ; and that he, the said John Jones, and his heirs, will warrant and defend the said premises, with the appurtenances, unto the said William Burns, andhjs heirs and assigns, for ever. DEEDS. 343 In witness whereof, the said party of the first part hath hereunto Bet his hand and seal, the day and year first above written. Signed, sealed, and delivered 1 in presence of j James Stiles, , Peter Green. JOHN JONES. Another common Form of a Warranty Deed. This indenture, made the day of , in the year of our Lord one thousand eight hundred and , between A. JJ., of the Township of Springfield, in the County of Erie and Com- monwealth of Pennsylvania, Yeoman, of the first part, and C. I)., of the same township, county, and commonwealth aforesaid, Yeo- man, of the second part; Witnesseth, that the said party of the first part, for and in consideration of the sum of dollars, lawful money of the United States, to him in hand paid by the said party of the second part, at and .before the ensealing and delivery of these presents, the receipt and payment whereof he doth hereby acknowledge, hath granted, bargained, sold, released, and confirmed, and by these presents doth grant, bargain, sell, release, and confirm, unto the said party of the second part, and to his heirs and assigns, all that messuage, &c., [here describe the land and give the bound- ary ; after which the chain of title, if desired, may follow.] Toge- ther with all and singular the rights, liberties, privileges, here- ditaments, and appurtenances whatsoever thereto belonging, and the reversions and remainders, rents, issues, and profits thereof; and also all the estate and interest whatsoever of him, the said party of the first part, in law or equity, of, in, to, or out of the same. To have and to hold the premises hereby granted, or intended so to be, with the appurtenances, unto the saiji party of the second part, his heirs and assigns, to the use of the said party of the second part, his heirs and assigns, for ever. And the said party of the first part, for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and agree to and with the said party of the second part, his heirs and assigns, that he, the said party of the first part, and his heirs, the above-mentioned and described premises, with the appurtenances, unto the said party of the second part, against the said party of the first part, and his heirs, and against all and every other person or persons whomsoever lawfully claiming or to claim, [if a special warranty, here insert, " by, from, or under him, them, or any of them,"] shall and will warrant and for ever defend by these presents. 314 DEEDS. In witness Tvlieredf, the said party of the first part hath hereunto set his hand and seal, the day and year first above written. Signed, sealed, and delivered "I in the presence of j William Griffith, ^r''"^^ PowelHarpbr. .^mM^ A.B. Deed by Attorney. This indenture, made the ■ day of -, in the year of -, between Samuel our Lord one thousand eight hundred and ■ Lewis, of the City of Pittsburgh, and Mary his wife, of the first part, by James Langdon, their attorney in fact, specially constituted by power of attorney bearing date the day of — , A. D. 18 — , and recorded in the office for recording deeds in and for the County of , in Deed-book 0., page , as by reference thereunto being had, appears, and John Jones, of the Borough of Erie, in the County of Erie and State of Pennsylvania, of the second part ; Witnesseth, &c., [as in the form immediately preced- ing, and conclude as follows :] In witness whereof, the said party of the first part, by James Langdon, their attorney in fact, have hereunto set their hands and seals, the day and year first above written. Signed, sealed, and delivered \ in presence of J b. e.. tuttlb, John McCord. SAMUEL LEWIS. MAHY LEWIS. By their Attorney, JAMES LANGDON. Deed by Executors, by authority in a Will. This indenture, made the day of , in the year of -, between Abra- our Lord one thousand eight hundred and ■ ham Brown and Charles Davis, of , Executors of the last will and testament of Fdward Fraley, late of ^ — , of the one DEEDS. 345 part, and George Hughes, of , of the other part : Whereas the said Ed-vrard Fraley, by virtue of divers good conveyances and assurances in law, duly had and executed, became in his lifetime seized in his demesne, as of fee, (amongst other lands,) of and in a certain messuage or tenement and tract of land, situate in the Town- ship of , in the County of aforesaid, containing one hundred acres> be the same more or less ; and being so thereof seized, made his last will and testament in writing, bearing date the day of , A. D. one thousand eight hundred and , wherein and whereby, amongst other things, he ordered that the whole of his real estate should be sold by his Executors thereinafter named, of which said will he appointed Abraham Brown and Charles Davis Executors, as in and by the said recited will, since his decease duly proved, and remaining in the Register's office at , recourse being thereunto had, appears : Now this indenture witnesseth, that the said Abraham Brown and Charles Davis, Executors as aforesaid, for and in consideration of the sum of dollars, to them in hand paid by the said George Hughes, at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, re- leased, and confirmed, and by these presents, by force and virtue of the said last recited will, do grant, bargain, sell, alien, release, and confirm, unto the said George Hughes all that above-mentioned and described messuage, &c., bounded and described as follows: beginning, &c., [here describe the premises.] t Together with all and singijar the rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any wise ap- pertaining, and the reversions and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, pro- perty, claim, and demand whatsoever of the said Edward Fraley at and immediately before the time of his decease, in law or equity, or otherwise howsoever, of, in, to, or out of the same. To have and to hold the said messuage or tenement and tract of one hun- dred acres of land, hereditaments, and premises hereby granted or mentioned, or intended so to be, with the appurtenances, unto the said George Hughes, his heirs and assigns, to the only proper use and behoof of the said George Hughes, his heirs and assigns, for ever. [And the said Abraham Brown and Charles Davis, Executors aforesaid, for themselves, their heirs, executors, and administrators, do severally, and not jointly, nor the one for the other, or for the act or deed of the other, but each for his own acts only, covenant, promise, and agree to and with the said Gejrge Hughes, his heirs and assigns, by these presents, that they, the said Abraham Brown and Charles Davis, have not heretofore done or committed any act, matter, or thing whatsoever, whereby the premises hereby granted, or any part thereof, is, are, or shall 846 DEEDS. or may be impeached, charged, or encumbered in title, chajge, estate, or otherwise howsoever.] In witness whereof, &o. B®" The above covenant, enclosed in brackets, is generally inserted in deeds given by Executors, but is sometimes omitted. Deed hy Uxecutorg, under authority in a Will, with Special Warranty. To all persons to whom these presents shall come, we, A. B., 0. D., and E. F., of , Executors of the last will and testa- ment of Gr. H., late of , deceased, send greeting : Whereas the said G. H., to enable his Executors to make an equal division of his estate, according to his said will, did therein and thereby authorize them to make sale of and convey all his real estate, either at public or private sale, as to them should seem meet, and to make good and sufficient deeds of bargain and sale thereof to the pur- chasers, and their heirs and assigns, and in and by the said will did appoint u?, the said A. B., 0. D., and E. F., Executors there- of : Now know ye, that by virtue of the power and a,uthority afore- said, and in consideration of the sum of dollars, to us paid by K. L. and M. N., of —, the receipt wherof we do hereby acknowledge, we have granted, bargained, sold, and conveyed, and do hereby grant, bargain, sell, and convey, to the said K. L. and M. N., their heirs and assigns, for ever, a certain parcel of land situate, &c., [here describe the property.] Together with all and singular the rights, liberties, privileges, hereditaments, and ,appur- tenances whatsoever, thereunto belonging or in any wise appertain- ing, and the reversions and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, claim, and demand whatsoever of the said G. H., at and imme- diately before the time of his decease, in law or equity, or other- wise howsoever, of, in, to, or out of the same. To have and to hold the said granted premises to the said K. L. and M. N., their heirs and assigns, for ever, as tenants in common, and not as joint tenants. And we, the said A. B., C. D., and E. F., for ourselves, our heirs, executors, and administrators, covenant with the said K. L. and M. N., their heirs and assigns as aforesaid, that the said Gr. H. died seized of the granted premises ; that they are free from all encum- brances done or suffered by us, or either of us ; and that we will, and our heirs, executors, and administrators shall, warrant and defend the same to the said K. L. and M. N., their respective heirs and assigns, against the lawful claims and demands of all persons claim ing by, from, or under the said G. H, or us, or either of us. In witness, &c. , ' DEEDS. 347 Deed by an Executor, on Contract of the Testator, under Act of 3l8« March, 1792. This indenture, made the day of , in the year of our Lord one thousand eight hundred and , between E. S , of , surviving Executor of the last will and testament of W. A., late of the samt place, deceased, of the one part, and L. F., of , Yeoman, of the other part : Whereas the said W. A., by force and virtue of divers good conveyances and assurances in the law, duly had and executed, became in his lifetime lawfully seized in his demesne, as of fee, of and in a certain messuage, &c., situate, &fc., [here describe the premises,] with the appurtenances, and being so thereof seized, did, on or about the year , enter into a contract with a certain I. V. for the sale of a certain tract of land, (part of the premises aforesaid,) containing by computation about '■ — acres, be the same more or less, bounded, &c., [as in agree- ment,] for the sum of per hundred acres, part whereof, to wit, , were paid by the said I. V. to the said W. A. in his lifetime. And the said L. F. doth allege, that by divers mesne conveyances and assurances in the law, the right and interest of the said I. V. of and in the aforesaid tract of land is now vested in him, the said L. F., subject to the payment of the residue of the purchase- money aforesaid, with interest. And whereas the said W. A. did not comply with the said contract in his lifetime, nor was there any sufficient provision made by him for the performance thereof; and whereas, agreeably to the provisions and directions contained in the Act of General Assembly of this commonwealth, passed the thirty- first day of March, A. D. one thousand seven hundred and ninety- two, entitled " An Act to enable executors and administrators, by leave of court, to convey lands and tenements contracted for with their decedents, and for other purposes therein mentioned," the said L. F. did, on the day of , A. D. , cause and procure the said recited contract to be duly proved in the Court of Common Pleas of the said County of , which proof was ad- judged by the said Court to be sufficient, and J. B., Esq., Protho- notary of the same Court, on the same day and year did annex the sante to the said contract, and did certify the same under his hand and the seal of the said Court, and thereupon the same was, on the day of , A. D. , last past, recorded in the office for recording of deeds of the said County of , in Book , page , &c. ; and whereas the said B. S., as Execu- tor aforesaid, preferred his petition to the said Court, praying leave to make and execute a deed of conveyance to the said L. F. and his heirs for the said tract of land, (which by a survey thereof lately made has been found to contain acres, and is butted, bounded, and described as hereinafter mentioned,) with the appurtenances, according to the true intent and meaning of the said contract ; whereupon the said Court, on the day of , A. D. , last past, having considered the prayer of the said petition 348 SEEDS. and the evidence of the contract aforesaid, ordered and decreed that the said E. S., as Executor aforesaid, should make and execute a deed to the said L. F. and his heirs of the hereinafter described tract of land, agreeably to the terms of the said contract, as by the records of the said Court, relation being thereunto had, more fully and at large appears : Now this indenture -witnesseth, that the said E. S., for and in consideration of the sum of , (being the balance of the purchase-money, and interest thereon,) unto him in hand well and truly paid by the said L. F., at and before the en- sealing and delivery hereof, the receipt whereof is hereby acknow- ledged, hath granted, bargained, and sold, aliened, released, and confirmed, and by these presents, by virtue and in pursuance of the said decree, doth grant, bargain, and sell, alien, release, and con- firm, unto the said L. F., and to his heirs and assigns, all that the aforesaid tract or piece of land, bounded and described as follows, to wit, beginning, &c. Together, &c., [as in Deed by Executors, by authority in a Will, p. 345, from f.] Deed hy Administrators, for Lands sold by order of Orphans' Court, in Partition. This indenture, made the day of , in the year of our Lord one thousand eight hundred and , b^ween John Jones and William Burns, Administrators of all and singular the goods and chattels, rights and credits which were of William Dick- son, late of , Yeoman, deceased, of the one part, and John Smith, of , Gentleman, of the other part : Whereas the said William Dickson was, in. his lifetime, lawfully seized in his demesne, as of fee, of and in a certain plantation and tract of land, situated in , and bounded and described as follows, that is to say, beginning at, [here describe the land,] containing , with the appurtenances, and being so thereof seized as aforesaid, died intes- tate ; and whereas at an Orphans' Court, held at , in and for the County of aforesaid, the day of , A. D. , upon the petition of John Dickson, eldest son and heir-at-law [or as the case may be] of the said William Dickson, praying the Court to award an inquest to make partition of the said real estate of the said intestate, in the said petition mentioned, to and among his children and representatives, in such manner and in such proportions as by the laws of Pennsylvania is directed and appointed, if sucA partition could be made without prejudice to or spoiling the whole, otherwise to value and appraise thp same, the said inquest was awarded by the Court, according to the prayer of the said petitioner ; whereupon a writ of partition or valuation is- sued out of the said Court, bearing test the — • : day of , A. D. , to the Sheriff of the said county directed, command- ing him to summon an inquest to make partition of the said real estate to and among the children and representatives of the said DEED.'. 34[: intestate according to law, if such partition could be thereof made ■without prejudice to and spoiling the whole ; but if such partition could not be made thereof as aforesaid, then to value and appraise the same ; and that the partition or valuation so made he should distinctly and openly have before the Judges of the said Court, at , the day of , A. D. . At which day, before the Judges aforesaid, the Sheriff of the said county, to wit, C. M., Esq., made return of the said writ, with a schedule thereunto annexed, by which schedule or inquisition, under the hand and seal as well of the said Sheriff as of the inquest therein named, it appears, by the oaths and aflSrmations of the said inquest, that the real estate in the said writ mentioned could not be parted and divided to and among the parties therein named without preju- dice to or spoiling the whole thereof; and therefore the inquisition aforesaid, upon their oaths or aflBrmations aforesaid, had valued and appraised the same at the sum of dollars, which return and valuation were, on motion, confirmed by the Court. And whereas all the heirs and legal representatives of the said William Dickson having severally and respectively refused to take the said planta- tion and tract of land at the valuation aforesaid, the said Court did, upon the application of the said John Dickson, [or other party, as the case may be,] grant a rule upon all the heirs and legal repre- sentatives of the said intestate to show cause, at an Orphans' Court to be held at , in the County of , the day of next ensuing, why the said real estate should not be sold, according to the Act of General Assembly in such case made ami provided ; at which said time and place, legal notice of the afore- said rule being proved to have been duly given to all the heirs and legal representatives of the said intestate, and no cause being shown why the said real estate should not be sold as aforesaid, the said Court did then and there make an order commanding the said John Jones and William Burns, Administrators as aforesaid, to expose the aforesaid plantation and tract of land of the said intestate to public sale, on the premises, [or as the case may be,] upon the terms in the said order directed. In pursuance whereof, the said Administrators, having first given sufficient security, according to law, for the faithful execution of the power committed to them, did, in accordance with the directions of the said order, expose the pre- mises therein mentioned to sale by public vendue, and sold the same to the said John Smith, at and for the sum of dollars, he being the highest bidder, and that the highest and best price bid- den for the same, which sale, on return thereof made to the Judges of the same Court, was, on the day of last past, confirmed ; and it was considered and adjudged by the said Court that the said plantation and tract of land, with the appurtenances, so sold as aforesaid, should be transferred and vested in the said John Smith, as fully as the said William Dickson held the same at his decease, subject and liable to the payment of the purchase- 350 DEEDS. money, according to the terms prescribed m the said order, as by the records and proceedings of the same Court, remaining at ~ aforesaid, relation thereunto being had, will more fully and at large appear. Now this indenture witnesseth, that the said John Jones and William Burns, Administrators as aforesaid, for and in considera- tion of the said sum of dollars, to them in hand 'paid by the said John Smith, at and before the ensealing and delivery hereof, the receipt and payment whereof they do hereby acknowledge, have granted, bargained, sold, aliened, released, and confirmed, and by these presents (by virtue of the powers and authorities to them given by the aforesaid order of Orphans' Court, and pursuant to the directions thereof) do grant, bargain, sell, alien, release, and confirm unto the said John Smith, his heirs and assigns, all that the above-mentioned and described plantation and tract of land, with the appurtenances. Together with all and singular the rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any wise appertaining, and the rever- sions and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, claim, and demand whatsoever of the said William Dickson in his lifetime, at and im- mediately before the time of his decease, of, in, to, or out of the same. To have and to hold the said plantation and tract of land, here- ditaments, and premises, hereby granted, or mentioned, or intended so to be, with the appurtenances, unto the said John Smith, his heirs and assigns, to the only proper use, benefit, and behoof of the said John Smith, his heirs and assigns, for ever. [And the said John Jones and William Burns do severally, but not jointly, or the one for the other, or for the act or deed of the other, but each for his own act only, covenant, promise, and agree, to and with the said John Smith, his heirs and assigns, by these presents, that they, the said John Jones and William Burns have not, nor hath either of them done, committed, or wittingly, or willingly suffered to be done or committed any act, matter, or thing whatsoever, whereby the premises aforesaid, or any part thereof, is, are, or shall or may be impeached, charged, or encumbered in title, charge, or estate, or otherwise howsoever.] In testimony whereof, &c. The part contained in brackets to be retained or omitted, as may be desired. Deed hy an Administrator, of Land which his Intestate had hound himself to convey. To all persons to whom these presents shall come, I, A. B., of , Administrator of all and singular the goods and chattels, rights and credits, which were of C. D., late of , deceased, send greeting : Whereas, [here recite the agreement of the intestate to convey, and that the administrator had obtained permission, &c.] DEEDS. 351 Now know ye, that by virtue of the authority and license aforesaid, and in order to fulfil and perform all things in the, above-mentioned contract or agreement on the part of the said A. B, to be per- formed, in consideration of the sum of , to me paid by the said C. D., the receipt whereof is hereby acknowledged, and in consideration that the said 0. D. hath performed and fulfilled all things in the above-recited contract or agreement on his part to be performed and fulfilled, I, the said A. B., have granted, bargained, sold, conveyed, released, and confirmed, and do hereby grant, bar- gain, sell, convey, release, and confirm to the said C. D., his heirs and assigns, for ever, the said, [here describe the land,] with the appurtenances. To have and to hold the same to the said C. D., his heirs and assigns, to his and their use for ever. In witness whereof, &c. This deed will not pass the widow's right to dower, unless she join in the con- veyance. Deed by Administrators, hy order of Orphans' Court, for Land sold to satisfy Debts. This indenture, made the day of , in the year of our Lord one thousand eight hundred and ^, between John Jones and William Burns, Administrators of all and singular the goods and chattels, rights and credits which were of William Pick- son, late of , Yeoman, who died intestate, of the one part, and John Smith, of , of the other part : Whereas the said William Dickson, in his lifetime and at the time of his death, was seized in his demesne, as of fee, of and in a certain tract [or tracts, as the case may be] of land, situated in , containing acres : And whereas, letters of administration of all and singular the goods and chattels, rights and qredits which were of the said William Dickson at the time of his death, were afterwards, in due form of law, committed to the aforesaid John Jones and William Burns : And whereas, by the petition of the said John Jones and William Burns, to the Judges of the Orphans' Court, held in and for the County of , at , the day of , A. D. , setting forth that the personal estate of the said Wil- liam Dickson was not sufficient to pay his just debts, a schedule of which, together with an inventory of the said debts, and also a state- haent of all the real estate of said decedent, was thereto attached, and praying said Court to allow them to make sale of so much of the said lands as the said Court should judge necessary for the pur- pose aforesaid ; and thereupon it was considered and ordered by the said Court, that the lands hereafter described should be sold accord- ing to the prayer of the petitioners : And whereas, in pursuance of the said prder, and by force and virtue of the laws of the Common- wealth of Pennsylvania in such case mad^ and provided, afterwards. 352 DEEDS. to wit, on the day of , A. D. , at , the said John Jones and WUliam Burns did expose to sale at public vendue the hereinafter described land, with the appurtenances, aftei having duly advertised the same according to law, and then and there did sell the same to the said John Smith, for the sum of dollars, he being the highest bidder, and that the highest and best price bid for the same ; which sale, on report thereof made to the said Judges, was, on the day of , A. D. , confirmed by the said Court, and it was considered and adjudged by the said Court that the same should be and remain firm and stable for ever, as by the records and proceedings of the said Court, reference being thereunto had, will more fully and at large appear : Now this indenture witnesseth, that the said John Jones and Wil- liam Burns, for and in consideration of the said sum of dol- lars, to them in hand paid by the said John Smith, at and before the ensealing and delivery hereof, the receipt whereof they do hereby acknowledge, have granted, bargained, sold, released, and confirmed, and by these presents, in pursuance and by virtue of the said order of court, do grant, bargain, sell, release, and confirm unto the said John Smith, and to his heirs and assigns, all that the said mes- suage, &c., bounded and described as follows: Beginning, &c. [Here describe the premises.] Together with all and singular the rights, liberties, privileges, hereditaments, and appurtenances what- soever thereunto belonging, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof: And also all the estate, right, title, interest, property, claim, and demand whatsoever of the said William Dickson, at and immediately before the time of his decease, in law or equity, or otherwise howsoever, of, in, to, or out of the same. To have and to hold the said messuage or tenement and tract of acres of land, hereditaments, and premises hereby granted, or mentioned, or intended so to be, with the appurtenances, unto the said John Smith, his heirs and assigns, to the only proper use and behoof of the said John Smith, his heirs and assigns, for ever. [And the said John Jones and William Burns, Administrators afore- said, for themselves, their heirs, executors, and administrators, do severally and not jointly, nor the one for the other, or for the act or deed of the other, but each for his own acts only, covenant, promise, grant, and agree, to and with the said John Smith, his hfiirs and assigns, by these presents, that they, the said John Jones and William Burns, have not heretofore done or committed any act, matter, or thing whatsoever, whereby the premises hereby granted, or any part thereof, is, are, or shall or may be impeached, charged, or encumbered, in title, charge, estate, or otherwise howsoever.] In witness, whereof, &c. The coYeuant in brackets to be retained or left out, as may be desired. DBKDS. 85B Deed by order of Orphans' Court, when, the Administrator neglects or refuses to make a Deed. Jacob Broom, Esquire, Clerk of the Orphans' Court for the City and County of Philadelphia, in the Commonwealth of Pennsylvania, to all to whom these presents shall come, greeting : Whereas at an Orphans' Court for the City and County of Philadelphia, held on the seventeenth day of January, A. D. 1852, J. P. and H. P. his wife, A. R., and M. D. presented their petition to the said Court, setting forth that J. C, late of , deceased, [here recite the petition in full,] and the said inquest was awarded by the said Court, according to the prayer of the said petitioners ; whereupon a writ of partition or valuation issued out of the said Court, bearing date the said seventeenth day of January, A. D. 1862, to the She- riff of the said city and county directed, [here recite the writ in full,] and that partition or valuation, so made, he should distinctly and openly have before the Judges of the said Court, at Philadelphia, the twentieth day of March, A. D. 1852 ; at which day, before the said Judges, the Sheriff of the said city and county, to wit, William Deal, Esquire, made return to the said writ, with a schedule thereto annexed, [here recite the return of the Sheriff in full,] which return and valuation were, on motion, confirmed by the said Court : And whereas at the said Court, on the tenth day of April, A. D. 1852, the said parties to the said writ of partition came into the said Court, and declined takiiig the said premises above described at the valua- tion, and prayed the said Court to make an order that the said pre- mises may be sold, agreeably to the Act of Assembly in such cases made and provided ; whereupon the said Court, upon due proof and full consideration of the premises, did order and direct that the said premises be sold by pubhc vendue or outcry, and that due public and timely notice of the time and place of sale be given, according to law and agreeably to the rules of the said Court, the share of the widow of the purchase-money to remain in the hands of the pur- chaser, charged on the said estate, during the natural lifetime of the said widow, the interest thereof annually to be paid to her by the purchaser, his heirs and assigns ; in pursuance whereof, M. N., Administrator of the said J. C, deceased, did, on Wednesday, the nineteenth day of May, A. D. 1852, on the said premises, expose the said premises above particularly described, with the appurtenances, to sale by public vendue or outcry, and sold the same to G. B., of the County of Delaware, Farmer, for the price or sum of six thou- sand dollars, he being the highest and best bidder, and that the highest and best price bidden for the same : And whereas at an Orphans' Court for the said city and county, held on the twentieth day of June, A. D. 1852, the said M. N. did make return to the said Court that, pursuant to the order and direction of the said Court, after due public and timely notice of the time and place of sale, agreeably to the laws of this commonwealth and the order of the said Court, he had exposed the said premises to sal*, by public? 354 SEEDS. vendue or outcry, at the time and place before mentioned, and sold the same to the said G. B. for the price or sum of six thousand dollars, as before mentioned, and prayed the said Court to confirm the said sale, which said sale, on report thereof made to the said Court, was confirmed; and on the said twentieth day of June, A. D, 1852, it was ordered and «,(3[judged by the said Court, that one-half of the net proceeds of the purchase-money shall remain in the hands of the purchaser during the natural life of M. C, widow of the said J. C. deceased, charged on the premises in the said order of sale, and the! interest thereof shall be paid annually to her by the said purchaser, his heirs and assigns, holding the premises, to be reco- vered by distress or otherwise, as rents are recoverable in this com- monwealth ; and at her decease, her share of the said purchase- money shall be paid to the persons legally entitled thereto, accord- ing to the Act of Assembly ; and that M. N., Administrator of the said J. C, deceased, execute a deed to the said G. B., the "pur- chaser, for his .purchase, said Administrator complying in all re- spects with the said Act of Assembly ; and it was further adjudged by the said Court, that the said sale should be and remain firm and stable for ever, as by the records and; proceedings of the said Court will fully appear : And whereas at the said Court, on the third day of July, A. D. 1852, G. B. presented his petition to the said Court, setting forth that the Administrator has neglected and refused, and still neglects and refuses, to comply with the said order of Court, and to comply with the requisitions of the Act of AssBmbly for that purpose, of all of which the Administrator has had due notice, and therefore pra;ys that the saiid Court will order and direct the Olerfc of the said Court to execute and deliver to the said G. B., the pur- chaser, the necessary deed of conveyance, in compliance with the terms and conditions of sale,- paying into Cotirt the money payable, and complying with all orders of the Said Court thereon ; whereupon the said Court, on the same day, did order and direct the-said Clerk to make, execute, and deliver the necessary deed of conveyance, according to the prayer of the said petitioner, and according to the Act of Assembly in such case made and provided. Now know ye, that I, Jacob Broom, Esquire, Clerk of the said Court, for and in consideration of the sum of three thousand dollars, lawful money of ' the United States of America, to me in hand well and truly paid by the said G. B., at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, and by these presents, in pursuance of the said order of Court, and by force and virtue thereof, and the laws of this com- monwealth in such case made and proyided, do grant, bargain, and sell unto the said G. B., his heirs and assigns, all that certain farm and tract of land, situate, &c., [here describe the premises, and re- cite the chain of title.] Together with all and singular the rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any wise appertaining, and the rever- sions and remainders, rents, issues; and profits thereof; and also DEEDS. 855 all the eata4;e, ,righ,1;, title, interest, property, claim, and demand whatsoever of 'the said J. C. at and iiianiediately before the time of his decease, in law or equity, or otherwise howsoever, of, in, to, or out of the same. To have and to hold all and singular the afore- said certain farm and tract of land above particularly described, hereditaments, and premises hereby granted, or mentioned and in- tended so to be, with the appurtenances, unto the said G. B., his heirs and assigns, to and for the only proper use, benefit, and behoof of the said G. B., his heirs and assigns, for ever ; under and subject to the payment of the lawful interest on the sum of three thousand dol- lars, being the one-half part of the net proceeds of the sale of the said J. C, deceased, .under said proceedings, in annual payments on the first day of April in each and every year, to M. 0., widow of the said J. C, deceased, for and during the term of her natural lifetime ; and at and after her decease, to the payment of the said principal sum of three thousand dollars to the heirs-at-law of the said J. C, deceased, or other the persons legally entitled to the same, according to the force and effect of t^e laws and usages of this commonwealth in such cases made and provided. In witness whereof, I have hereunto set my hand and affixed my seal, the tenth day of July, A. D. 1852. Signed, sealed, and delivered \ in presence of / James Stiles, "^I^^ A. Atcheson. JACOB BROOM, 8®l Clerk. ^^?v City and County of Philadelphia, ««. At an Orphans' Court held at Philadelphia, for the City and County of Philadelphia, on the twentieth day of June, A. D. 1852, the sale of the above described premises was confirmed by the said Court ; and it was ordered and adjudged by the said Court, that the same should be and remain firm and stable unto G. B., the above-named grantee, his heirs and assigns, for ever. Certified under my hand and the seal of the said Court, this tenth day of July, A. D. 1852. JACOB BROOM, Glerk. City and County ,of 'Philadelphia, ss. Acknowledged in open Orphans' Court for the City and County of Philadelphia, the tenth day of July, A. D. 1852, and entered among the records thereof in Book J. B., No. 6, page 167, &c. Certified under my hand and the seal of the said Court. JACOB BROOM, Clerk. 356 DEEDS. Deed from an Executor, for Land sold at Auction under an Order of Orphans' Court, to pay Debts of Decedent. This indenture, made the day of , between M. H., Executor of the last will and testament of J. H., late of , Weaver, deceased, of the one part, and J. S., of , Yeoman, of the other part : Whereas the said J. H., in his lifetime and at the time of his death, was seized in his demesne, as of fee, of and in a cer- tain tract [or tracts, as the case may be] of land, situate in , containing about acres : And whereas, letters testamentary were in due form of law committed to the aforesaid M. H And whereas, by the petition of the said M. H. to the said Judges, aetting forth that the personal estate of J. H. was not sufficient to pay his just debts, a schedule of which, together with an inventory of said debts, and also a statement of all the real estate of the said J. H., was thereto attached, and praying said Court to allow him to make sale ,of so much of the said lands as the said Court should judge ne- cessary for the purposes aforesaid, and thereupon it was considered and ordered by the said Court that the lands hereinafter described should be sold according to the prayer of said petition : And whereas, in pursuance of the said order, and by force and virtue of the laws of the Commonwealth of Pennsylvania, in such case made and provided, afterwards, to wit, on the said day of A. D. , the said M. H. did, at , expose to at public vendue, or auction, the hereinafter described land, part of the above said acres, [or as the case may be,] after duly advertising the same according to law, and then and there did sell the same to the said J. S., for the sum of dollars, he being the highest bidder, and that the highest and best price bidden for the same ; which sale, on report thereof made to the said Judges, was on the day of , A. D. , confirmed by the said Court, and it was considered and adjudged by the said Court that the same should be and remain firm and stable for ever, as by the records and proceedings of the same Court, reference being thereunto had, more fully and at large appears : Now this indenture witnesseth, that the said M. H., for and in consideration of the said sum of — dollars, to him in hand paid by the said J. S., at and before the ensealing and delivery hereof, the receipt whereof he doth hereby acknowledge, and thereof acquit and for ever discharge the said J. S., his heirs, executors, and administrators, by these presents, hath grai)ited, bargained, sold, released, and confirmed, and by these presents doth grant, bargain, sell, release, and con- firm unto the said J. S., all that piece or parcel of land situate in , bounded and described as follows, that is to say, [here describe the real estate,] and containing . Together with all and singular the rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereunto belonging, or in any wise ap- pertaining, and the reversions and remainders, rents, issues, and profits thereof : and also all the estate, right,- title, interest, pro- DEEDS. 857 perty, claim, and demand whatsoever, of the said J. H., in his life- time, at and immediately before the time of his decease, or of him, the said M. H., in law or equity, or otherwise howsoever, of, in, to, or out of the same. To have and to hold the said piece or parcel of land, heredita- ments, and premises hereby granted, or mentioned or intended so to be, with the appurtenances, unto the said J. S., his heirs and as- signs, to the only proper use and behoof of the said J. S., hissheirs and assigns, for ever. [And the said M. H. doth covenant, pro- mise, and agree to and with the said J. S., his heirs and assigns, by these presents, that he, the said M. H., hath not committed, or wittingly or willingly suffered to be done or committed, any act, matter, or thing whatsoever, whereby the premises aforesaid, or any part thereof is, are, or shall or may be impeached, charged, or en- cumbered in title, charge, or estate, or otherwise howsoever.] In testimony whereof, &c. ^ If there should be two or more Executors, change the above covenant, in brackets, for the one contained in brackets at the conclusion of the Deed of Ad- ministrators by order of Orphsens' Court, to satisfy debts, &c., page 362. This covenant is not essential, but is usually inserted in this kind of deed. Deed of Cruardian, for Lands sold hy order of Orphans' Court. This indenture, made the day of , A. D. one thousand eight hundred and , between P. C, Guardian, legally appointed by the Orphans' Court of the County of , of the estate of S. M., a minor son of J. M., late of , Black- smith, deceased, of the one part, and E. G., of , Gentleman, of the other part : Whereas by force and virtue of certain good con- veyances and assurances in the law, duly had and executed, the said J. M. became in his lifetime lawfully seized in his demesne, as of fee, of and in a certain plantation and tract of land, situate in, &c., and bounded and described as follows, [tere describe the premises,] with the appurtenances, and being so thereof seized, died intestate, [or, if the deceased made a will, add the following after the word seized, " made his last will and testament in writing, hearing date the day of , A. D. — : , wherein and whereby {among other things) he did give and devise the said plantation and tract of land unto his said son S. M., and Ms heirs, as in and by the said in part recited will, since his decease duly proved and re- maining in the Register's office at , reference being there- unto had, appears;""] and whereas at an Orphans' Court held at aforesaid, in and for the said county, upon the petition of the said S. M., the said P. C. was duly appointed Guardian of the estate of the said S. M. during his minority, and it appearing to the said Court that the said S. M. was not possessed of a personal estate adequate to his maintenance and education, [or " that the estate of said minor was 'in such a state of dilapidation and decay,' [or 'so unproductive and expensive,'] that it would be to the interest and benefit of said minor that the estate should be sold,"] the said Court 358 DEEDS. did then and there make an order empowering the said P. 0. to make public sale of the said plantation and tract of land, the estate of the said S. M., for the purposes aforesaid, and to make a title thereto to the purchaser ; in pursuance whereof, the said P. C, having first given bond With sufficient surety to the said Court, according to the Act of Assenibly, for the faithful discharge of the trust thus colhuiitted to him, did, on the day of j» , A. D. , on the premises aforesaid, in accordance with the said ordei*, expose the premises therein mentioned to sale by public vendue, and sold the same to the said E. G., at and for the sum of — — -^-^ dollars, he being the highest bidder, and that the highest and best price bidden for the same, which sale, on report thereof ma'de to the Judges of the said Court, on the — day of , A. D. —^ , was confirmed by the said Court ; and it was considered and adjudged by the said Court that the same should be and remain firm and stable for ever, as by the records and proceedings of the said Court, reference thereunto being had, will fully appear. Now this indenture witnesseth, that the said P. C, for and in Consideration of the sum of dol- lars, to him in hand paid by the said E. Gr., at and before the en- sealing and delivery hereof, the receipt and payment whereof he doth hereby acknowledge, hath granted, bargained, sold, aliened, telea^ed; and confirmed; and by these presents (by virtue of the powers and authorities to him given by the aforesaid order of Or- phans' Cotirt, and pursuant to the directions thereof) doth grant, bargain, sell, alito, release, and confirm unto the said E. G., his heirs and afssigns, all that the above-mentioned and described plan^ tation and tract of land, with the appurtenances. Together with all and singular the rights, liberties, privileges, hereditaments^ and appurtenances whatsoevef, thereunto belonging or in any wise ap- pertaining, and the reversions and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, pro- perty, claitil, and demand whatsoever of the said J. M. in his life- tiine, at and immediately before the time of bis decease, of, in, tOj or out of the same. To have and to hold the said plantation and tract of land, here- ditaments, and premises hereby granted or mentioned, o^ intended so to be, with the appurtenances, unto the said B. G., his heirs and assigns; to the only proper use, benefit, and behoof of the said B. G., his heirS and assigns, for ever. [And the said P. 0. doth cove- nant, promise, and agree to and with the said B. G., his heirs and assigns, by these ptesentSj that he, the said P. C, hath not done, committed, of Wittingly or Willingly suffered to be done or commit- ted, any act, matter, or thing whatsoever whereby the premises aforesaid, or any part theteof, is, are, or shall ot may be impeachedj charged, or encumbered in title, charge, or estate, or otherwise howsoever.] In witness whereof, &c. The v>T*n«nt iit brackets to be retained or omitted, as may be desired. DEEDS. 359 Sheriff's Deed upon a Writ of Venditioni Exponas. J. H. B., Esquire, High Sheriff of the County of , in the Commonwealth of Pennsylvania, to all to whom these pre- Bents shall come, greeting: Whereas hj &ya\t oi fieri facias, io the said Sheriff directed, bearing date the day of last past, he was commanded, that of the goods and chattels, lands and tenements of J. S., of , in his the said Sheriff's baili- wick, he should cause to be levied, &o., [as in the fieri facias ;] and that he should have those moneys before the Judges at , at a Court of Common Pleaa, there to be held for the said County of , the day of next ensuing, to render to the said C. H., for his debt and damages aforesaid, and that he, the said Sheriff, should have then and there that writ. At which day, he, the said Sheriff, made return to~the said Judges, that by virtue of the said writ to him directed, he had seized and taken in execution a certain messuage, &c., [according to the Sheriff's return,] which remained in his hands unsold for want of buyers ; so that he could not have the moneys, in the said writ mentioned, at the day and place therein contained, as by the said writ he was commanded ; and the residue of the execution of the said writ was contained in a certain schedule thereunto annexed; by which schedule or inquisi- tion it appears, on the oaths and affirmations of the inquest therein named, that the rents, issues, and profits of the said messuage, &c. were not of a clear yearly value sufficient, beyond all reprises, within the space of seven years, to satisfy the debt and damages in the said writ mentioned : Wherefore, by a certain other writ of venditioni exponas, issued out of the said Court, bearing date the day of last past, he, the said Sheriff, was commanded that the said messuage, &c., with the appurtenances, so by him seized and taken in execution, he should expose to sale : And that he should have those moneys before the said Judges at , at the Court of Common Pleas, there to be held the d^ of — : next ensuing, to render to the said C. H., for his debt and damages afore- said. In pursuance whereof, he, the said Sheriff, having given due and legal notice of the time and place of sale, did, on , the day of ■ , expose the premises aforesaid to sale,, by public veadue or outcry, and sold the same to I. R., of , for the sum of dollars, he being the highest bidder, and that the best price bidden for the same : Now know ye, that the said Sheriff, for and in consideration of the aforesaid sum of -" dollars, to him in hand paid by the said I. B.., at and before the ensealing and delivery hereof, the receipt whereof he doth hereby acknowledge, hath granted, bargained, and sold, and by these presents, according to the directions of the said last-recited writ, and by force and virtue thereof, doth grant, bargain, and seU, unto the said I. R.., his heirs and assigns, all that the said messuage, &;c., together with all and singular the buildings, improvements, rights, members, and appurtenances whatsoever thereunto belonging, or in any wise 360 jfiEDS. appertaining, and the reversions and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, pro- perty, cliu.m, and demand whatsoever, of him, the said I. S., of, in, to, or out of the same. To have and to hold the said messuage and tract of land, hereditaments, and premises hereby granted, or men- tioned, or intended so to be, with the appurtenances, unto the said I. E.., his heirs and assigns, to his and their only proper use and behoof for ever ; for such estate, and under such rents and condi- tions, as the said I. S. had and held the same, at and immediately before the taking thereof in execution, according to the form and effect of the laws and usages of this commonwealth, in such case made and provided. In witness whereof, I, the said Sheriff, have hereunto set my hand and seal, this day of : — , one thousand eight hundred and . Sheriff's Deed upon a Writ of Levari Facias. H. S., Esquire, High Sheriff of the County of , in the Commonwealth of Pennsylvania, to all to whom these presents shall come, greeting : Whereas by a writ of levari facias, issued out of the County Court of Common Pleas, of the County oi , bearing test at , the day of last past, to the said Sheriff directed, he was commanded, that without any other writ, of the lands and tenements of A. N., late of , Widow, in his bailiwick, to wit, of a certain messuage, &c., [as in the writ,] and that he should have those moneys before the Judges at , at the County Court of Common Pleas, there to be held for the said County of , the day of next en- suing, to render to the said S. P., for his debts and damages afore- said : And whereas the said Sheriff having given due and legal notice of the time and place of sale of said messuage, &c., did, on ■ , the -^^p day of , expose the same to sale by public vendue or outcry, and sold the same to J. L., of , for the sum of dollars, he being the highest bidder, and that the highest and best price bidden for the same : Now know ye, that the said Sheriff, for and in consideration of the aforesaid sum of dollars, to him in hand paid by the said J. L., at and before the ensealing and delivery hereof, the receipt whereof he doth hereby acknowledge, hath granted, bargained, and sold, and by these presents, accorcHng to the directions of the said recited writ, and by force and virtue thereof, doth grant, bargain, and sell unto the said J. L., his heirs and assigns, all that the said messuage, &c., together with all and singular the buildings, improvements, rights, members, and appurtenances whatsoever thereunto belong- ing, or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof, and also all the estate, right, title, interest, property, claim, and demand whatsoever of her, the said A. N., of, in, to, or out of the same. DEEDS. 361 To have and to hold the said messuage, &c., hereditaments and prepiises hereby granted or mentioned, or intended so to be, with the appurtenances, unto the said J. L., his heirs and assigns, to his and their only proper use and behoof for ever, for such ebtate, and under such rents and conditions as the said A. N. had and held the same at and immediately before the taking thereof in execution, but for no larger or greater estate than she, the said A. N., then and there had and held the same, according to the form and eflfect of the laws and usage of this commonwealth in such case made and provided. In witness whereof, I, the said Sheriff, have hereunto set my hand and seal, the day of , in the year of our Lord one vhousand eight hundred and . Deed hy a Sheriff, for Lands sold hy his Predecessor. H. S., High Sheriff of the County of , in the Common- wealth of Pennsylvania, to all to whom these presents shall come, greeting : Whereas by a certain writ of fieri facias, issued out of the Court of Common Pleas for the said County of , tested at , the day of , A. D. , the Sheriff of the said county was commanded that of the goods and chattels, lands and tenements of A. N., late of , Gentleman, in his bailiwick, he should cause to be levied as well a certain debt of dollars, which S. P. lately in the said Court recovered against him, as , which to the said S. P. were adjudged for his damages which he sustained by occasion of the detention of that d^bt ; and that he should have those moneys before the Judges of the said Court at , at a Court of Common Pleas there to be held for the said County of , the then next, to ren- der to the said S. P. for his debt and damages aforesaid, whereof the said A. N. is convict, as appears of record; and that he should have then and there that writ : And whereas A. K., Esq., the then Sheriff of the said county, did on that day return to the said Judgeb, at , that, by virtue of the said writ to him di- rected, he had seized and taken in execution a certain messuage, &c., [according to the Sheriff's return,] which remained in his hands unsold for want of buyers, so that he could not have the moneys in the said writ mentioned at the day and place therein specified, as by the said writ he was commanded, and that the residue of the execu- tion of the said writ was contained in a certain schedule or inquisi- tion thereunto annexed ; by. which said schedule or inquisition it appears, on the oaths and affirmations of the inquest therein named, and under their hands and seals, that the rents, issues, and profits of the said messuage, &c., were not of a clear yearly value, beyond all reprises, sufficient, within the space of seven years, to satisfy the debt and damages in the said writ mentioned : And whereas by a certain writ of venditioni exponas, issued out of the said Court, bearing teste at aforesaid, the day of last S62 DBBDK. past, and to the said Shesiff directed, he was commanded that the said messuage, &o., with the appurtenances, so by him seized and taken in execution as aforesaid, he should expose to sale ; and that he should have the moneys arising from such sale before the said Judges, at , at the Court of Common Pleas there to be held for the said County of , the day of then next, to render to the said S. P. for his debt and damages aforesaid: And whei'eas the said A. K., the Sheriff aforesaid, having given due and legal notice of the time and place of sale of the said messuage, did, on Monday, the day of , expose the same to Bale by public vendue or outcry, and sold the same to J. L., of , for the sum of , he being the highest bidder, and that the highest and best price bidden for the same : And whereas the term of office of the said A. K., late Sheriff as aforesaid, had ex- 2>ired [or '^saidA.K,, late Sheriff as aforesaid, had deceased," or "»aid A. K., late Sheriff as aforesaid, had resigned," as the case may be] before any deed was executed by him to the said J. L., the purchaser aforesaid, whereuponihe said J. L. did prefer his petition to the Judges of the said Court of Common Pleas, at an adjourned Court of Common Pleas held at , for the said County of ■. , on , the day of last past, setting forth therein as is above recited, and praying the said Court to order and direct the said H. S., the present Sheriff, to execute a deed to him, the said J. L., for the said messuage, &c., so as aforesaid purchased ; in pursuance whereof^ the- said Court did then and there order and direct the said H. S., the present Sheriff of the said County of , to perfect the title of the said J. L. by executing a deed to him for the premises so as aforesaid purchased of the said A. K., late Sheriff, according to the Act of General Assembly in such case made and provided, as by the records of the said Court, relation thereunto being had, more fully and at large will appear. Now know ye, that the said H. S., High Sheriff as aforesaid, in pursu- ance of the said order and direction of the Court aforesaid, and also for and in consideration of the aforesaid sum of , to the said A. K., late Sheriff, in hand paid by the said J. L., (the receipt and payment whereof is hereby confessed and acknowledged by the said A. K.,) hath granted, bargained, and sold, and by these presents doth grant, bargain, and sell, unto the said J. JJ.j Ms heirs ajid asr signs, all that the said messuage, &o. Together with all and singu- lar the buildings, improvements, rights, members, and appurtenances^ whatsoever, thereunto belongiog or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, claim, and demand whatsoever of him, the said A. N.,, of, in, to, or out of the same. To have and to hold the said messuage, &c., hereditaments, and premises hereby granted, or mentioned or intended so to be, with the appurtenances, unto the' said J. L., his heirs and assigns, to his and their only proper use and behoof for ever, for such estate and under such rents and conditions as the said A. N. had and held DEEDS. 363 the same, at and immediately before the taling thereof in execution by the said A. K., as aforesaid ; but for no larger or greater estate than he, the said A. N., then and there ha«l and held the same, ac- cording to the form and effect of the laws and usages of this com- mon-wealth in such case made and provided. In witness whereof, the said Sheriff hath hereunto set his hand and seal, the day of , A. D. one thousand eight hundred and . Heoeipt. Received, — , 18 — , of the within-named J. L., dol- lars, in full for the consideration money mentioned in the above deed. A, K., Late Sigh Sheriff. The form oi petition to the court will be found under the title " Petition." The old Sheriff, having actually received the money, ought to sign the Keceipt appended to the Deed. A short Form of a Deed hy Husband and Wife, containing no clause of Warranty. This indenture, made the day of , A. D. one thousand eight hundred and , between A. B. of , and M. his wife of the first part, and C. D. of , of the second part ; Witnesseth that the said party of the first part, in consider- ation of dollars, to them in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged by the party of the first part, do give, grant, sell, and convey unto the said party of the second part all that, &c., [here describe the premises fully, and insert recitals of title.] Together with all and singular the rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereunto belonging, and the reversions and remainders, rents, issues, and profits there- of ; and als6 all the estate and interest whatsoever of them, the said party of the first part, in law or equity. To have and to hold the same to the party of the second part, his heirs and assigns for ever. In witness whereof the said partip of the first part have here- tinto set their hands and seals, the day and year first above written. Signed, sealed, and delivered "I in presence of J Jacob Hanson, Charles M. Tibbals. 364 DEEDS. Deed, of Trust or Assignment, for the benefit of Qreditors. This indenture, made the day of , A. D. one thousand eight hundred and , between A. B., of , in the County of and State of iPennsylvania, of the first part, and C. D., of the same place, of the second part : Whereas the said A. B., owing to sundry losses and misfortunes, is at present unable to discharge his just debts, and is willing to assign all his property for the benefit of his creditors : Now this indenture witneSseth, that the said A. B., as well in consideration of the premises, and for the purpose of making a just distribution of his estate and effects among his creditors, as also of the sum of one dollar, to him in han:d paid, by t"he said C. D., the receipt whereof is hereby acknowledged, hath granted, bargained, sold, assigned, transferred, and set over, and by these presents doth grant, bargain, sell, assign, transfer, and set over unto the said 0. D., his heirs and assigns, all that certain mes- suage, &c., [here describe the lands, tenements, &c., intended to be conveyed,] and also all the goods, chattels, and effects, and pro- )erty of every kind, real, personalj and mixed of the said A. B,, except, however, so much as may be exempt from execution ;] to lave and to hold, receive and take the same to the said C. D., his leirs and assigns, to the proper use and behoof of the said C. D., his heirs and assigns, for ever : in trust, however, and to the intent and purpose that he, the said 0. D., shall and do, as soon as con- venient, sell and dispose of all the lands, tenements, goods, and chattels of him, the said A. B., and collect and recover all the out- standing claims and debts to him, the said A. B., due, and with the moneys arising therefrom, after deducting his,- the said C. D.'s, reasonable cost and charges, shall and do pay the creditors of the said A. B. their respective just demands in full, if there shall be sufficient assets to satisfy the whole ; and if there shall not be sufiS- cient assets to satisfy all the just demands of the creditors in full, then pro rata according to the amount of their respective demands, without preference as between individuals. And should any part or portion of said trust property or funds remain, after fully comply- ing with the trusts aforesaid, then the said C. D. shall deliver over and reconvey the same unto the said A. B., his heirs, executors, ad- ministrators, and assigns. In testimony whereof, the^feaid party of tie first part, to these presents hath hereunto set his hand and seal, the day and year first above written. The above should be acknowledged in the same manner as other deeds. The following Deed of Trust for the use of a married woman, is such an one as is made to secure real estate to the use and control of a wife. Real estate so conveyed can be held by her against the creditors of the husband, provided it is paid for out of her own estate, or even if paid for by the funds of the husband, VMJ& DEEDS. 365 if such husband is not embarrassed by debts &\ the time of making tlie trust estate. Said deed is made by the party of whom the property is purchased, to a trustee, for the benefit of the wife of the party who furnishes the money to make the purchase. Deed of Trust, for the Benefit of a Married Woman. This indenture, made the day of , in the year of our Lord one thousand eight hundred and — , between John Jones, of the City of Philadelphia and State of Pennsylvania, and Mary his wife, of the one part, and William Burns, of Lancaster, in the County of Lancaster, and state aforesaid, of the other part : Witnesseth, that the said John Jones and Mary, his wife for and in consideration of the sum of dollars, lawful money of the TJnited States, to them in hand paid by the said William Burns, for the uses and upon the trusts hereinafter mentioned, at and before the ensealing and delivery hereof, the receipt whereof they do hereby acknowledge, have granted, bargained, sold, aliened, enfeofifed, re- leased, and confirmed, and by these presents, do grant, bargain, sell, alien, enfeoff, release, and confirm, untathe said William Burns, his heirs and assigns, for ever, all that certain piece or parcel of land, situated, &c., [here describe the premises,] together with all and singular the buildings and improvements to the same belong- ing, or in any wise appertaining, and the reversions and remain- ders, rents, issues, and profits thereof. To have and to hold the said piece or parcel of land, with the appurtenances, hereby granted, or intended so '^'^ be, unto the said William Burns, his heirs and assigns, for ever : in trust, nevertheless, and for the uses following, and none other, that is to say, for the sole and separate use of Anna Brown, the wife of Thomas Brown, of Lancaster, county and state aforesaid, for and during her natural life, and so as she alone, or such person as she shall appoint, shall take and receive the rents, issues, and profits thereof, and so as her said hus- band shall not in any wise intermeddle therewith ; and from and after the decease of the said Anna Brown, in trust for the use of the heirs of the body of the said Anna Brown, by the said Thomas Brown begotten, or to be begotten, for ever, with power to the said William Burns to sell and convey, in fee simple, the whole or any part of the aforesaid premises and appurtenances, to any person or persons, and for such sum or sums of money as the said Anna Brown by writing under her hand and seal, and duly acknowledged at any time during her natural life, may appoint and direct : And the said John Jones and Mary, his wife, for themselves, their heirs, executors, and administrators, do covenant and agree, to and with the said William Burns, his heirs and assigns, by these presents, that they, the said John Jones and Mary, his wife, and their heirs, the said above-mentioned and described piece or parcel of land, with the appurtenances, unto the said William Burns, his heirs and assigns, against him, the said John Jones, and his heirs, and against 366 \>mED8. all and every other person' and persons wliomsoeTeir lawfully claim- ing or to claim the same, or any part thereof, [*by, from, or under him, them, or any of them,] shall and will warrant and for ever defend, by these presents. In witness whereof, &c. The form of acknowledgment for this Aeei is tbat ns$d fpr deeds generally. Deed from the Trustee in above Deed of Trmt, conveying said Trust JEstat/B:, by direction of ti^. Married Woman for whose bene' fit the Trust was created. This indenture, made the day of , in the year of our Lord one thousand eight hundred and , between William Burns, of , Trustee of the hereafter mentioned and described premises for the use of Anna Brown, wife of Thomas Brown, of — , of the first part, and Samuel Stone, of , of the second part ; Witnesseth, that the said William Burns, by the ap- pointment and direction of the said Anna Brown, given tinder her hand and seal, duly acknowledged, for the sum of dollars, lawful money of the United States, to him in hand paid by the said Samuel Stone, for the use of the said Anna JBrown, at and before the ensealing and delivery hereof, the receipt whereof he doth hereby acknowledge, and thereof acquit and for ever discharge the said Samuel Stone, hath granted, bargained, sold, released, and confirmed, and by these ;presents doth grant, bargain, sell, release, and confirm, unto the said Saioiuel Stone, his heirs and assigns, all that piece or parcel of land, . situate, &c., [here describe the pre- mises.] Together with all and singular the buildings, improve- ments, rights, liberties, privileges, hereditaments, and appurte- nances whatsoever, thereunto belonging or in any wise appertain- ing, and the reversions and .remaiij'ders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, claim, and demand whatsoever oif him, the ^said William Burns, in law or equity, or otherwise howsoever, of, in, and to the same. To have and to hold the said piece or parcel of land hereby granted or mentioned, or intended so to be, with the appurtenances, unto the said Samuel Stone, and to his heirs and assigns, for ever. And the said William Burns, for himself, his heirs, executors, and administrators, doth hereby covenant, promise, and ^ree to and with the said Samuel Stone, his heirs and assigns, by these pre- sents, that he, the said William Burns, and his heirs, the said above-mentioned and described premises, with the appurtenances, unto the said Samuel Stone, his heirs and assigns, against him, the * See remarks as to special and general warranty deeds, page 339. DEEDS. 367 said William Burns, and his heits, and against all and every other person and piersons whomsoever, lawfully claiming or to claim the same, or ssaf part thereof, [Tiy, from, or under him, them, or any of them,] shall and will warrant and for ever defend, by these presents. In witness whereof, 1 "have hereunto set my hand and seal, the day and year first above written. Signed, sealed, and delivered "I in presence of J James Stiles, c^jS^f^ WILLIAM BUENS, Certificate., from the Married Woman for whose benefit the above Trust was created, that the above-named Property was sold by her order. This may c6rttty, that I, Anna Brown, the wife of Thomas Brown, did appoint and mrect William Burns, Trustee of the aforesaid pro- perty' for my use, to sell and convey, as before described, the pre- mises within mentioned ; [and that 1 have received, on the day of the date of the above indenture, five hundred dollars in full of the consideration money therein mentioned.] Witness toy hand and seal, the day and date of the above indenture. Signed, sealed, and delivered" "I in presence of J Lewis Lander, ^r'-t'-t RicHAKD Terry. v.*aBe> ANNA BROWN. AehnowledgTnent for the above Deed and Certificate of Order to Sell. Lancaster County, ss. Be it remembered, that on the day of , A, D. one thousand eight hundred and , before me, the subscriber, one of the JusticA of the Peace in and for the said county, personally came the above-named William Bums, Trustee of the premises herein described for the use of Anna Brown, and by her appoint ment and direction acknowledged the above indenture to be his act and deed, and desired that the same migh^ be recorded as such. Also, on the day and date aforesaid, and at the same time, per- sonally came Anna Brown, above named, an! acknowledged the 368 DEEDS. above certificate of appointment and direction to be her act and deed, and desired that the same might be recorded as such. In testimony whereof, I have hereunto set my hand and seal, the day and year aforesaid. .^:i-nfj. JAMES STILES, fiUMi Justice of the Peace. ^5^^ A Deed of Trust for a Lot of Ground and a Gfround-rentyfor the be- nefit of a Wife, with the right to her to will said Property, and to revoke, alter, or change the uses and estates limited 6jf_ the Trust. [By omitting the words enclosed in brackets in this form, the conveyance wijl he for a lot of ground only.] This indenture, made the day of , in the year of our Lord one thousand eight hundred and , between J. L., of the City of Philadelphia, Merchant, and C. his wife, of the one part, and J. B., of Philadelphia aforesaid. Merchant, of the other part ; Witnesseth, that the said J. L. and C. his wife, for and in consideration of the sum of ten dollars, lawful money, unto them, at and before the sealing and delivery hereof, by the said J. B. well and truly paid, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, aliened, enfeoffed, released, and con- firmed, [assigned, transferred, and set over,] and by these presents do grant, bargain, and sell, alien, enfeoff, release, and confirm, [as- sign, transfer, and set over,] unto the said J. B., and to his heirs and assigns, all that certain brick messuage or tenement, buildings, and lot or piece or piece of ground, &c. [And also aU that certain yearly ground-rent or sum of thirty dollars, lawful silver money of the United States of America, issuing and payable in half-yearly pay- ments on the first day of the months of March and September in every year for ever, without any deduction for taxes, out of all that certain lot or piece of ground, sc] Together with aU and singular the buildings, improvements, ways, streets, alleys, passages, waters, water-courses, rights, liberties, privileges, hereditaments, [incidents, members,] and appurtenances whatsoever unto the hereby granted [and assigned] premises belonging or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim, and de- mand whatsoever of them, the said J. L. and C. his wife, in law, equity, or otherwise howsoever, of, in, and to the same. To have and to hold [take and receive] all and singular the jbereditaments and premises hereby granted, [and assigned,] or mentioned and intended so to be, with the [rights, incidents, members, and] appur- tenances, unto the said J. B., his heirs and assigns, to and for the only proper use and behoof of the said J. B., his heirs and assigns, for ever. In trust, nevertheless, for the uses, ends, intents, and purposes, and under and subject to the several provisos, restric- DEEDS. 369 tions, limitations, and conditions following, that is to say : that he, the said J. B., his heirs and assigns, do and shall permit and suffer the said C. L., party hereto, to occupy, manage, let, and demise, and take, receive, and enjoy the rents, issues, and iprofits of the said hereby granted [and assigned] premises, for and during all the term of her natural life, for her sole and separate use, and for such other use or uses as she, the said C. L., may see proper, without any let, hinderance, or molestation of 'her present or any future hus- band she may have or take, or of any other person or persons whomsoever, and acquittances or other sufficient discharges to give for the same, notwithstanding her coverture, or whether she be covert or sole, she paying all ta^es and charges on said hereiby granted [and assigned] premises, and all necessary and proper re- pairs thereof. And from and immediately after the decease of the said C, then that he, the said J. B., his heirs and assigns, do and shall grant and convey [and assign] the said .premises to such per- son or persons and for such estate and estates as she, the said C, by any instrument in writing in the nature of a will, under her hand and seal, executed in the presence- of two or more subscribing witnesses, notwithstanding her coverture, shall direct, limit, or ap- point. And in case of no such direction, limitation, or appoint- ment, then that the said J. B., his heirs and assigns, do and shall grant and convey [and assign] the said premises to such person or persons, as would be entitled to the same if the said C. had sur- vived her only or last husband, and died intestate, seized of the said premises in fee simple, and in such manner and for such por- tion of said estate as such person or persons would in such case be entitled to by law : Provided always, nevertheless, and it is hereby expressly declared, agreed, and understood by and between the said parties hereto, that it shall and may be lawful for the said C, notwithstanding her coverture, by any deed or deeds, writing or writings, to be by her sealed and delivered in the presence of two or more subscribing Tvitnesses, to revoke, alter, change, and make void all and every or any of the uses and estates hereinbefore limited and (Jeclared of and concerning the said hereby granted [and assigned] premises, or any part thereof; and by such deed or deeds, writing or writings, to grant, bargain, sell, and convey [and assign] the said premises, or any part thereof, in fee simple, in mortgage, or for any less estate, freed and discharged from any trust or limitation whatever, to such person or persons as she, the said C, shall deem proper; or by such deed or deeds, writing or writings, to appoint and declare new or other uses of the said premises, as to her shall seem meet. And that the moneys arising from such sale or sales, or loaned upon mortgage, shall be received by her, the said C, for her sole and separate use and benefit, with- out the control or interference of any person or persons whomso- ever ; and that she, the said C, acquittances or other sufficient discharges shall give for the same, notwithstanding her coverture, 24 370 DEEDS. any thing hereinbefore contained to the contrary thereof in any ■wise notwithstanding: And provided always, and it is hereby agreed, that it shall and may be lawful to and for the said J. B., his heirs and assigns, from time to time, in the first place to retain and reimburse to himself and themselves, out of the hereby granted [and assigned] premises, all such costs, charges, and ex- penses as he or they may be put to in the performance or execu- tion of this trust or any thing relating thereto : And provided also, -that it shall and may be lawful for the said J. B., and his heirs, to, and he and they shall, assign and transfer the trust hereby created to such person or persons as she, the said C, not- withstanding her coverture, or whether she be covert or sole, may nominate and appoint ; the said J. B., his heirs, executors, and administrators, to be at all times freed and discharged from all re- sponsibility or liability whatsoever for or by reason of such assign- ment, or of the conveying or joining in a conveyance of the said premises, or of the acts and doings of such assignee or assignees, his, her, or their heirs and assigns, or any of them, any thing here- inbefore contained to the contrary thereof in any wise notwith- standing : And provided also, that in case the trustee in and by these presents nominated and appointed, or any succeeding or other trustee or trustees of the said trust estate and premises, to be nomi- nated as hereinafter mentioned, shall happen to die, or shall neglect or refuse or become incapable or unfit to act in the said trust, before the same shall be fully executed, performed, and determined, then, and as often as the same happen, it shall and may be lawful for the said C, by any writing under her hand and seal, to nominate, sub- stitute, and appoint some other fit person or persons to be trustee or trustees of and in the said premises, in the place and stead of the trustee or trustees so dying, or refusing or neglecting, or be- coming incapable or unfit to act as aforesaid, and so from time to time, as often as any such death, neglect, or incapacity shall hap- pen ; and upon such nomination and appointment, the person or persons so to be appointed shall be and stand seized of the said premises, with the appurtenances, in trust for the same uses, ends, intents, and purposes, and subject to the several provisos, restric- tions, limitations, and conditions hereinbefore mentioned, expressed, and declared of and concerning the same, and to and for no other use, intent, or purpose whatsoever, under and subject, nevertheless, to the payment, &c. And the said J. L., and his heirs, all and sin- gular the premises hereby granted, [and assigned,] or mentioned and intended so to be, with the [rights, incidents, members, and] appurtenances, unto the said J. B., his heirs and assigns, against him, the said J, L., and his heirs, and against all and every other person or persons whomsoever, lawfully claiming or to claim by, from, or under him, them, or any of them, shall and will warrant and for ever defend, by these presents. In witness whefeof, &c. DEEDS. 371 Deed of Trust conveying Real Estate, for the Benefit of a Married Woman during her life ; at her death, for the benefit of her husband for life, and to their children, or, if there be none, to the heirs of said woman ; with the power to her to revoke, alter, change, and make void the Uses, Trusts, and Estate granted. This indenture, made the day of , in the year of our Lord one thousand eight hundred and , between P. E., or , of the one part, and A. R., of the City of Philadelphia, Attorney at Law, of the other part : Witnesseth, that the said P. E., for and in consideration of the sum of dollars, lawful money of the United States of America, unto him in hand well, and truly paid by the said A. E.., at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, and for settling and assuring the two several premises, hereinafter described and granted, unto such uses and upon such trusts as are hereinafter men- tioned, expressed, and declared of and concerning the same, hath granted, bargained, and sold, aliened, enfeoffed, released, and con- firmed, and by these presents doth grant, bargain, and sell, alien, en- feoff, release, and confirm, unto the said A. R., his heirs and assigns, Piere insert the description of the premises,] together with all and singular the buildings, improvements, ways, roads, streets, lanes, al- leys, passages, &c., whatsoever, unto the said hereby granted premises belonging, or in any wise appertaining, and the reversions, remain- ders, rents, issues, and profits thereof, and also all the estate, right, title, interest, property, claim, and demand whatsoever, of him, the said P. E., in law, equity, or otherwise howsoever, of, in, to, or out of the same. To have and to hold the aforesaid two several pre- mises, [insert description as before,] hereditaments, and premises hereby granted, or mentioned, and intended so to be, with the ap- purtenances, unto the said A. R., his heirs and assigns, to and for the only proper use, benefit, and behoof of the said A. R., his heirs and assigns, for ever : in trust, nevertheless, to the uses, upon the trusts and upon the several uses, intents, and purposes hereinafter expressed concerning the same, that is to say, to the use of the said A. R., and his heirs, executors, and administrators, during the natu- ral lifetime of R. M., wife of W. M., of the County of Philadelphia, and state aforesaid, in trust to permit and suffer her, the said R. M., to have,, hold, use, and enjoy the same, or any part thereof, during her natural lifetime. But in case she shall not choose to occupy the same, then in trust to pay the rents, issues, and profits thereof, of of so much thereof as she may not choose to occupy, as the same shall accrue and grow due and payable and be received, unto such person or persons only, and for such uses, intents, and purposes only, as she, the said R. M., by writing under her hand, shall, from time to time, direct and appoint the same to be paid. And in default of and until ^ch direction or appointment under her own proper hand, the receipt of the said A. R. under his hand, 372 DEEDS. or the receipt or receipts of such person or persons as she shall, from time to time, appoint to receive the same as aforesaid, shall be the only proper and effectual discharge for the same, to the end and intent that the same shall and may be for her sole and separate use, benefit, behoof, and disposal, notwithstanding her present or any future coverture, free and clear of and from the interruption, inter- vention, and control of her said husband, the said W. M., or any future husband she may have, and without being in anyway subject, responsible, or liable to or for the existing or future cobtracts, debts, or engagements of her said husband, the said W. M., or of any future husband she may have. And from and immediately after the decease of the said R. M., then to the use of him, the said A. R. and his heirs, during the natural lifetime of the said W. M., in and upon the further trust to permit and suffer him, the said W. M., to have, hold, use, and enjoy the said premises, &c., with the appurtenances, for and during his natural lifetime. But in case he shall not choose to occupy the same, then in trust to pay the rents, issues, and profits thereof, or of so much thereof as he may not ohooSe to occupy, unto him, the said W. M., and his assigns, during his natural lifetime, to and for his and their own proper use, benefit, behoof, and disposal. And from and immediately after the several deceases of both of them, the said W. M. and R., his wife, and of the survivor of them, then in and upon the further trust that he, the said A. R., his heirs, exe- cutors, administrators, and assigns, shall and will, from and imme- diately after the several deceases of both of 'them, the said W. M. and R. his wife, and of the survivor of them, hold and grant, con- vey and assure all and singular the two said several premises above particularly described, with the appurtenances, unto such person or persons, to and for the only proper use and behoof of such person or persons, and for such use and uses, estate and estates, and sub- ject to such ;provisoB, limitations, and agreements, and in such way, manner, and form as the said R. M., notwithstanding her present or any future coverture, or whether she be covert or sole, shall by her last will and testament, in writing, or by any instrument of writing in the nature thereof, or purporting so to be, and by her in- tended as and for her last will and testament, to be by her signed and sealed in the presence of two or more credible witnesses, (which said last will and testament she, the said R. M., is hereby enabled and empowered to make,) give, order, direct, limit, and appoint, and in default of such gift, order, direction, limitation, or appoint- ment, then upon the further trust that he, the said A. R., his heirs, executors, administrators, and assigns, shall and will grant, convey, and assure the aforesaid two several premises before particularly described with the appurtenances and the absolute estate of inherit- ance and fee simple thereof, unto the lawful child or children of the said W. M. and Rj, and the lawful issue of such of them as may be dead leaving lawful issue, their heirs and assigns for ever, to be equally divided between them, if more than one, share and share DEEDS, 373 alike, as tenants in common and not as joint tenants, and if but one such child, then to the use, benefit, and behoof of such child, his or her heirs and assigns, for ever. Provided always, that the child or children of such as may be dead leaving lawful issue, shall be entitled only to the share which his, her, or their father or mother would have been entitled to if living, his, her, or their heirs and assigns, for ever. And in case of the decease of the said W. M. and R. his wife, without leaving any lawful child or children, and without leaving lawful issue of such child or children as may be dead ; and in default of and for want of such child or children and issue as aforesaid, then upon the further trust that he, the said A. R., his heirs, executors, administrators, and assigns, shall and will grant, convey, and assure all and singular the aforesaid two several premises above particularly described, with the appurtenances and absolute estate of inheritance and fee simple thereof, unto the right heir or heirs of her, the said R. M., in fee simple ; Provided always, nevertheless, and it is hereby expressly understood and agreed by and between the said parties hereto, that it shall and may be lawful for the said R. M., at any time or times hereafter during her life, notwithstanding her present or any future coverture, or whether she be covert or sole, by any deed or deeds, writing or writings, to be by her signed and sealed in the presence of two or more creditable wit- nesses, to revoke, alter, change, and make void all and every or any of the uses, trusts, and estate hereinbefore limited and declared of and concerning the premises hereby granted, or any part thereof, and to declare new and other uses thereof, as to her may seem proper, any thing hereinbefore contained to the contrary thereof in ^UJ wise notwithstanding, and that it shall and may be lawful to and for the said A. R., his heirs, executors, administrators, and assigns, at any time during the natural lifetime of her, the said R. M., by and with her consent, signified by her becoming a party to and signing, sealing, and delivering a deed of conveyance to sell and dispose of the said two several premises hereby granted, or any part thereof, and by proper deed or deeds, conveyances, or assu- rances in the law, to grant, convey, and assure the same to the pur- chaser or purchasers thereof, his, her, or their heirs and assigns, for ever, free and clear of and from all or any trust or limitation what- soever, or to mortgage the same, and, with the proceeds arising from such sale, disposal, or mortgage, to purchase other real estate, and to receive conveyance for the same, in trust, for the same uses, intents, and purposes as are hereinbefore set forth and declared of and con- cerning the said two severq,l premises hereby granted, or for such other uses, intents, and purposes whatsoever, wMch she, the said R. M., may order, direct, or declare, or to pay the said proceeds arising from such sale or disposal unto the said' R. M., or to any person or persons whom she may legally authorize and empower to receive the same. And the said P. E., for himself, his heirs, executors, admi- nistrators, and assigns, doth hereby covenant, promise, and agree to 374 DEEDS. and -ffith the said A. R., his heirs and assigns, that he, the said P. E. and his heirs, all and singular the hereditaments and premises hereby granted or mentioned, and intended so to be, vrith the ap- purtenances, unto the said A. R., his heirs and assigns, in trust as aforesaid, against him, the said P. E. and his heirs, and against all and every person or persons whomsoever. lawfully claiming or to claim the same or any part thereof, by, from, or under him, them, or any of them, shall and will warrant and for ever defend by these presents. In witness whereof, the said parties to these presents have here- unto interchangeably set their hands and seals, dated the day and year first above written. Deed of Personal Property in Trust, for the benefit of a female In- fant, with the right to the Trustee to sell and re-invest the pro- ceeds in Trust for the benefit of said Infant. Know all men by these presents, that I, F. J,, Administrator of the estate of J. T., deceased, of , for and in consideration of the sum of , to me paid by J. L., of , at or before the sealing and delivery of these presents, the receipt whereof is hereby acknowledged, have granted, sold, and delivered, and hereby do grant, sell, and deliver, unto the said J. L., all and singular the fur-t niture, household goods, and chattels mentioned in the schedule here- unto annexed, and marked A : To have and to hold the said goods and chattels to the said J. L., his executors, administrators, and assigns. In trust, nevertheless, for the sole and separate use of L. C, an infant daughter of A. C. , late of , deceased, without the intermeddling of any husband she may take, and free from all debts and demands, charges and encumbrances of any such husband ; and on further trust that the said J. L. shall have full power to sell the said goods and chattels, receive the proceeds thereof, and re-invest the same in trust for the benefit of the said L. C, and for her separate use. And the said F. J., for himself, and his executors and administrators, the said goods and chattels unto the said J. L., and his successor in the said trust, and assigns, and against all persons whomsoever, shall and will warrant and for ever defend by these presents. In witness whereof, &c. • Signed, sealed, &c. On the day of the date of the within bill of sale, livery of seisin of the articles mentioned in the schedule herein referred to was given by the said F. J. to the said J. L. in presence of us, A. B. [Here follows the acknowledgment of F. J. in the usual form.] ScheduU above refared to, A. Inventory and appraisement of furniture of house No. — — ;— , on Street, made this day of , A. D. , by M. N. and 0. P. DEEDS. 375 Entry. LTmbrella stand and oil cloth $ 5.00 To mahogany bedsteads 50.00 [Here follow the articles marked.! M. N. 0. P. The foregoing schedule, consisting of pages, was attached to the bill of sale at the time of its execution by F. J. Witness my hand and seal, this day of , A. D. 18 — . vii^-O- JOHN BROWN, :^^^ Alderman. ^^W^ Deed from a Corporation. This indenture, made the day of , A. D. one thou- sand eight hundred and , between the Corporation by the name, style, and title of " The President, Directors, and Company of the Bank of Pennsylvania," of the one part, and C. D., of the City of Philadelphia, in the State of Pennsylvania, Gentleman, of the other part : Witnesseth, that the said The President, Directors, and Company of the Bank of Pennsylvania, for and in consideration of the sum of dollars, lawful money of the United States, to them in hand paid by the said C. D. at the time of the execution hereof, the receipt whereof is hereby acknowledged, have granted, bargained, and sold, aliened, enfeoffed, released, and confirmed, and by these presents do grant, bargain, and sell, alien, enfeoff, release, and confirm, unto the said C. D., and to his heirs and assigns, all that piece or parcel of land situated, &c., [here describe the land and give the chain of title.] Together with aU and singular the buildings, privileges, hereditaments, and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the reversions and re- mainders, rents, issues, and profits thereof; and all the estate, right, title, interest, property, claim, and demand whatsoever of them, the said The President, Directors, and Company of the Bank of Pennsylvania, either in law or equity, of, in, and to the same. To have and to hold the said messuage or tenement and lot or piece of ground above described, hereditaments, and premises hereby granted, bargained, and sold, or mentioned, or intended so to be, with the appurtenances, unto the said C. D., his heirs and assigns, to and for the only proper use and behoof of him, the said C. D., his heirs and assigns, for ever. And the said The President, Di- rectors, and Company of the Bank of Pennsylvania for themselves and their successors, do hereby covenant and agree to and with the said C. D., his heirs and assigns, that they, the said The President, Directors, and Company of the Bank of Pennsylvania and their successors, all and singular the said hereby granted premises, with the appurtenances, unto the said C. D., his heirs and assigns, against DEEDS them, the said The President, Directors, and Company of the Bank of Pennsylvania 'and their successors, and against all and every ^ other person and persons Trhomsoever lawfully claiming or to claim by, from, or, under them, or any of ^hemy shall and will warrant and for eyer defend by these presents. In testimony whereof, the said The President, Direc- tors', an4 Company of the Baafe of Pennsylvania have hereunto affiixed the', common seal of their said •Vfs^^^ corpoFadfefr art Philadelphia, the day and year first J'jrni'i before written. Signed, sealed, and delivered "I in presence of us> J G. H. Attest, K. L. A. B., President. Received, the day of the date of the above-written indenture, of the above-named C. D., the sum of dollars, being the full consideration money above mentioned. For The -President, Directors, and Company of the Bank of Pennsylvania, E. F., Cashier. For AfSda^t of tlie President to this deed, see Acknowledgment, page 28. A corporation cannot aot otherwise than as prescrihedby layr. Its deeds must he authenticated by its common seal, and that seal must be proved. The seal itself, that is the impression, must be proved by some person who knows the device, motto, &o. See 7 S. & B. 313 ; 10 Johns. B. 381, and Peak's Law of Ev. .48 to 72, and other works. In grants made to corporations, the word "successors" must be used instead of " heirs," when it is intended to pass a fee simple. Deed to Donate Lands. This indenture, made the day of , A. D. between B. ¥., of , of the one part, and G. H., son of the said E. F., of the other part : Witnesseth, that the said E. F., aa well for and in consideration of the natural love and affection which he, the sai4 E. F., hath and beareth unto the said G. H., as aJso for the better maintenance, support, and livelihood of him, the said G. H., hath given, granted, aliened, enfeoffed, and confirmed, and by these presents doth give, grant, alien, enfeoff, and confirm, unto the said G. H., his heirs and assigns, all that messuage, [here describe the property,] together with all and singular the hereditaments and appurtenances thereunto belonging, or in any wise appertaining; and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, property, claim, and demand whatsoever, of him, the said E. F., of, in, and to the said messuage, tenements, and premises, and of, in, and to every part and parcel thereof, with their and every of their appurtenances. To have and to hold the said messuage, tenements. DEEDS. 37T hereditaments, and all and singular the' premises hereby granted and confirmed, or mentioned, or intended so^to be, with their and every of their appurtenances, unto the said Gt. H., his heirs and assigns, to the only proper use and behoof of him, the said G. H., his heirs and assigns, for ever. And the said E. F., for him- self, his heirs, executors, and administrators, doth covenant and agree to and with the said G. H., his heirs and assigns, by these presents, that he, the said G. H., his heirs and assigns, shall and lawfully may, from time to time, and at all times hereafter, peace- ably and quietly have, hold, use, occupy, possess, and enjoy the said messuage, farm, lands, tenements, hereditaments, and premises hereby granted and confirmed, or mentioned, or intended to be hereby granted and confirmed, wjth their and every of their appur- tenances, free, clear, and fully discharged, or well and sufficiently saved, kept harmless, and indemnified of, from, and against all former and other gifts, grants, bargains, sales, jointures,, feoff- ments, dowers, and estates, and of, from, and against all former and other titles, troubles, charges, and encumbrances whatsoever, had, done, or suffered, or to be had, made, done, or suffered by him, the said E. F., lus heirs or assigns, or any other person or persons lawfully claiming, or to claim, by, from, or under him, them, or any of them. In witness whereof, &c. Deed of Partition qf Lands ly Tenants in Oommon. This indenture, made the day of , A. D. one thou- sand eight hundred and , between Thomas Jones, of , of the one part, and William Jones, of , of the other part : Whereas the said Thomas Jones and William Jones now stand seized in fee simple, as tenants in common, of and in a certain tract or parcel of land, situate, lying, and being in, &c., contain- ing, &c. Now this indenture witnesseth, that the parties to this indenture have agreed to make, and by these presents do make, a full, just, equal, perfect, and absolute partition and division between them, of and in the aforesaid tract of land, according to their respec- tive shares and interests therein, in manner following, that is to say, that the said Thomas Jones and his heirs shall have all that piece or allotment of land, part of the said tract, beginning, [here describe the land,] containing, &e., together with the messuages, edifices, buildings, and improvements on the said described piece of land erected, standing, or being, and all the rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof. To have and to hold the same unto the said Thomas Jones, his heirs and assigns, for ever, in severalty, as his and their full part, share, and dividend, of and in all and singular the premises : And the said William Jones doth, 378 DEEDS. by these presents, for MmseK and his heirs, give, grant, allot, assign, set over, release, and confirm, unto the gaid Thomas Jones, and to his heirs and assigns, for ever, the said described piece or allotment of land, with the appurtenances : To have and to hold to him, the said Thomas Jones, his heirs and assigns, to the only, proper use and behoof of him, the said Thomas Jones, his heirs and assigns, for ever, in severalty : And the said William Jones, for himself, his heirs, executors, and administrators, doth covenant to and with the said Thomas Jones, his heirs and assigns, and every of them, by these presents, that he, the said Thomas Jones, his heirs and assigns, shall, or lawfully may, from time to time, and at all times hereafter, for ever, freely, peaceably, and quietly have, hold, occupy, possess, and enjoy the said first described piece or allotment of land, containing, &c., with the appurtenances, and receive and take the rents, issues, and profits thereof, without the let, suit, trouble, molestation, interruption, or denial of him, thci said William Jones, his heirs and assigns, or any other person or persons whatsoever, lawfully ejaiming, or to claim, by, from, or under him, them, or any of them, or by or with his, their, or any of their acts, means, consent, privity, or procurement. And that the said William Jones and his heirs shall have that piece or al- lotment of land, (residue of the said tract,) beginning, [here de- scribe the land,] containing, &c., together with the messuages, edifices, buildings, and improvements on the said described piece of land erected, standing, or being, and all the rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereunto belonging, or in any wise appertaining, and the reversions and re- mainders, rents, issues, and profits thereof: to hold and enjoy the same unto the said William Jones, his heirs and assigns, for ever, in severalty, as his and their full part, share, and dividend of, and in all and singular the premises : And the said Thomas Jones doth, by these presents, for himself and his heirs, five, grant, allot, assign, set over, release, and confirm, unto the said William Jones, and to his heirs and assigns, for ever, the said last described piece or allot- ment of land, with the appurt^ances : To have and to hold to him, the said William Jones, his heirs and assigns, to the only proper use and behoof of the said William Jones, his heirs and assigns, in severalty, ,for ever : And the said Thomas Jones, for himself, his heirs, executors, and administrators, doth covenant to and with the said William Jones, his heirs and assigns, and every of them, by these presents, that he, the said William Jones, his heirs and assigns, shall or lawfully may, from time to time, and at all times hereafter, for ever, freely, peaceably, and quietly, have, hold, occupy, possess, and enjoy the said last-described piece or allotment of land, containing, &c , with the appurtenances, and receive and take the rents, issues, and profits thereof, without the let, suit, trouble, molestation, inter- ruption, or denial of him, the said Thomas Jones, his heirs or assigns, or of any other person or person whatsoever, lawfully claiming, or DEEDS. 379 to claim, by, from, or under him, them, or any of them, or by or Vith his, their, or any of their acts, means, consent, privity, or pro- curement. In witness whereof, the said parties have hereunto set their hands and seals, the day and year aforesaid. If the parties have wirea, their names should he inserted as in other deeds, if it is desired to bar the dower of each wife to the particular part released. All who eign the deed ought to join in the acknowledgment. Deed of Exehange of Lands. This indenture, made the day of , between John Smith, of , of the one part, and James Black, of , of the other part ; Witnesseth, that the said John Smith hath given and granted, and by these presents doth give and grant, unto the said James Black, one field or close of freehold land, called or known by the name of , &c., with all and every of the appurte- nances, situate, lying, and being in , in the County of , &c., [describe the premises,] for and in exchange of and for all the lands, tenements, and hereditaments of the said James Black, called or known by the name of , in afore- said, in the said County of , bounded and described as fol- lows, [describe the premises.] To have and to hold the said field or close, with the appurtenances, to the said James Black, his heirs and assigns, for ever, for and in exchange of and for the said lands, ^ tenements, and hereditaments, called , with the appurte- nances. And the said John Smith doth covenant, &c.,. [add such covenants as may be agreed upon.] And the said James Black hath likewise on his part given and granted, and by these presents doth fully, freely, and absolutely give and grant, unto the said John Smith, his heirs and assigns, all those lands, tenements, and hereditaments aforesaid, vrith the appur- tenances, called or known by the name of , situate, lying, and being in aforesaid, in the said County of . To have and*to hold the said lands, tenements, and hereditaments, &c., to the said John Smith, his heirs and assigns, for ever, for and in exchange of and for the said field or close of land, &c. : Provided always, nevertheless, and these presents are upon this condition, and it is the true intent and meaning of the parties hereunto, that if it shall happen that either of the said parties to these presents, their executors, administrators, or assigns, shall, at any time here- after during the said respective terms above granted, by color or means of any former or other gift, grant, bargain, or sale, or other- wise howsoever, be. ousted or evicted of and from the possession of either of the said messuages or tenements, and other the premises, so respectively granted in exchange as aforesaid, or any part there- of, then and in such cases these presents, and every matter and 380 DEEDS. ' thing herein contained, shall be utterly void and of none effect^ and then and thenceforth it shall and may be lawful to and for the" party or parties so ousted or evicted into his or their said former messuage or tenement and premises, with aU and singular the appur- tenances, to re-enter, and the same to have again, repossess, and enjoy, as of his and their former estate or estates, any thing herein contained to the contrary thereto in any wise notwithstanding. In witness whereof, &c. *> ' Deed of Qonfirmaiion, Know all men by these presents, that I, John Jones, of in Couiity and State of Pennsylvania, in consideration of the sum -of dollars, to me in hand paid by William Burns, the receipt whereof is hereby acknowledged, have granted, bargained, sold, ratified, and confirmed, and by these presents do grant, bargain, sell, "ratify, and confirm, unto the said William Burns, his heirs and assigns, for ever, all the estate which I ha^^ in the messuage, with the appurtenances, in , in the eoun^- ajforesaid, now in the possession and occupation of the said William Burns. To have and to hold the same unto hiin, the said William Burns, and his heirs and assigns, for ever. In witness whereof, &c. A Deed without Covenants. This indenture, made the day of ^ -, in the year of our Lord one thousand eight hundred and , between A. B., of , of the first part, and C. D., of , of the second part ; Witnesseth, that the said party of the first part, for and in consideration of the sum of -.■ - - dollars, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, hath bargained and sold, and by these presents doth bargain and seH, unto the said party of the second part, and to his heirs and assigns, for ever, all, &c., [here describe the property.] Together with all and singular the hereditaments and appurte- ' nances thereunto belonging or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof; and also all the estate, right, title,, interest, claim, or demand whatsoever of him, the said party of the first partj either in law or equity, of, in, and to the above-bargained premises, and every part and parcel thereof. To have and to hold to the said party of the second part, his heirs and assigns, to the sole and only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns, for ever. In witness whereof, &c. DEEDS. 881 Deed Poll. To all to whom these presents shall come, A. B., of , in the State of Pennsylvania, -widow and relict of J. B., Hatter, late of the same place, deceased ; B, B., of the same place. Merchant, eldest son and heir-at-law of the said deceased ; F. B., of the Bo- rough of , in the State of Pennsylvania aforesaid, Gentle- man, another of the sons of the said deceased ; and J. S., of the Borough of , aforesaid. Gentleman, and M. his wife, late M. B., daughter of the said deceased, (who are the only heirs of the said deceased,) send greeting : Whereas, &c. [Recite the title of the said J. B., deceased, to the premises intended to he con- veyed. See Recitals.] Now know ye, that the said A. B., B. B., F. B., and J. S. and -M. his wife, for and in consideration of the sum of -^ ^ dollars, lawful money of the United States, to them in hand paid by I. N., of , at and before the sealing and de* livery hereof, the receipt whereof they do 'hereby acknowledge, have granted, bargained, sold, -released, and confirmed,'and by these presents do gra,nt, bargain, sell, release, and confirm, unto the said I. N., his heirs ajnd assigns, all that messuage or tenement, &c. Together with all and singular the buildings, improvements, rights, liberties, privileges, hereditaments, and appurtenances whatsoever, thereunto belonging or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof; and also all the estate, right, title, interest, property, claim, and demand whatso- ever of them, the said A. B., E. B., F. B., and J. S. and M. his wife, in law or equity, or otherwise howsoever, of, in, to, or out of the same. To have and to hold the said messuage or tenement and lot or piece of ground, "hereditaments, and premises hereby granted, or mentioned or intended so to be, with the appurtenances, unto the said I. N., his heirs and assigns, to the only proper use and behoctf of the said I. N., his heirs and assigns, for ever ; subject to the pay- ment of the arrearages of the principal and interest (if any) due to the Commonwealth of Pennsylvania for patenting the same. In witness whereof, &c. Deed Poll for Unpatented Lands, with Cflause of Special Warranty. Know all men by these presents, that A. B., of -, in the County of and State of Pennsylvania, Joiner, and H. his wife, for and in consideration of the sum of dollars, to them in hand paid by C. D., of Township, in the county and state aforesaid, at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, released, and confirmed, and by these presents do grant, bar- gain, sell, release, and confirm, unto the said 0. D., his heirs and assigns, all their estate, right, title, interest, property, claim, and 382 DEEDS. demand whatsoever of, in, to, or out of a certain tract or parcel o^ land, situate, [here describe the land,] containing , be the same more or less, surveyed or intended to be 'surveyed, by virtue of a warrant for the same, bearing date the day of , A. D. one thousand seven hundred and ninety-six, granted to the said A. A., as by the said warrant, remaining filed in the Surveyor- general's office, recourse being thereunto had, appears. Together with all and singular the rights, members, and appurtenances there? unto belonging or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof. To have and to hold the said tract of land, hereditaments, and premises hereby granted, or mentioned or intended so to be, with the appurtenances, unto the said C. D., his heirs and assigns, to the only proper use and behoof of the said C. D., his heirs and assigns, for ever, subject to the payment of the arrearages, if any, due to the Gommonwealth for patenting the same. And the said A. B., and his heirs^the said hereby granted pre- mises unto the said 0. D., his heirs and assigns, against him, the said A. B., and his heirs, and against all and every other person and persons whatsoever, lawfully claiming or to claim by, from, or under him, them, or any of them, shall and will warrant and for ever defend, by these presents. ' In witness whereof, &c. Quit-Claim Deed. Know all men by these presents, that I, John Jones, of the Bo- rough of , in the County of and State of Pennsyl- vania, for and in consideration of the sum of \ dollars, to me in hand paid, or secured to be paid, by William Burns, of , and state aforesaid, the receipt whereof is hereby 'acknowledged, hath remised, released, and quit claimed, and by these presents doth remise, release, and quit claim, unto the said William Burns, and to his heirs and assigns, for ever, all that, &c., [here describe the premises.] Together with all and singular the hereditaments and appurtenances thereunto belonging or in any wise appertain- ing, and the reversions, remainders, rents, issues, and profits thereof; and all the estate, right, title, interest, claim, or demand whatsoever of me, the said John Jones, either in law or equity, of, in, and to the above-bargained premises." To have and to hold the same to the said William Burns, and to his heirs and assigns, for ever. In witness whereof, &c. Deed of Release. To all people to whom these presents shall come, A. B., C. D., E. F. and G. his wife, of , send greeting, [here insert the recitals :] Now know ye, that the said A. B., 0. D., E. F. and G. DEEDS. 383 his wife, for and in consideration of the sum of dollars, to them in hand -paid hy the said I. S., at and before the ensealing and delivery hereof, the receipt whereof they do hereby acknow- ledge, and thereof acquit and for ever discharge the said I. S., his heirs, executors, and administrators, by these presents have, and each and every of them hath, remised, released, and for ever quit claimed, and by these presents do, and each and every of them doth, remise, re- lease, and for ever quit claim, unto the said I. S., and to his heirs and assigns, all the estate and estates, shares, purparts, and dividends, right, title, interest, property, claim, and demand whatsoever of them, the said A. B., C. D., B. F. and G. his wife, in law or equity, or otherwise howsoever, of, in, to, or out of all that messuage or tene- ment, plantation, and tract of land situate, lying, and being in the Township of , (in the actual possession and seizin of the said I. S. now being,) bounded and limited as follows, viz. beginning, &c., [here describe the premises.] Together with all and singular other the buildings, improvements,- rights, members, and appurtenances whatsoever, thereunto belonging or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof. To have and to hold all and singular the premises hereby remised and released, or mentioned or intended so to be, with the appur- tenances, unto the said I. S., his heirs and assigns, to the only proper use and behoof of the said I. S., his heirs and assigns, for ever ; so that neither the said A. B., C. D., E. F. and G. his wife, nor .their heirs, nor any other person or persons whosoever, law- fully claiming or to claim by, from, or under them, or any of them, shall or may, at any time or times hereafter, have, claim, challenge, or demand any estate, right, title, or interest of, in, to, or out of the said messuage, &c., hereditaments and premises hereby remised and released, or mentioned or intended so to be, with the appurte- nances, or any part or parcel thereof; but thereof and therefrom shall and will be utterly (excluded and for ever debarred by these presents. In witness whereof, &c. Deed of the Eight of Way or Use of an Alley or Passage. This indenture, made the day of , in the year of our Lord one thousand eight hundred and , between A. B., of , of the one part, and 0. D., of aforesaid, of the other part ; Witnesseth, that the sjiid A. B., for and in considera- tion of the sum of dollars, lawful money of the United States, unto him well and truly paid by the said C. D., at and before the ensealing and delivery hereof, the receipt whereof is hereby acknowledged, hath granted, bargained, and sold, and by these presents doth grant, bargain, and sell, unto the said C. D., and to his heirs and assigns, the free and uninterrupted use, liberty, and privilege of, and passage in and along, a certain alley or pas- 884 DEEDS. sage, of feet in breadth by feet In depth, extend ang out of and from Street, in the said borough, along the east side of the present messuage, dwelling-house, and lot of the' said C. D. Together with free ingress, egress, and regress to and for the said 0. D., his heirs and assigns, his and their tenants and under-tenants, occupiers, or possessors of the said C. D.'s messuage and ground contiguous to the said alley or passage, at all times and seasons for ever hereafter, into, along, upon^ and out of the said alley, in common with him, the said A. B., his heirs and assigns, tenants or occupiers of the said A. B.'s messuage and ground, ad- jacent to the said alUey. To have and to hold all and singular the privileges aforesaid to him, the said C. D., his heirs and assigns, to the only proper use and behoof of him, the said C. D., his heirs and assigns, for ever, in common with him, the said A. B., his heirs and assigns, as aforesaid; subject, nevertheless, to the moiety or equal half part of all necessary charges and expenses which shall from time to time accrue in paving, amending, repairing, and cleansing the said alley. In witness whereof, &c. Deed of the Right of Way, and of a Watercourse to a Street. This indenture, made the day of , one thousand eight hundred and , between M. S., of the City of Philadelphia, of the one part, and ^. A., of the City of Philadelphia aforesaid, of the other part : Whereas the said M. S. is seized in fee of a cer- tain lot of ground with the buildings thereon erected, bounded on the east by X Street, on the north by Y Street, on the west by Z Street, and on the south by a lot of ground belonging to the said W. A. : And whereas a certain street feet wide has been opened by the said M. S., for the use of his lot of ground above described, which extends from the said Y Street, at the distance of feet eastward of said Z Street, southward to within feet of the line of the said W. A.'s lot : And whereas the said M. S. has agreed to extend the said feet wide street to the line of ground of the said W. A., for the use and accommodation of the said W. A. : Now these presents witnesseth, that the said M. S., as well for and in consideration of the sum of one dollar, lawful money, to him paid by the said W. A. at the time of the execution hereof, the receipt whereof is hereby acknowledged, as for other good causes and considerations, doth hereby give and grant unto the said W. A., his heirs and assigns, owners and occupiers of the said ground, belonging to the said W. A. as aforesaid, the fuU right, liberty, and privilege of the said feet wide street, as and for a passage- way and watercourse leading into and from said street, and free ingress, egress, and regress into and along the same at all times hereafter for ever, in common with the said M. S., his heirs and assigns, owners, tenants, and occupiers of the ground bounding tho DB3DS. 385 same, so that the said W. A., his heirs and assigns, owners, tenants, and occupiers of the said lot of ground aJbove mentioned, shall at all times hereafter have and enjoy the free and uninterrupted right, liberty, and privilege of the said feet wide Street as and for a passage-way and watercourse into and from said Y Street, in common with the owners, tenants, and occupiers of the ground hounding the same as aforesaid. In witness whereof, the said pjirties to these presents have here- unto interchangeably set their hands and seals, the day and year first above written. Deed or Agreement to lay out and leave open an Alley across the rear ends of several adjoining Lots. This indenture, made the — > day of , A. D. one thou- sand eight hundred and , between G. W., of the City of Philadelphia, G-entlemau, of the first part, J. W., of thcsaid city, Cabinet-maker, of the second part, and J. B., of the District of Spring Garden, in the County of Philadelphia, Cabinet-maker, of the third part : Whereas the said G. W. is the owner in fee of inter alia three several lots of ground, (two of them being adjoining lots,) situated on the north side of A Street, and east side of B Street, in the said City of Philadelphia, each containing in breadth or front on A Street feet, and in length or depth feet, and the other of said lots situated on the north side of the said A Street, at the distance of feet west of C Street, containing feet in breadth or front on the said A Street, and in length or depth feet : And whereas the said J. W. is the owner, in fee, of a lot of ground on the north side of the said A Street, (adjoining the last-described lot on the east,) being at the distance of feet westward from the west side of C Street, containing in breadth or front on A Street feet, and in depth feet: And whereas the said J. B. is the owner, in fee, of a lot of ground on the north side of the said A Street, (adjoining the said last-de- scribed lot of J. W. on the east,) containing in breadth or front on the said A Street feet, and in depth feet, all of the said several described lots being contiguous and adjoining each .other : And whereas the said parties to these presents have mutually concluded and agreed with each other to lay out and leave open, over and across the rear ends of the westernmost four lots of ground above described, four feet in width, extending from B Street eastward feet in length, parallel with and at the distance of feet northward from the north side of the said A Street, as and for a passage-way and watercourse into and from the said B Street : Now this indenture witnesseth, that as well for and in consideration of the premises as of the sum of one dollar, lawful money, by each to the other paid at the time of the execu- tion hereof, the receipt whereof Is hereby acknowledged, they, the 25 386 DEEDS. said parties to these presents, for themselves respectively, their re- spective heirs and assigns, do, and each of them doth, covenant and agree, to and with the other and others of them, the said parties hereto, his and their respective heirs and assigns, that a strip of ground, four feet in width north and south by -, feet in length east and west, extending into and from the said B Street, shall, at all hereafter times, be and remain open as and for an alley, passage- way, and watercourse, for the mutual use and accommodation of al. the said five several contiguous lots of ground hereinbefore described, and of the respective owners and occupiers of the same. In witness whereof, &c. Deed of a Watercourse. This indenture, made the day of , in the year of our Lord one thousa,nd eight hundred and , between A. B., of »-, of the one part, and C. D., of -; , of the other part : Whereas the said A. B. and C. D., at the time of the sealing and delivery of these presents, are respectively seized in fee of and in two contiguous tracts, pieces, or parcels of land, with the appurte- nances, in the Township of aforesaid : And whereas there is a dam and race, or watercourse, built, erected, and made, in and upon a certain run or stream of water called , within the land of the said A. B., for watering, overfltwing, and improving of meadow-ground thereon : Now this indenture witnesseth, that the said A. B., for divers good causes and considerations, and more especially for and in consideration of the sum of one dollar,, to him in hand paid by the said 0. D., at or before the ensealing and delivery hereof, the receipt whereof he doth hereby acknowledge, hath granted, bargained, sold, released, and confirmed, and by these presents doth grant, bargain, sell, release, and confirm, unto the said C. D., and to his heirs and assigns,'all the water of the said run or stream of water, to be led and conveyed from the said dam, along the race or watercourse a,foresaid, into the said land of the said 0. D., for the space of three days in every week, to wit, from Wednesday evening at^sunset, to Saturday evening at sunset, from the first day of May to the first day of November, [or as the case may be,] yearly, and every year, for the watering, overflow- ing, and improving of meadow-ground on the land of the said C. D., together with free ingress, egress, and regress, to and for the said C. D., his heirs and assigns, and his and their workmen, with horses, carts, and carriages, at all convenient times andT seasons, through the land of the said A. B., his heirs and assigns, in and alongv the banks of the said dam and race, or watercourse, for the amending, cleansing, and repairing the same, with liberty and pri- vilege, for that purpose, to dig and take stones and earth from the adjacent land of the said A. B., when -^nd as often as need be, or ■occasion may require : To have and to hold all and singular the DEEDS. 387 premises and privileges, hereby granted, or mentioned, pr intended so to be, with the appurtenances, unto the said C. D., his heirs and assigns, to the only proper use and behoof of the said C. D., his heirs and assigns, for ever ; he or they paying one moiety or half part of the expenses, which from time to time may accrue, in sup- porting, cleansing, and repairing the dam and watercourse afore- said. In witness, &c. Ground-Rent Deed. This indenture, made the day of , in the year of our Lord one thousand eight hundred and , between W. E., of the City of Philadelpliia and State of Pennsylvania, Gentleman, and E. his wife, of the one part, and J. L., of the same city and state aforesaid. Bookbinder, of the other part: Witnesseth, that the said W. E. and E. his wife, as well for and in consideration of the sum of one dollar, lawful money, unto them, at ,or before the sealing and delivery hereof by the said J. L., well and truly paid, the receipt whereof is hereby acknowledged, as of the payment of the yearly rent and taxes, and performance of the covenants and agreements hereinafter mentioned, which, on the part of the said J. L., his heirs and assigns, is and are to be paid and performed, have granted, bargained, sold, aliened, enfeoffed, released, and confirmed, and by these presents, do grant, bargain, sell, alien, enfeoff, release, and confirm, unto the said J. L., his heirs and assigns, all that cer- tain lot or piece of ground, situate, [here insert the description of the premises and recite the title,] together with all and sin- gular the improvements, ways, streets, alleys, passages, waters, watercourses, rights, liberties, privileges, hereditaments, and ap- purtenances whatsoever unto the said hereby granted premises belonging, or in any wise appertaining, and the reversions and re- mainders thereof : To have and to hold the said described lot or piece of ground, hereditaments, and premises hereby granted, with the appurtenances, unto the said J. L., his heirs and assigns, to the only proper use and behoof of the said J. L., his heirs and assigns, for ever. Yielding and paying therefor and thereout, unto the said W. E., his heirs and assigns, the yearly rent or sum of one hundred and eighty dollars, lawful silver money of the United States of America, each dollar weighing seventeen pennyweights and six grains at least, in half-yearly payments, on the first day of the months of July and January in every year hereafter, for ever, without any deduction, defalcation, or abatement for any taxes, charges, or assessments whatsoever, to be assessed, as well on the said hereby granted lot as on the said yearly rent hereby and thereout reserved, the first half-yearly payment thereof to be made on the first day oi January, one thousand eight hundred and : And on default cf paying the said yearly rent on the days and times 388 DEEDS. and in manner aforesaid, it shall and may be lawful for the said W. E., his heirs and assigns, to enter into and upon the said hereby granted premises, or any part thereof, and into the buildings thereon intended to be erected; and to distrain for the said yearly rent so in arrear and unpaid, and to proceed ivith and sell such distrained goods and effects according to the usual course of dis- ,tresses for rent-charges. But if sufficient distress cannot be found upon the said hereby granted premises to satisfy'the said yearly rent in arrear, and the charges for levying the same, then and in such case it shall and may be lawful for the said W. E., his heirs and assigns, into and upon the said hereby granted lot and all im- provements wholly to re-enter, and the same to have again, repos- sess, and enjoy, as in his or their first and former estate and title in the same, and as though this indenture had never been made. And the said J. L., for himself, his heirs, executors, administrators, and assigns, doth covenant, promise, and agree, to and with the said W. E., his heirs and assigns, by these presents, that he, the said J. L., his heirs and assigns, shall and will Well and truly pay, or cause to be paid, to tfie said W. E., his heirs and assigns, the aforesaid yearly rent or sum of one hundred and eighty dollars, lawful silver money aforesaid, on the days and times hereinbefore mentioned and ap- pointed for payment thereof, without any deduction, defalcation, or abatement for any taxes, charges, or assessments whatsoever ; it being the express agreement of the said parties, that the said J. L., his heirs and assigns, shall pay all taxes whatsoever that shall here- after be laid, levied, or assessed, by virtue of any laws whatever^ as well on the said hereby granted lot and buildings thereon intended to be erected as on the said yearly rent now charged thereon. Also, that he, the said J. L., his heirs or assigns, shall and will, within one year from the date hereof, erect and build on the said hereby granted lot, a good and substantial brick building of sufficient value to secure the said yearly rent hereby reserved : [And further, the said J. L. doth hereby, for himself, his heirs, executors, administra- tors, and assigns, expressly waive, relinquish, and dispense, unto the said W. E., his heirs; executors, administrators, and assigns, all and every provisions and provision in the Act of Assembly, of the Commonwealth of Pennsylvania, passed on the ninth day of April,. A. D. 1849, entitled "An Act to exempt property to the value, of three hu&dred dollars from levy and sale on execution and distress for rent," so far as the same may exempt the said hereby granted lot, and any part thereof, and any buildings or improve- ments to be erected or placed thereon, from levy and sale, by virtue of any writ of execution that may be issued upon any judgment that may be obtained or entered in any action for the recovery of the rent hereby reserved, or hereby covenanted to be paid, and of any arrears thereof, and of the costs of such action and execution ; so that it shall be lawful for the said W. E., his heirs, executors, ad- minibtrators, or assigns, to proceed, by execution, to levy upon and DEEDS. 389 sell the said hereby granted lot of ground, and every part thereof, with the buildings and improvements as aforesaid, in the same manner, and to the same extent, and; to the same effect to all in- tents and purposes, as if the said Act of Assembly had not been passed:] Provided always, nevertheless, that if the said J. L., his heirs or assigns, shall and do at any time* pay or cause to be pai(| to the said W, E., his heirs or assigns, the sum of three thousand dollars, lawful money as aforesaid, and the arrearages of the said yearly rent, to the time of such payment, then the same shall for ever thereafter cease and be extinguished, and the covenant for payment thereof shall become void ; and then he, the said W. B., his heirs or assigns, shall and will, at the proper costs and charges in the law of the said grantee, his heirs or assigns, seal and execute a sufficient release and discharge of the said yearly rent hereby reserved, to the said J. L., his heirs and assigns, for ever, any thing hereinbefore contained to the contrary thereof notwithstanding. And the said W. E., for himself, his heirs, executors, and adminis^ trators, doth covenant, promise, and agree, to and with the said J. L., his heirs and assigns, by these presents, that he, the said J. L., his heirs and assigns, paying the said yearly rent, or extinguishing the same, and taxes, and performing the covenants and agreements aforesaid, shall and may, at all times hereafter for ever, freely, peaceably, and quietly have, hold, and enjoy, all and singular the premises hereby granted, with the appurtenances, and receive and take the rents and profits thereof, without any molestation, inter- ruption, or eviction of W. E., his heirs, or any other person or per- sons whomsoever, lawfully claiming, or to claim, by, from, or under him, them, or any of them, or by or with his, their, or any of their act, means, consent, or procurement. In witness, whereof, the said parties to these presents have here- unto interchangeably set their hands and seals the day and year first above written. 5i^-i> W.E. E. E. vJJSv'^ J. L. The part in brackets may be retained or left out, as desired or agreed upon. * See remarks on page 340, relative to the Act of Assembly of FennsylTania, of 22d April, 1850. 390 DEEDS. Deed of Release, or Extinguishment of Q-round-Rent. This indenture, made the day of , in the year of our Lord one thoTisand eight hundred and , between C. Y., of the County of , and State of Pennsylvania, Physician, and Z. his wife, of the one part, and J. B., of the County of , and state aforesaid. Attorney at Law, of the other part : Whereas the said C. Y. and Z. his wife, by indenture bearing date the day of , in the year of our Lord one thousand eight hundred and , recorded in the Office for Recording of Deeds, &c., for the County of — , in Deed Book R. L., No. 6, page 277, &c., granted and conveyed unto W. V., his heirs and assigns, all that certain lot or piece of ground, situate, [here describe the pre- mises,] reserving thereout to the said C. Y., his heirs and assigns, the yearly rent charge or sum of two hundred and forty dollars, lawful silver money of the United States of America, in half-yearly payments, on the day of the months of — and , in each and every year for ever, without any deduction for taxes or assessments : And whereas the said W. V. and wife, by indenture bearing date the — day of , in the year of our Lord one thousand eight hundred and , recorded in the aforesaid office, in Deed Book Gr., No. 4, page 19, &c., granted and conveyed unto the said J. B., his heirs and assign^, aU that the aforesaid cer- tain lot or piece of ground above particularly described, under and subject to the payment of the aforesaid certain yearly rent-charge or Slim of two hundred and forty dollars unto the said C. Y.,'his heirs and assigns : Now this indenture witnesseth, that the Said C. Y. and Z. his wife, for and in consideration of the sum oifour thousand dol- lars, lawful money of the United States of America, unto them in hand paid by the said J. B. at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, have granted, bargained, sold, released, and extinguished, and by these presents do grant, bargain, sell, release, and extinguish, unto the said J. B., his heirs and assigns, all that the aforesaid yearly rent-charge or sum of two hundred and forty dollars, chargeable on and half-yearly issu- ing and payable on the day of the months of and in every year, without deduction for taxes, out of all that the aforesaid lot or piece of/ ground %.bove particularly described, together with the rights, remedies, incidents, appurtenances, rever- sions, and remainders thereof, and all the estate, right, title, in- terest, property, claim, and demand of them, the said C. Y. and Z. his wife; at law and in equity, as well of, in, and to the said yearly rent-cha.l'ge, as of, in, to, and out of the said lot or piece of ground out of which the same is issuing and payable. To have and to hold the said yearly rent-charge, with the appurtenances, unto the said J. B., his heirs and assigns, to and for his and their only proper use and behoof for ever, so that the said yearly rent-charge shall from henceforth cease and for ever be extinguished. In witness whereof, &c. DEEDS. S91 Deed of Release of Q-round^Rent, hy Endonement. Know all men by these presents' that I, A. F., of the City of Philadelphia, send greeting : Whereas S. B., G. B., and E. I., the grantors within named, by deed poll bearing date the day of , 18 — , recorded in Deed Book — ■ , No. , page^ , &c., granted and assigned the within-mentioned and re- served yearly ground-rent or sum of three hundred dollars, unto the said A. F., her heirs and assigns, for ever : Now know ye, that the said A. F., for and in consideration of the sum oifive thousand dollars, lawful money of the United States of America, unto her in hand well a.nd truly paid by W. K., the grantee within named, at or before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, hath extinguished, remised, released, for ever quit-claimed, and by these presents doth extinguish, remise, release, and for ever quit-claim, unto the said W. K., his heirs and assigns, all that the within-mentioned and reserved yearly ground-rent or sum of three hundred silver milled dollars, issuing and payable out of all that the within-mentioned lot or piece of ground, [here de- scribe the premises,] bounded and being as the same is in and by the within indenture, under the hands and seals of the said S. B. and others, • more particularly set forth and described ; so that neither she, the said A. F., nor her heirs, nor any other person or persons whomsoever, lawfully claiming or to claim, by, from, or under her, or them, or any of them, shall, at any time hereafter, have, claim, challenge, or demand any estate, right of entry, or other right, rent, or rent charge, of, in, to, or out of the above- described lot of ground, or any part thereof ; but of and from all such, cla,ims and demands shall be utterly debarred, and for ever excluded by virtue of these presents. In witness whereof, the said A. F. hath hereunto set her hand and seal, this day of , A. D. 18 — . Deed to Bar an Estate Tail. [Under Act of Assembly of the 16th January, 1799. 4 Dal. 821 ; 3 Smith, 838.] This indenture, made the day of , A. D. one thou- sand eight hundred and , between E. S. and M. S. his wife, late M. C, only child and heir of the body of M. C. C, formerly M. C. 0., one of the devisees named in the last will of J. 0., for- merly of the City of , in the Commonwealth of Pennsyl- vania, deceased, of the one part, and J. 0., Jr., of the same city, of the other part ; Witnesseth, that the said E. S. and M. his wife, for and in consideration of the sum of one dollar, lawful money of the United States of America, to them well and truly paid by the said J. 0., Jr., at the time of the execution hereof, the receipt whereof is hereby acknowledged, and for the purpose of debarring and destroying, and with the intention hereby to debar and destroy, 392 DEEDS. all estates tail, posisessipn, remainder, or reversion that .the said M. S. or the said M. S. and the said E. S., in her right, have or are entitled to, in all and singular the lands, and tenements, real estate and premises hereinafter described and mentioned, and in pursuance and by virtue of an Act of the General Assembly of the said commonwealth in such case made and provided, entitled " An Act to facilitate the barring of entails," have, and each of them hath, granted, bargained, sold, aliened, enfeoffed, released, and con- firmed, and by these presents do, and each of them doth, grant, bar- gain, sell, alien, enfeoff, release, and confirm, unto the said J. 0., Jr., and his heirs, all those messuages, m^anots, lands, lots, pieces, and parcels of lands, tenements, hereditaments, and real estate what- soever of her, the said M. S., and of him, the said E. S., in her right, situated, lying, and being in the City of — aforesaid, and elsewhere in the State of Pennsylvania, and particulg-rly or generally described in the last will and testament of the said J. 0.^ and generally all the real estate formerly the estate of J. 0., late, of the City pf , deceased, sitiiated in the State of Pennsyl- vania, and which, by his last will, dated the day pf , A. D. one thousand eight hundred and , duly proved and remaining in the Register's ofiSoe in and for the County oJF , aforesaid, was devised to the said M. C. C, his daughter, or any other person or persons in* trust to and for the use of his said daughter, the said M. C. C, and which, upon the death of her, the said M. C. C, levying her, the said M. S., her only child, sflrviving her, descended, came, or paissed,; either in law or equity, to her, the said M. C, now M. S., in fee simple, fee tail, or otherwise soever, in possession, remainder, or reversion, or how otherwise soever ; and also all the lands, tenements, hereditaments, and rea,l estate (parts and parcels of the residuary real estate of the said J. 0., deceased) which were granted and conveyed to the said M. S., her heirs and assigns, by D. S.S. and H. C, surviving Executors of the said J. 0., deceased, by an indenture bearing date the day of » — , now last past, and in the same indenture is par- ticularly mentioned and described. Together with all and singular the rights, members, liherties, privileges, hereditaments, and appur- tenances whatsoever, to the hereby granted premises, or any part thereof, belonging or m any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof ; and also all the estate, right, title, interest, property, claim, and demand whatso- ever of the said B. S. and M. S. his wife, or either of them, at law, in equity, or otherwise howsoever, of, in, and to the same, and every part thereof. To have and to hold all and singular the heredita- ments and premises hereby granted, or mentioned and intended so to be, with the appurtenances, to the said J. 0., Jr., and his heirs, to and for his and their only proper use and behoof for ever ; in trust, by a good and sufficient deed of conveyance, immediately after the delivery of these presents, to grant and convey the same pre- SEEDS. 393 mises to the said M. S., her heirs and assigns, to and for her and their only proper use and behoof for ever. In witness whereof, &c. On the back of the Deed should be made the declaration of M. S., and her ac- knowledgment of the declaration, as on page 32, which see. Form of Record for the above Deed. E. S. and M. S. J. and M. S. ) to > 0, Jr. j Deed to Bar Entail. And now, the day of , A. D. one thousand eight hundred and , A. B., Esquire, one of the Attorneys of this Court, produces in open court a deed indented, bearing date the day of , A. D. ', between E. S. and M. S., of , in , of the first part, and J. 0., Jr., of — , ■, of the second part, for conveying unto the said J. 0., Jr., of the second part, as well in consideration of the sum of dollars as for the purpose of barring and destroying all estates tail of the said B. S. and M. S. in the premises, to wit, all that, [here describe the property,] subject, &c. ; by which indenture it is fully declared to be the intention of the said grantors to bar, defeat, and destroy all estate tail of E. S. and M. S. in the afore- said premises. And, on motion of the said A. B., one of the At- torneys of the said Court, the same was ordered by the Court to be entered among the records thereof, in the manner commonly used with respect to sheriffs' deeds, according to the provisions of the Act of Assembly relating thereto, entitled " An Act to facilitate the barring of entails ;" which is accordingly done.* Certificate to he Endorsed upon the above Deed. Commonwealth of Pennsylvania, ss. Be it remembered, that in the Supreme Court of the said com- monwealth, held at , before the Honorable Jeremiah S. Black, Chief Justice, and his Associates, Judges of the said Court, on this day of , A. D. one thousand eight hundred * lu accordance with the Act of Assembly to bar estates tail, above referred to, a conveyance made under said act, being first proved or acknowledged, agreeably to the laws of Pennsylvania, must, on motion in open court, be entered on the records of the Supreme Court, or Court of Common Pleas for the county in which the said lands so granted lie, in the manner commonly used with respect to she- riffs' deeds ; and must also be recorded, within six months next after the execu- tion of the said conveyance, in the county where the said lands or tenements so granted lie. 394 DEEDS. and , the ■within deed of conveyance was duly produced ; and on motion of A. B., Esquire, one of the Attorneys of the said Court, the same was ordered on the records thereof, in pursuance of the Act of Assembly of the said commonwealth, entitled " An Act to facilitate the barring of entails," in the manner commonly used with respect to sheriffs' deeds ; which was accordingly so done in Sheriffs' Deed Book , page , &c. ^%xxjtf In testimony whereof, I have hereunto set my hand and _,.-s^^_ afiBxed the seal of the said Court, at , this day of , A. ,D. one thousand eight hundred and . CD., Prothonotary of S. Q. Deed made ip, pursuance of Order of Orphans' Court, authorizing Private Sale of Meal Estate under the Act of \8th April, 1853. This indenture, made the 7th day of October, in the year of our Lord one thousand eight hundred and fifty-six, ^)etween J. T. and W. R. T., executors of the last will and testament of J. H. McC, late of Salem, in the county of Salem, in the State of New Jersey, widow, of the one part, and J. K., of the , ward of the city of Philadelphia, in the State of Pennsylvania, gunsmith, of the other part: Whereas, at an Orphans' Court held at Philadelphia, for the city and county of Philadelphia, on the first day of August, one thousand eight hundred and fifty-six, the petition of the said J. T. and W. fi. T., executors aforesaid, was presented, setting forth [here insert the title, &c., as set. forth in the petition] : that an offer had been made by J. K., who at that time occupied the premises hereinafter described, to purchase the same at private sale at the price or sum of twelve thousand dollars,, subject to the ground-rent aforesaid, [or as the case may be,] provided an order or decree could be obtained from the said Court, authorizing the sale thereof. That they believed the price or sum so offered was satisfactory to all those interested in the said real estate who were of full age, and to the guardian of the said minor. That it was a better aftd higher price than could be obtained at public sale, and that it was for the interest and advaiitage of those interested therein that the same should be sold accordingly, and that it might be done without injury or prejudice to. the trust or purpose for which the same was held [or as the case may be]. And praying the said Court f(^ an order and decree authorizing them to grant and convey to the said J. K. in fee the premises hereinafter de- scribed, subject to the payment of the said yearly ground-rent, [or as the case may be,] for the said price or sum of twelve thousand dollS/rs, agreeably to the provisions of the Act of the General Assembly of the Commonwealth of Pennsylvania, approved the eighteenth day of April, one thousand eight hundred and fifty- three. DEEDS. 395 Whereupon the said Court referred the said petition to J. P., Esquire, as Master, to report thereon. And whereas, at an Orphans' Court, holden as aforesaid, on the nineteenth day of Sep- tember, one thousand eight hundred arid fifty-six, the said J. P. presented his report, setting forth, &c., [here recite whatever may be necessary from the report of the Master]. Whereupon the said Court the same day approved the said return of the said master, and authorized a sale of the said premises as prayed for in the above recited petition. And the said J. T. and W. R. T. have since duly entered security as required by law : as in and by the records and proceedings of the said Court, relation being thereto had, will more fully appear. Now this indenture witnesseth, that the said J. T. and W. R. T., executors aforesaid, for and in consideration of the said sum of twelve thousand dollars, lawful money of the United States of America, unto them at or before the sealing and delivery hereof by the said J. K. well and truly paid, the receipt whereof is hereby acknowledged, have granted, bargained, sold, aliened, enfeoffed, released, and confirmed, and by these presents, in pursuance and by force and virtue of the decree of the Orphans' Court aforesaid, and of the Act of the General Assembly of the Commonwealth of Penn- sylvania, in such case made and provided, do grant, bargain, and sell, alien, enfeofi", release, and confirm unto the said J. K. and to his heirs and assigns, all that certain messuage or tenement and lot or piece of ground situate, &c., [here describe the premises,] together with the use and privilege of the said alley, and of ingres.>, egress, and regress into, along, up, and out of the said alley, and together with all and singular the buildings, improvements, ways, streets, alleys, passages, waters, watercourses, rights, liber- ties, privileges, hereditaments, and appurtenances whatsoever thereto belonging or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof, and all the estate, right, title, interest, property, claim, and demand whatsoever which was of her, the said J. H. McC, at and immediately before the time of her decease, and now is of them, the said J. T, and W. R. T., executors aforesaid, in law, equity, or otherwise howso- ever, of, in, and to the same, to have and to hold the said mes- suage or tenement and lot or piece of ground above described, hereditaments and premises hereby granted or mentioned, and in- tended so to be, with the appurtenances, uijto the said J. K., his heirs and assigns, to and for the only proper use and behoof of the said J. K., his heirs and assigns for ever : under and subject nevertheless to the payment of the aforesaid yearly ground-rent or sum of seven pounds ten shillings, as the same shall hereafter grow due and payable [or as the case may be]. And the said J. T. and W. R. T., for themselves, their heirs, executors, and adminis- trators, severally and not jointly, do covenant, promise, and agree to and with the said J. K., his heirs and assigns, by these presents, 396 DEEDS. that they, the said J. T. ar.d W. R. T., executors aforesaid, have not done or committed, or willingly or wittingly caused or suffered to be done or committed, any act, matter, cause, or thing whatsoever, whereby or by reason whereof the hereby granted premises or any part thereof now are or is, or at any time hereafter can or may be, impeached, charged, or encumbered in title, charge, estate, or otherwise howsoever. In witness- whereof, the said parties have interchangeably set their hands and seals, dated the day and year first above written. Sealed and delivered \ m presence of us, J A, B. CD. J. T. W. R. T. Philadelphia County, ss. The seventeenth day of October, A. D. 1856, before me, the sub- scriber, an alderman in and for the city of Philadelphia, came the above-named J. T. and W. R. T., and in due form of law acknow- ledged the above written indenture to be their and each of their act and deed, and desired the same might be recorded as such. Witness my hand and seal, the day and year above said. J. B. K. . Alderman. City and County of Philadelphia, ss. I, W. J. J., Deputy Clferk of the Orphans' Court for the County of Philadelphia, do hereby certify that at an Orphans' Court holden at Philadelphia, for the city and county of Philadelphia, on the seventeenth day of October, one thousand eight hundred and fifty- six, the sale of the abbve described and granted premises as above recited and set forth, was ratified, approved, and confirmed, and ordered by the said Court to be and remain firm and stable unto J. K., the grantee above-named, his heirs and assigns for ever. And on the seventeenth day of October, one thousand eight' hun- dred and fifty-six, at and before the said Orphans' Court, the above-writtpn indenture was in due form of law acknowledged by DEEDS. 397 J. T. and "VV. R. T., the grantees therein named, to be their act and deed, and security has been duly entered. o^M;^ In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court, this seventeenth day of October, one thousand eight hundred and fifty- six (1856). W. J. J., Be'p. GVk. 0. a Sheriff's Deed under Order of Sale in Partition. I, S. A., High Sheriff in and for the City and County of Phila- delphia, in the State of Pennsylvania, to all to whom these pre- sents shall come, send greeting : Whereas, ' a certain writ of breve de partitione facienda, lately issued out of the District Court for the City and County of Philadelphia, tested at Philadelphia the first day of December, Anno Domini 1854, and to me directed at the suit of W. M. S., in order to have inter alia the three story brick messuage or tenement and lot or piece of ground hereinafter particulai'ly described, and granted, parted, and divided between him, the said W. M. S., and J. S. and G. S., minor children, by their guardian, J. W., to wit. Number Two (No. 2), all that certain [here insert the description of the premises]. And whereas, I returned to the Judges of the District Court for the City and County of Philadelphia, that in obedience to the said writ I had gone with twelve honest and lawful men of my bailiwick to the tenements and premises in the said writ described with the appur- tenances, the parties to said writ having been warned and as many as chose to be there being present, which twelve honest and lawful men, upon their oaths and affirmations, respectively did say that the said lands and tenements could not be divided without preju- dice to or spoiling the whole, and therefore they had valued and appraised the said lands and tenements in the said writ described, as follows, to wit, Number' One (N0..I), at five thousand five hun- dred dollars, and Number Two (No. 2J at two thousand dollars, subject to the said ground-rent [or as the case may be] mentioned in the above recited writ, lawful money of Pennsylvania: And whereas, the said parties declined and refused to take the lands and tenements in the said writ described with the appurtenances, at the appraised value, as appears of record in the said Court: Whereupon the return to the said writ of partitione facienda was approved of by the Judges aforesaid, demandant aforesaid prayed that the premises be sold agreeably to the Act of Assembly in such case made and provided, and it was accordingly ordered by the said Judges that the lands and tenements in the said writ de- scribed, with the appurtenances, be sold at public vendue, agree- ably to the Act of Assembly, after notice and advertisements twenty days previous thereto. Wherefore, by a certain order ot 398 DEEDS. sale issued out of the said Court, to me directed, bearing teste the first day of February, Anno Domini 1855, I was commanded that the lands and tenements in the said writ described, with the appur- tenances, I should expose to sale at public vendue, having first given due, fair, and legal notice of the time and place of sale thereof, agreeably to the directions of the said Act of Assembly, and the order of Court thereon, and the money arising from the said sale or suflSeient sureties therefor, to the satisfaction of all parties concerned, I should bring into the said Court to be held at Philadelphia the first Monday of March then next, to be dis- tributed and paid by order of said Court to and among the several parties entitled to receive the same in lieu (3f their respective parts and purparts of the premises in the said writ described, with the appurtenances, aooordiiig to their just rights and proportion, and to abide such further order as should be made by the said Court -in the premises, and that I should have then and there the said writ. And whereas^ I, the said Sheriif, in obedience to the Jast recited writ or order of sale, after having given due, fair, and legal notice, 'accoi:dih'g to the directions thereof^'of the time and place of sale twenty days previous thereto, by advertisements in the pubhc newspapers and by, hand-bills set up in the most public places in my bailiwick, did, on Monday, the thirij day of October, in the year of our Lord 1855, at half-past five o'clock in the eve- ning, at Sansom Street Hall (Sansom Street, between Delaware Sixth and Seventh, and Chestnut and Walnut Streets), in the City of Philadelphia, expose inter alia the said three story brick mes- suage or tenement and lot or piece- of ground herein above particu- larly described, with the appurtenances, to sale by public vendue or outcry, when and where I sold the same to T. M.. D., of the said City of Philadelphia,, in the State aforesaid, hatter, for the price or sum of one thousand and twenty-five dollars, he being the highest and best bidder, and that the highest and best price bidden for the same. Now, know ye, that I, the said S. A., High Sheriff as aforesaid, for and in consideration of the said sum of one thousand and twenty-five dollars, lawful money of the United States of America,- to me in hand well and truly paid by the said T. M. D., at or before the sealing and delivery hereof, the receipt whereof I do hereby acknowledgCj have granted, bargained, and sold, and by these presents according to the direp- tions of the said last recited writ or order of sale, and by force and virtue thereof, and of the constitution and laws of this Com- monwealth, in such case made and provided, do grant, bargain, and sell unto the said T. M. D., his heirs and assigns, all that the aforesaid certain three story brick messuage or tenement and lot or piece of ground, [description down to recital,] together with the free use and privilege of the said Myrtle Street as a passage way and watercourse, at all times hereafter for ever, and together with all and singular the buildings, improvements, ways, streets, alleys, DEEDS. 399 passages, waters, watercourses, rights, liberties, pri< ileges, heredi- taments, and appurtenances whatsoever, thereunto belonging or in any wise appertaining, and the reversions and remainders, rents, issues, and profits thereof: And also, all the estate, right, title, interest, property, claim, and demand whatsoever of them, the said W. M. S., J. S., and G. S., minor children as aforesaid, by their guardian, J. W., either at law, in equity, or otherwise how- soever, ofj in, and to, or out of, the same and every part and parcel thereof, to have and to hold all and singular the heredita- ments and premises above particularly described and hereby granted or mentioned or intended so to be, with the appurte- nances, unto the said T. M. D., his heirs and assigns, to and for the only proper use and benefit and behoof of the said T. M. D., his heirs and assigns for ever, according to the form, force, and effect of the laws and usages of this Commonwealth, in such case made and provided. In witness whereof, I, the said Sherifi", have hereunto set my hand and seal, this twenty-eighth day of March, in the year of our Lord one thousand eight hundred and fifty-five (1855). S. A. Sheriff. A Short Form of a Gfeneral Warraitaty Deed, ly Susband and Wife, with Covenants. This indenture, made the day of , A. D. one thousand eight hundred and , between A. B., of , and M., his wife, of the first part, and C. D., of , of the second part : Witnesseth that the said party of the first part, in consideration of dollars to them in hand paid by the said party of the second part, the receipt whereof is - hereby acknow- ledged by the party of the first part, do give, grant, sell, anc^ convey unto the said party of the second part, all that, &c., [here describe the premises fully, and insert recitals of title.] Together with all and singular the rights, liberties, privileges, hereditaments, and appurtenances whatsoever thereunto belonging, and the rever- sions and remainders, rents, issues, and profits thereof; and also all the estate and interest whatsoever of them, the said party of the first part, in law or equity. To have and to hold the same to the party of the second part, his heirs and assigns for ever. And the said party of the first part do hereby covenant with the said party of the second part, his heirs and assigns, that they the said party of the first part are lawfully seized in fee of the premises ; that they are free from all incumbrances ; and that they have a good right to sell the same as aforesaid ; and that they will warrant and defend the same to the said party of the second part, his heirs and assigns, against the lawful claims and deminds of all persons. 400 DEEDS. In witness whereof, the said party of the first part have hereunto Bet their hands and seals the day and year first above written. Signed, sealed,, and delivered 1 in presence of J G. H. 4iS^4 A. B. M. B. Form of a Massachusetts Deed. m Know all men by these presents, that I, A. B., of — consideration of — ■. dollars to me paid by C. D., of , the receipt whereof is hereby acknowledged, do give, grant, sell, and convey unto the said G. D. all that, &c., [here describe the premises.] To have and to hold the same to the said 0. D., his heirs and assigns, to their use for ever. And I covenant with the said C. D., his heirs and assigns, that I am lawfully seized in fee of the premises ; that they are free from all incumbrances ; that I have good right to sell the same as aforesaid ; and that I will warrant and defend the same to the said C. D., his heirs and assigns, against the lawful claims and demands of all persons. [If the wife is to join in the deed, add after the words " all persons" the following, viz. : And 8., the wife of A. B., in con- sideration of , to her in hand paid, the receipt whereof she doth hereby acknowledge, doth release to the saidO.D., his heirs and assigns, all her; right and title of dower in the aforesaid granted premises^] In testimony whereof I, the said A. B., \^and S., my wife\ hath [or have'\ hereunto set my [or our'\ hand [or hands'l and seal [or seals] this day of , A. D. 18^ — , Signed^ sealed, and delivered "I in presence of / • E. F. G. H. A. B. S. B. DEPOSITION. 401 DEPOSITION. A Deposition is the testimony of a witness reduoed to ■writing in due form of law, taken by virtue of a commission or otlier authority of ,a competent tribunal. Depositions in criminal cases cannot be taken without the consent of the defend- ant. ] Phil. Ev. 286; 1 Vern. 413, note ; Ayl. Pand. 206 ; 7. Vin. Ab. 563 ; 12Vin. Ab. 107, &c. Rules of court generally provide that either party may at any time enter a rule to take the depositions of witnesses, upon reasonable notice to the opposite party. By an Act of Assembly of Pennsylvania of the 26th February, 1831, Pamph. L. 1292, in all cases where a deposition is to be taken upon a commission, or on a rule of court, or of a Justice of the Peace, the individual authorized to take the deposition may issue a subpoena for any witness namedf, and compel his attend- ance by attachment, or commit him to prison if .he refuses to testify. Where a witness resides beyoUd the limits of (Jie state, a commission may be issued upon interrogatories filed. [For which see " Commission," page 193.] The rules of court of the several judicial districts of this Commonwealth regu- late the modes and time of service in taking depositions. A notice to take depositions should have sufficient certainty, as to time and place, to enable the opposite party to attend without any estraordinary search. 8 Bin. 139. The hours btetween which a deposition is to be taken, must be named, and it cannot legally be taken at any other time, unless by consent of the parties, which should be made to appear. The person before whom depositions are to be taken, has no power to adjourn from time to time without consent and without notice. 6 S. & B. 70. It must particularly appear in the certificate when and where the depositions were taken. 4 W. C. C; R. 186. A deposition taken in pursuance of a rule of court cannot be read in evidence, unless it appear by the certificate of the Justice that it was taken at the time and place mentioned in the notice. 4 W. & S. 113; At the time and place named in the notice, the witness, before his deposition is taken, should be sworn or affirmed to declare the truth, the whole truth, and nothing bai the truth. The deposition should be written by the commissioner ap- pointed to take it, or by the witness himself, (3 Penna. R. 41,) or by one not in- terested in the matter in dispute, who is properly authorized by the commissioner. 8 Watts R. 406. 524. flfhen a deposition is taken before a Justice on interrogatories, it is the duty of the Justice to put the interrogatories severally to the witness, and to obtain dis- tinct answers to each. 4 S. & R. 298. A deposition taken before a Justice under a rule, ought to be reduced to writing, from the mouth of the witnesses in the presence of the Justice. 12 S. & R. 405. In case of difference of opinion in taking down the words of the witness, the Justice should decide. 12 S. & R. 410. If a deposition be drawn by an attorney, agent, party, or relation of a party, having or feeling an interest in the cause in which it is to be read, it is good ground for rejecting it. 3 P. R. 41. A deposition drawn up privately, by one of the counsel in the cause, from the mouth of the witness, and afterwards sworn to before a justice, under a rule to take depositions, is not admissible in evidence. 12 S. & R. 406. A deposition should be signed by the witness and by the commissioner ; when the witness cannot write, it should be so stated, and he should affix his mark or cross. Witnesses subpoenaed though not examined, and examined though not subpoe- naed, are entitled to payment of their fees. 1 Bin. 46. The claim of a vritness for his fees is single and separate, and, although he testifies in many prosecutions, he is entitled to but one compensation. If he ap- pear for both parties, he should elect to which he will recur for payment, and then be bound by his selection. 1 Ash. 266. 26 402 DEPOSITION. In an action by a witness to recover his fees from the party hy -whom he was Bubp(£naed, parol evidence of hi^ attendance and examination before the court is admissible. 16 Johns. 260. As to depositions'in civil cases in the United States Courts, see the Act of Con- gress of 24th September, 1789, s. 3 ; 1 Story's L. U. S. 64. Also Act of Congress of 24th January, 1827, 3 Story's L. U. S. 2040. Caption of Deposition under a Rule of Court. Deposition of witnesses produced, sworn, [or affirmed,'] and ex- amined by me, the day of , A. D. , at my office at , between the hours of A. M., and P. M., by virtue of the annexed rule of Court of , and notice hereto attached^ for the examination of witnesses in a certain cause depending in said Court, wherein A. B. is plainti£F, and 0. D. is de- fendant. E. F., aged years, or thereabouts, of , being pro- duced, sworn, and examined, on the part of the , deposeth as follows, &c. [Here insert the testimony of the witness as nearly in his own words as may be. If he should testify in relation to any paper or exhibit, it should be entered in the deposition thus, " The ' witness being shown the paper marked ' A,' hereto attached, deposes and says, ^e. ;" and before the paper is attached to the deposition it should be endorsed thus, " This is the paper ' A' referred to by the witness , on his examination before me, this day of , A. D. 18 — ," with the signature of the commissioner affixed.] And further saith not. his E. E. [or IJ. + E.] mark The testimony of such other witnesses as may be produced having been taken as above, all of the papers should be attached to the deposition, rule of court, and notice, and the Justice should, at the foot of the deposition, give a certificate in the following form. I hereby certify that the above witness [or witnesses] was [or were] duly qualified and examined at the time and place stated in the above caption, and subscribed Ms [or their] deposition [or depo- titions] in my presence. L. M., Justice of the Peace. DISCHARGE. 403 DEPUTATION. Deputation is the act by -vrhich a substitute or representative is appointed. A Deputy is one authorized by an officer to exercise the office or right which said officer possesses, for and in place of the latter. In general, ministerial officers can appoint deputies, (Com. Dig. Officer, D. 1 ;) but where the office partakes of a judicial as well as ministerial character, although a deputation maybe made for ministerial acts, one cannot be made to authorize the performance of a judicial act ; thus, a Sheriff cannot appoint a deputy to hold an inquisition under a writ of inquiry, though he may to serve a writ. In general, a deputy has power to do every &ct which his principal might do, but he cannot appoint a deputy. A deputy should always act in the name of his principal, who is liable for the deputy's acts, per- formed by him as such, and for the neglect of the deputy. Davies' Ab. vol. 3, c. 76, a 2. And the deputy is liable himself, to the person injured, for his own tortious acts. Davies' Ab. Index, h. t. ; Com. Dig. Officer, D. ; Vis. B. ; 7 Vin. Ab. 656 ; Arch. Civ. PI. 68; 16 John. R. 108. An agent, ordinarily, and without express authority, or a fair presumption of one, growing out of the particular transaction or the usage of trade, has not power to employ a sub-agent to do the business, without the knowledge or con- sent of his principal. 2 Kent's Com. 633 and note. Deputation to a Deputy Register. To all to -whom these presents shall come, I, , Eegister for the Probate of Wills and Granting Letters of Administration in and for the County of and Commonwealth of Pennsylvania, send greeting : Know ye, that, reposing especial trust and confidence in the pru- dence, integrity, and abilities of , I have appointed and de- puted, and do hereby appoint and depute him, the said , to be Deputy Register for the said county, with power to officiate in the Register's office of the said county, in my absence, and take probate of wills, grant letters of administration, and to do whatso- ever else by the laws of the state appertains to my said office ; hereby ratifying, allowing, and holding for firm all and whatsoever my said deputy may lawfully do in the premises by virtue of this deputation. In testimony whereof, I have hereunto set my hand and affixed the seal of said office, the day of , A. D. . DISCHARGE. A DisOHARSB is the act by which a person in confinement under some legal process,, or held on accusation of some crime or misdemeanor, is set at liberty. The writing containing the order for his being so set at liberty is also called a Discharge. The discharge of a defendant in prison under a ea. m. , when made by the plaintiff, has the operation of satisfying the debt, the plaintiff having no other remedy, (4 T. R. 526 ;) but when the discharge is in consequence of the insolvent laws, or the defendant dies in prison, the debt is not satisfied. In the case of discharge by the insolvent laws, the plaintiff has a remedy against the property of the defendant acquired at any time ; and, in case of death in prison, against the executors or administrators of the debtor. Bac. Ab. Execution, D. ; Biugh. on Execu. 266. 404 DIVORCE. Discharge of Insolvent Dehtorfrom Arrest. A.B. V. CD. } Discharge C. D., the , defendant above named,, he having given bond to the said plaintiff, with surety approved by me, the subscri- ber, Presidei^t Judge of the Court of Common Pleas of the County of , agreeably to the provisions of an Act of Assembly passed on the day of , A. D. , on paying jail fees, if any be due. Witness my hand, this day of -, A. D. ■. The above Discharge may be endorsed on the execution. Discharge of Prisoner charged with a Criminal Offence. Discharge out of your custody the body of A. B., if detained, for no other cause than that mentioned in my warrant of the day of last past, I having taken sureties for his appearance at the next Court of General Quarter Sessions of the Peace, to. be held in , for the County of , to answer the complaint therein mentioned* And for your so doing, this shall be your suffi- cient warrant. Given under my hand and seal, the day of , A. D. . DIVORCE. A tivoKOE is tne dissolution of the bonds of matrimony, or tne separation of husband and wife, by the judgment of a court of competent jurisdiction or by an act of the legislature. Divorces are of two kinds : 1. The divorce a vinculo matrmonii, [from the bond of matrimony,] which dissolves and totally severs the marriage tie ; and, 2. The divorce a mensa et thoro, [from bed and board,] wMch merely separates the parties. In most of the TTnited States, divorces avinwlo matrimonii a^e granted by the state legislatures for causes deemed sufficient by the members, provided no con- stitutional provision precludes it; and they are also granted by the courts to which such jurisdiction is given, for causes set forth by the Act of Assembly. In Pennsylvania, the legislature is restricted, under the State Constitution, to those eases of divorce in which the courts of the Commonwealth have not juris- diction ; and it has been, decided by the Supreme Court that an act of the state legislature, granting a divorce where the courts hpive jurisdictioiti is null and void. (See Jones y. Jones, 2 Jones, 360.) The counts, in, this, stq.tie, ha,ve jurisdiction in the following causes, viz. : — 1. Impotency at the time of contract ; 2, EAQwin^ly DiVORCB. 405 entering into a second marriage, in ■violation of tlie previous vow ; 8. Adultery j 4. Wilful and malicious deBertion and absence from the habitation of the other, ■without a reasonable cause, for and during the space of two 'years ; 5. Cruel and barbarous treatnient, endangering the wife's life; 6. Indignities offered to her pel-son, ao as to render her condition intolerable and life burdensome, and thereby forcing her to withdraw from his house and family ; or, 7. Consanguinity or affinity ■within the table established by law, which renders marriage void ab initio, if a di- vorce be obtained befftre tiie death of either party. Act of 1815, sec. 5. Before the Act of Assembly of 26'th April, 1850, it was required that the cause of divorce should have oceurrad within the state, and no proceeding could be commenced for wilful and malicious desertion till the full period of two years had elapsed after such dese'rtioh had taken place. By the said Act of Assembly of 1850, the law is so changed as to enable the courts to entertain jurisdiction of all causes of divorce for desertion as aforesaid or adultery, notwithstanding the parties were, at the time of the occurrence of said cause, domiciled in another state; but, as pro- vided by previously existing laws, no such divorce can be granted unless the ap- plicant therefor is a oitizeti of this state, and has resided herein for the term of one year. The same Act also pYo'vides that either party, for the cause of wilful, ma- licious, and continued deser^on from the habitation of the other, may apply, in such case, by petition or libel, to the proper court, in accordance ■with the pro^vi- sions of the several Acts of Assembly then in force, at any time not less than six monthE after such cause of divorce shall have taken place ; but the said court cannot proceed to make a final decree, divorcing the said parties from the bonds of matrimony, iiutil after the expiration of two years from flie time at which such desertion took place. A wife may file her bill for a divorce a vinculo matrimonii, under the Act of 1 81 5, or for a divorce a mensa et thoro and alimony, under the Act of 1817, at her elec- tion. 1 Watts, 263 ; 3 S. & E. 248. If any husband maliciously either abandon his family, or turn tis wife out of doors, or by cruel and l^arbarous treatment en- danget her life, or offer such inffignitiea to her person as to render her condition intolerable or life burdensome^ and thereby force her to withdra^w from his house and family, the Court of Common Pleas of the respective counties may, upon com- plaint and due proof thereof, made in the manner prescribed, grant the ■wife S divorce from bed and boafd, and allow her such alimony as her husband's cir- cumstances will admit of, so as the same does not exceed the third part of the annual profit or income of his estate or of his occupation and labor, which shall continue until a reconciliation shall take place, or until the husband shall, by his petition or libel, offer to receive and cohabit vrith her again, and to use her as a good husband ought to do ; and then, in such case, the court may either suspend the aforesaid sentence or decree, or, in case of her refusal to return under the protection of the court, discharge and annul the same, according to their discre- tion ; and if the husband fail in performing his said offers and engagements, the former sentence or decree may be revived and enforced, and the arrears of the alimony may be ordered to be paid. No appeal lies from the final decree of a court having competent jurisdiction in cases of divorce, after the expiration of one year from the time of pronouncing the said final sentence or decree. Act of 8th February, 1819, sec. 1. Becrimination, condonation, or connivance, are good defences to suits for the cause of adultery. A wife or husband having been guilty of the crime of adultery, shall not marry the person with whom the said crime was committed during the life of the former wife or husband, and an adultress so living cannot alien her real property. Act of i3th March, 1815, sees. 7, 9, and 10. Petition for Divorce from the Bond of Matrimony/, for Desertion. To the Honorable the Judges of the Court cf Common Pleas for the County of . The petition [or libel] of John Jones, of , Carpenter, [or Mary Jones, of , &«/ her next friend William Burns,] re- spectfully sho'weth : That your petitioner [or Uhellant] was, on the day of '■ A. D. , lawfully joined in marriage with Mary Burns, his present wife, [or John Jones, her present 406 DIVORCE. husband,'] and from that tjme until the day of , - A. D. , lived and cohabited with her, [or him,'] and hath in all' respects demekned himself [or herself] as a kind and affectionate husband, [or wife ;] and, although by the laws of God, as well as by the mutual vows plighted to each other, they were bound to that uniform constancy and regard which ought to be inseparable from the marriage state, [t] yet, so it is, that the said Mary, [or John Jones,] in violation of her [or his] marriage r&w, from the ■ day of , A. D. , hath wilfully and maliciously deserted and absented herself [or himself] from the habitation of this peti' tioner [or libellant] without any just or reasonable cause, and such desertion hath persisted in for the term of ^ and upwards, and yet doth continue to absent herself [or himself] from the said petitioner, [or libellant :] Wherefore, your petitioner [or libellant'] further showing that he [or she] is a citizen of the Commonwealth of Pennsylvania, and hath resided therein for more than one whole year previous to the filing of this his [or her] petition, [or libel,] prays your Honors that a subpoena may issue in due form of law, directed to the said Mary, [or John Jones,] commanding her [or hirri] to appear in this honorable Court, at Term next, to answer the complaint aforesaid: And also, that a decree of this honorable Court may be made for the divorcing of him, [or her,] the said John Jones:, [or Mary,] from the bond of matrimony, as if he [or she] had never been married. And he [or she] will pray, &c. JOHN JONES, [Or, Maky Jones, by her next friend WILLIAM BURNS.] Form of Affidavit to be appended to the above. County, ss. The above-named John Jones [or Mary Jones] being duly sworn [or affirmed] according to law, doth depose and say, thiit the facts contained in the above petition or libel are true, to the best of his for her] knowledge and belief ; and that the said complaint is not made out of levity, or by collusion between him, [or her,] the said JoJm Jones [or Mary Jones,] and the said Mary his wife, [or her husband, the said John Jones,\ and for the mere/purpose of being freed and separated from each other, but in sincerity and truth, for the causes mentioned in the said petition or libel; John Jones, [Or, Mart Jones.] Sworn and subscribed before me, this day of A. D. . JAMES MILES,' One of the Associate Judges of the Court of Common Pleas of County, [Or, Justice of the Peace, or President Judge.] DIVORCE. 407 Petition for Divorce from the Bond of Matrimowy, for Intohrable Treatment. I To the Honorable the Judges of the Court of Common Pleas for the County of . The petition of Mary Jones, by her next friend William Burns, &c., [as in the foregoing petition to f, with the necessary change of parties,] yet so it is, that the parties being at the time domiciled within the Commonwealth of Pennsylvania, the said John Jones has offered such indignities to the person of your petitioner, as to render her condition intolerable, and her life burdensome, and thereby forced her 'to withdraw from his house and family. Where- fore, your petitioner further showing that she is a citizen of the State of Pennsylvania, and has resided therein for upwards of one whole year previous to filing this her Ubel, prays, &c., [as in thp preceding petition.] Append Affidavit, as in the first petition or libel. Petition for Divorce from the Bond of Matrimony, on the ground of Adultery. To the Honorable the Judges of the Court of Common Pleas for the County of . The petition, &c., [as in the first petition to f,] yet so it is, that the said , in violation of his [or her'\ marriage vow, hath for a considerable time past, given himself [or herself] up to adulterous practices, and been guilty of adultery with a certain M. S.,- and divers other persons, to your petitioner unknown. Wherefore, your libel- lant further showing that, &c., [as in the first Petition for Divorce.] Append Affidavit, as in the first petition or libel. For the other causes of divorce, the petitions above given can be easily varied, so as to comply with the Act of Assembly. Petition for Divorce from bed and hoard, and for Alimony, on the ground of Abandonment. To the Honorable the Judges of the Court of Common Pleas for the County of . The petition of Mary Jones, by her next friend William Burns, respectfully showeth : That your petitioner, on the day of — ■ , in the year, &c., [as in the first petition to f , making the necessary alterations as to parties,] yet so it is, that the said John Jones, in violation of his marriage vow, from the day of — ■ , A. D. , (the parties being at the time domiciled within the Commonwealth of Pennsylvania,) hath wilfully and ma- liciously absented himself from the habitation of this libellant, and 408 DIVORCE. abandoned Ms family, without just or reasonable cause, and has from the said date persisted in such desertion. Wherefore, your petitioner, further showing that she is a citizen of this state, and hath resided therein for upwards of one whole jear previous to the filing of this petition, prays your Honors that a subpoena may issue from the said Court direisted to the said John Jones, commanding him to appear at the next term of the said Court to answer this petition ; and also, that a decree of this Court may be given, granting this libellant a divorce from bed and board, and also allowing her such alimony as the said John Jones's circumstances will admit of, so as the same do not exceed the third part of the annual profit or in- come of his estate, or of his occupation and labor. And she will pray, &c. Append Affidavit, like that affixed to the first petition or libel. Petition for Divorce from bed and board, and for Alimony, on the ground of Intolerable Treatment. To the Honorable the Judges of the Court of Common Pleas for the County of . The petition of Mary Jones, by her next friend Samuel Dean, respectfully showeth : That your petitioner, on the • day of , in the year, &c., £as in the first petition to f, making the necessary change as to parties,] yet so it is, that the said John Jones did, on the day of ■ — -, the said parties being at that time domiciled within the Commonwealth of Pennsylvania, and at other various days and times, turn this libellant (his wife) out of doors, or ofier such indignities to her person as to render her condi- tion iatolerable, or life burdensome, and thereby to force her to with- draw from his house aVfd family, [or by cruel and barbarous treat- ment to endanger her life.'] Wherefore, your libellant further show- ing, &c., [as in the last preceding form.] Append Affidavit^ like that affixed to the first petition or libel. Petition of a Husband, respondent, that the Decree of Divorce from bed and board be annulled. ^ In the Court of Common Pleas A. B., by her next friend C. D., V. E. F. for thf County of , No. -,of Term, A. D. 18—. The petition of E. F., the re^ondent above named, respectfully showeth : That he is informed and understands that, on -, the day of , in the year of our Lord one thousand eight hundred and , this honorable Court made a sentence or de- cree, conformably to the prayer of the libellant above named, that DIVORCE. 409 your petitioner and tte said libellant should be, and they accord- ingly were, divorced from bed and board. Your petitioner does not deem it proper for him, at this stage of the proceeding, to deny the allegations contained in the bill of the ■ above libellant, nor to dispute the Justice of the sentence pl'&nounoed by this honorable Court, grounded upon the ex-parte evidence pro- duced to them ; he is informed and advised that the said sentence is absolute, und precludes contradiction on matters of fact. But your petitioner is well convinced that he and the libellant can live happily together hereafter, and that their doing so will be essential to the oomtbrt, education, and morals of their young children, and he anxiously avails himself of an indulgent provision of the law, and now offers to this honorable Court, to receive and cohabit with the said libellant again, and to use her as a good husband ought to do : he therefore prays that this honorable Court suspend the afore- said decree, and that in case the said libellant refuse to return and cohabit with your petitioner under the protection of this Court, your Honors may discharge and annul the aforesaid sentence or decree. And for the faithful performance of this offer and engage- ment on his part, your petitioner will, if necessary, give to this honorable 'Court such security as in their discretion they may con- sider the case to require. Append the same form of AffidaTit as is giyen under Libel for Desertion. * Petition to the Legislature of Pennsylvania, for Divorce from the Bond of Matrimony. To the Honorable the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met. The petition of John Jones, of the County of , in the said commonwealth, humbly showeth : That your petitioner, on the day of , in the year of our Lord one thousand eight hundred and , was bound in matrimony, and married to a certain Anna Burns, of said county, and from that time continued to live and cohabit with her until about the day of , one thousand eight hundred and , at which time your peti- tioner and his said wife separated. [Here state fully the facts upon which the petition for divorce is based.] Your petitioner, therefore, humbly prays your honorable l)odies will be pleased to pass an act dissolving the marriage contract be- tween him and the said Anna, so that they may be freed and sepa- * A petition to the legislature, for a divorce, should be accompanied by the de- positions of witnesses, proving the facts set forth in the petition, &c. It should also evidently set fortli that the opposite party has had due notice of the intended application, and of the time and place of J;aking depositions, if the place of resi- dence of said party was known. And if the place of residence of said party was unknown, proof jf this fact should be presented. 410 DIVORCE. rated from each other in all tiine to come. And as in duty bound, he will ever pray, &c. JOHN JONES. • Answer to Libel, where Ubellant has omitted to set out Citizenship and Residence. To the Honorable the Judges of the Court of Common Pleas for the County of . The answer of C. B. to the petition or libel of A. B. for A. B., by her next friend J5. F.'\ respectfully showeth : That true it is that, on the day of ■ — , A, D. , this respondent was lawfully married to the libellant, A. B. And this respondent further saith, that the said libel of the libellant and the matters therein contained, in the manner and form as the same are stated and set forth, are not sufficient in law for the said A. B. to have or maintain her aforesaid action of divorce against him, the said C. B., and that the said C. B. is not bound by the law of the land to an- swer to the same ; and this he is ready to verify.* That the said A. B. hath not resided in the State of Pennsylvania one whole year next before the presenting of her said libel, and is not a citi- zen thereof; nor is the same alleged, or attempted to be alleged, in the aforesaid libel. Wherefore, for want of a sufficient Ubel and ' affidavit in this behalf, the said C. B. prays judgment, and that the said A. B. may be barred from having or maintaining her aforesaid action of divorce against him. C. B. Here should follow the common form of AfSdavit. Answer to Libel, where fact of Adultery is not set forth with sufficient precision. To the Honorable the Judges of the Court of Common Pleas for the County of . [As in the preceding Answer to Libel, to *.] That the said libel does not charge, the said adultery to have been committed before the said libel was filed, nor before the suit was brought ; that the said libel does nolj charge the said crime of adultery with sufficient legal certainty as to time; that the said libel does not charge the said adultery to have been committed at any place ; and that the crime of adultery is no^ laid to have been committed, with sufficient certainty as respects the supposed person with whom it is said to have been committed. Wherefore, for the want of a sufficient libel and affidavit, in this b^alf, the said C. B. prays judgment, and that the said A. B. may be Tiarred from having or maintaining her aforesaid action against him. Add the common form of Affidavit. DIVORCE. 411 , Answer to lAhel, where a former Libel is pending and Oosta unpaid. To the Honorable the Judges of the Court of Common Pleas for the County of . The demurrer and answer of 0. B. to the bill and libel of the said A. B. against him, filed the day of , A. D. . The said C. B., saving and reserving to himself all and all man- ner of exception to the manifold errors in the said libel contained, for answer thereto, or to such part thereof as he is at this time re- quired to answer, answereth and saith, that true it is that the said A. B., the petitioner, was, on the day of , A. D. , lawfully joined in matrimony with your respondent. And the ''said C. B. saith, that the said petition or libel and matters therein contained, in manner and form as the same are thereia stated and set forth, are not sufficient in law for the said A. B. to have or maintain her aforesaid libel for divorce from the bond of matrimony against him, the said C. B., and that he, the said C. B., is not bound by the law of the land to answer the same ; and this he is ready to verify. Wherefore, for want of a sufficient libel in this behalf, the said C. B. prays judgment, and that the said A. B. be barred from having or maintaining her aforesaid libel thereof kgainst him, the said C. B.f And the said C. B., for further plea in this behalf, saith, that the said A. B., on the day of , A. D. , filed her libel against him, the said C. B., for a divorce from the bond of matrimony, upon which libel a sub- pcena issued Tout of this honorable Court against the said C. B., and the said C. B. made his answer thereto ; which said libel, subpoena, answer, and action were pending and undetermined at the time of filing the said libel of the day of , A. D. , and are still pending and undetermined ; and this he is ready to verify by the said record. Wherefore he prays judgment whether the said A. B. ought to have or maintain her aforesaid action thereof against him, the said C. B. And the said C. B., for fur- ther plea in this behalf, saith, that the said A. B., on the day of -, A. D. — '■ , filed lier' libel for a divorce, and sued and took out of this honorable Court a subpoena against tSe said C. B., which said libel the said C. B. answered ; and the same libel, subpoena, answer, and action were then and ^till are pending in this honorable Court, and the costs of the same were unpaid at the time of the filing of the said second libel, and also at the time of issuing the said second subpoena, to wit, on the day of — , A. D. , and the same first libel and answer are still pending, and the costs are still unpaid ; and this the said C. B. is ready to verify by the record. Wherefore he prays judgment if the said A. B. ought to have or maintain her aforesaid action against him, &c. C. B. The common form of AfSdaTit to be appended. 412 DlVbUCE. Answer to Libel, where recriminaition and denial of Ad/altevy ave alleged, and subsequent Cohabitation. To the Ho'nora'ble the Judges of the Court of Oomuioii Pleas fot the County of . The demurrer and answer of C. B. to the bill and libel of the said A. B., by her next friend E. F., against him, filed the day of , A. D. . [As in the nexj preceding Answer to Liljel, to f .] And the said C. B., for further plea in this behalf, saith, that the said A. B., on the day of — — — , A. D. , and on divers other days and times between that day and the time of filing her petition or libel aforesaid or this answer; on the day of , A D. , to wit, at the of — aforesaid, has been guilty of adultery with a person or persons to the said C. B. un- Enown ; and this he is 'ready to verify. Wherefore he prays judg- ment if the said A. B. ought to have or maintain her aforesaid action th-ereof against him, &c. And the said C. B., for further plea in this behalf, saith, that he, the said C. B., hath not been guilty of adultery with any person ; and of this the said C. B. puts himself upon the country, &c. And the said C. B., for further plea in this behalf, saith, that after the time of the supposed adultery, by the said A. B. falsel^ alleged t6 have been committed by him, the said C. B., and after the time she, the said A. B., supposes she knew of the criminal fact, she, the said A. B., admitted him, the said C. B., into conju- gal society or embraces ; and this the said C. B. is ready to verify; Wherefore he prays judgment if the said A. B. ought to have oi maintain her aforesaid action thereof against him, and that the said libel may be dismissed, and this respondent allowed his reasonable costs, in this behalf unjustly sustained, &c. C. B. The common form of Affidavit to be appended. Answer to Libel, where Desertion is denied. To the Honorable the Judges of the Court of Common Pleas for the County of . The answer of C. B. to the libel of A. B., by her next friend E. E., against him filed the day of ,"A. D. 18 — . This respondent, saving to himself all manner of benefit and ad- Tatitage of exception to the manifold untruths, uncertainties, and imperfections in the said libel contained, for answer thereto, or to BO much thereof as this respi&ndent is advised it is in any way mate- rial for him to make answer, answers and says, that true it is that the said A. B., on the day of - — — ^, A. D. , was lawfully joined in marriage with this respondent.** Yet this respondent doth expressly deny the charge of haying maliciously DiyORCB. 413 and wilfully deserted and absented himself from her, the said A. B., as is stated in the lihel of the said A. B. ; but this respondent doth aver that the said A. B. has maliciously deserted this respondent. All which matters and things this respondent is ready to verify, to maintain, and prove; and humbly pl'eadeth the same in bar to th.e libel of the said A. B.,. which he prays may be dismissed, and tjhis respondent allowed his reasonable costs in this behalf. The common form of Af&davit to be appended. Answer to Libel, where Intolerable treatment is denied. To the Honorable the Judges of the Court of Common Pleas for the County of . The answer of C. B. to the libel of A. B., by her next friend E. F., praying' for a divorce, against him filed the day of , A. D. 18—. This respondent, saving and reserving to himself, &c., [as in the next preceding form, to **.] Yet this respondent protests that the said libellant has not, demeaned herself as a dutiful and afiectionate wife, but by the indulgences of a violent temper has imbittered his life. And the said respondent avers that he has always, since the . said marriage, conducted himself as a husband ought to do towards the said A. B., and he wholly denies that he ever beat or abused the said A. B., or by barbarous or cruel treatment rendered her condition intolerable or her life burdensome, or that he ever gave her cause or obliged her to depart from his house ; but he avers that the said A. B. left his house without any just cause. Wherefore he prays that the said libel may be dismissed, and this respondent allowed his reasonable costs in this behalf. The common form of AfSdavit; to be appended. Ansiver to Libel, with general denial of Adultery. To the Honorable the Judges of the Court of Common- Eleas for the County of . This respondentj saving and reserving to himself, &c., [as in Answer to Libel where Desertion is denied, on preceding page, to ** ;] from which time he, this respondent, from all kinds of adultery or incontinence, or any suspicion thereof, hath lived ex- empt, innocent, and free; and he, this respondent,, doth expressly deny the charge of adultery stated against him in the libel of tLa ?aid A. B. All' which this respondent is ready to maintain, and this he, tpis respondent-, prays may be inquired of by the country, &c. ', -^ C. B. The common form of Affidavit to be appended. 414 DIVORCE. Heplication of Libellant to the Answer. In the Court of Common Pleas for the County of - No. , of Term, A. D. 18—. A. B. V. C. B. And now, of Term, A. D. , the libellant, A. B., by W. B., her attorney, comes and says, that, protesting all and singular the matters and things in the respondent's plea ajleged in bar of her libel and prayer are not true, she is ready to verify the said matters and things by her in her said libel and prayer set forth; and prays that a jury may be called to inquire thereof, according to the form of the several Acts of Assembly in this behalf made and provided. W. B., Attorney for Libellant. And the said respondent doth the like. E. F., For Respondent. Interrogatories in case of Intolerable Treatment. .T>T.i J. r • jTi-o^In the Court of Common Pleas, A. B., by her next friend E. E., \ ^^^ ^^^ ^^^^^ ^^ _ ^ ^^'^ J'--ry I ,of Term, A. D. C. B. J -^g_^ Interrogatories to be administered to witnesses who may be pro- duced, sworn or affirmed, and examined on the part of the libellant in this case. First. Do you know the parties libellant and respondent,, or either of them ; and how long, when and where have you known them, or either, and which of them ? Second. Were you present at their marriage? If so, when, where, and by whom we^ they- married? Have, or have not, the respondent and libellant lived and cohabited together as man and wife ? State your knowledge therein. Third. Do you, or do yoii not, know whether the said respondent C. B. has, or has hot, by cruel and barbarous treatment, endangered the life of the said libellant A. B. ; and has he not offered such in- dignities to her person, as to render her condition intolerable and life burdensome, and thereby forced her to withdraw herself from his house and family ? State your knowledge therein minutely and particularly. Fourth. Do you know any thing further favorable to the libel- lant ? If so, state the same fully, as if you had been thereto par- ticularly interrogated. W.'B., Attorney for Libellant. DIVORCE. 415 Interrogatories in ease of Adultery. A R v„ i.„„ if J n T> ^ In the Court of Common Pleas, A. B, by her next fnend C. D, I ^^^ ^j^^ ^^^^^^ ^^ ^ -^^^ J-^ { ,of Term, A. D. C.B. J jg__ Interrogatories to be administered to -witnesses who may be pro- duced, STvorn or affirmed, and examined, on the part of the libellant in this case. ' [First and second interrogatories, same as in the preceding form. J Third. Do you, or do you not, know the respondent to have com- mitted adultery ? If so, when, where, and with whom ? State the circumstances fully and at large. Do you know any thing further favorable to the libellant? If so, state the same fully, as if you had been thereto particularly interrogated. W. B., Attorney for Libellant. For Interrogatories in case of Desertion, see Commission, page 248. Notice to Respondent of the taking of Depositions. In the Court of Common Pleas, for the County of , No. , of Term, A. D. A. B., by her next friend C. D., V. C. B. J jg__ [Here insert a copy of the interrogatories filed.] Sir, [or Maddm^ — ^You will please take notice that the above interrogatories, to be addressed to the witnesses to be produced in this case on the part of the libellant, [or respondent,^ have been filed, and that the said witnesses will be produced and examined before , Esq., Examiner appointed by the said Court for that purpose, on the day of , A. D. , at o'clock, A. M., [or as the case may be,] of that day, at his office in , [if in a city, stat^ the name of the street and number of the house,] when and where you may attend, or, in the mean time, file cross interrogatories, as you may think proper. W. B., To Attorney for Libellant. C. B., The Respondent oibove named. For information in relation to taking the testimony, see Letter of Instructions to Commissioner, page 245. Decree d Vinculo Matrimonii. And now, to wit, Nov. 1, 1855, this cause came on to be heard, on libel, proclamation, and testimony, [or on libel and testimony,^ and it appearing to the Court that the facts in the libel set forth were 416 DIVORCE. true, [or on libel, answer, replication, and a jury having found the facts in complainant's bill to be true,'] and therefore upon con- sideration thereof by the Court, it was ordered, adjudged, and decreed, that the said A. B., the complainant, be and is hereby divorced and for ever separated from the nuptial ties, or bonds of matrimony with C. D., the respondent, and the said marriage is hereby ordered, adjudged, and decreed to be wholly null and void, and all and every the duties^ rights, and claims accruing to either of the said parties, in pursuance of the said marriage, shall and do cease and determine. And it is further ordered, adjudged, and decreed, that the said C. D., the respondent, pay the costs of this proceeding. Decree d Mensa et Thoiro, with Alimony. And now, November 1, 1855, this cause came on to be heard, on libel,. answer, and replication, and a jury, after a full hearing of the case, having found that the facts set forth in complainant's bill are true, and having also found that the annual profit or in- crease of respondent's estate \or of his occupation and labor] was of the sum of dollars ; and the Court having given the case full consideration, do now order, adjudge, and decree that the said complainant, A. B., and respondent, C. D., be separated from bed and board. And it is further ordered,- adjudged, and decreed, that the re- spondent pay to the complainant the annual sum of dollars, from the date of this decree, in semi-annual payments, for her sup- port and maintenance, and that the said respondgnt give security to be approved by this Court for the payment" of said annual allow- ance. And it is further ordered, adjudged, and decreed, that the said respondent C. D. pay the costs of this proceeding. DUE BILLS AND PRODUCE NOTES. A Due Bill is a simple acknowledgment of a debt in writing. It is not payable to order, nor is it assignable by mere endorsement. Bouv. L. D. Common Form for Due Bill. $100^ Philadelphia, May 1, 1852. I owe John Jones one hundred dollars and fifty cents. JAMES HUNTER. DUE BILLS AND PRODUCE NOTES. 417 Form for Due Bill, for balance of account. f 100^ Franklin, May 1, 1852. Upon settlement of account, this day, with John Jones, I acknow- ledge the sum of one hundred dollars and fifty cents to be due and owing to him by me. JAMES HUNTER. A Peoduob Note is a written engagement to deliver, at a certain place and time, or on demand, specific articles of merchandise, or merchandise of a certain general description, at current rates and co a specified value. Suoh notes, like due bills, are assignable, but not by mere endorsement. For assignment, witli or without liability, the first two forms on page 136 are suitable; or the following, which is somewhat shorter, will answer: — "For value received, I assign the within note, uiilh [or wiiMui] recourse, this day of , A. D. 18—." In an action upon a note for the payment of a certain sum in specific articles, and at a certain place, it is not necessary for the maintenance of plaintiff's action that he should have made a demand of the articles at the time and place ; but to defeat the plaintiff's action, the defendant must prove that he was ready at the time and place, and continued ready to deliver said articles. On the failure to matp tMs proof, the plaintiff may recover the amount in money. 7 Watts, 380. Produce Note, payable on demand. $10 Meadville, May 1, 1852. For value received, I promise to pay to John Jones, on demand, at my store, goods to the amount of ten dollars. JAMES HUNTER. Produce Note, payable at a future date. $120 Warren, May 10, 1852. For value received, I promise to deliver, six months after date, to John Jones, at , second quality pine lumber, [or such other article of merchandise as may be agreed upon,] to the amount of one hundred and twenty dollars, valued at the market price current at that time. JAMES HUNTER. Produce Note with Surety, payable at a future date. $100 Warren, May 10, 1852. For value received, we jointly and severally promise to deliver, BIX months after date, to John Jones, at , second quality pine lumber, [or such other article of merchandise as may be agreed upon,] to the amount of one hundred dollars, valued at the market price current at that time. JAMBS HUNTER. WILLIAM BROWN, Surety. 27 . 418 BQUITT. EaUITY, (Forms for Proceedings in.) In its most general sense, we are accustomed to call that equity whicli, in hu- man transactions, is founded in natural justice, in honesty and right, and which properly arises ex asquo et bono. 'But, in its more limited and legal sense, a court of equity may be said to have jurisdiction in cases of rights recognised and pro- tected by the municipal jurisprudence, where a, plain, adequate, and complete remedy cannot be had in the courts of Common Law. 1 Story's Equity, sees. 1 a 37. In the early history of the law the sense affixed to the word equity was exceed- ingly vague and uncertain. It was then asserted that equity was beUBded by no certain limits or rules, and that it was alone controlled by cons(;ience and natural justice. 3 Bl. Com. 433, 440, 441. It is now well defined with limits and rules. The first settlers of Pennsylvania brought with them the whole body of the English jurisprudence, (applicable to, and requisite for their wants and situations,) both that which was administered in the courts of chancery and that which was the guide of the courts of law. The principles of equity, as well as those of law, flowed in upon them from the parent source ; but, in their simple state of society, they found but little occasion for distinguishing the channels. So far as regarded those principles or rules of justice, our jurisprudence was not greatly defective. They were always recognised, and pervaded our system as thoroughly, perhaps, though not in the same manner, as in the English system. Bep. of Com. on the Civil Code, 1834-35, 5. The whole theory of that equitable jurisprudence became incorporated with our own cg^e, and its principles circulated through all the channels of our judicial system. They were adopted by us as fully as by any of our sister states in which a regular chancery tribunal exists, and became as binding as those of the common law, (2 Kawle, 252,) although up to the passing of the Act of 18B6, we had, for the most part, different modes of administering relief. Report, 15, 16. Equity and law .became and still are convertible terms. 15 S. & R. 125; 16 id. 278, 279. The power of exercising that jurisdiction, in a limited degree^ became blended with the power to administer law under the same forms. 4 S. & R. 455 ; 8 id. 491 ; 7 id, 155 ; 1 Binn. 217 ; 16 S. & R. 278, 279. It was in conse- quence of this mode of administering justice that the want of separate equitable modes of procedure was sensibly felt. la order to make the common-law forms of procedure subservient to the purposes of equitable relief, it became necessary to . resort to fictions, and accordingly fictions became, and are still, the substratum of our equity system. Before the Revolution, the means of doing justice, for the time being, were withheld from the existing tribunals \ a state of ^ngs occasioned by the conflict of opinion, first; bicween the legislature of the province and the privy council in England, and afterwards between the proprietary or royal go- vernors and the legislature, upon the expediency of establishing a separate chan- cery tribunal. Rep. of Com. Since the Revolution and the framing of the present constitution, these wants have, from time to time, been in some measure supplied ; yet, notwithstanding these defects of form were often lamented by our judges, the jurisprudence of the commonwealth continued to labor under the reproach of in- ability to do complete and effectual justice, until the promulgation of the Act of 1836 above referred to. Troubat & HaTy'a Practice. The said Act of 16th June, 1836, (Pamph. L. 784,) relating to the jurisdiction and powers of the courts, enacted that the Supreme Court and the several Courts of Common Pleas should have the jurisdiction and powers of a court of chancery, BO far as relates to — 1st. The perpetuation of testimony; 2d. The obtaining of evidence from places not within the state ; 3d. Tlie care of the persons and estates of those who are non compos mentis ; 4th. The control, removal, and discharge of trustees, and the appointment of trustees and the settlement of their accounts, ,(2 Wharton, 330 ; ) 5th. The supervision and control of all corporations other than those of a municipal character, and unincorporated societies or association^, and partnerships, (5 Whart. 520; 3 W. & S. 184-193 ; 6 W. & S. 552 ;) 6th. The care of trust-moneys and property, and other moneys and property made liable to the ■control of the said courts ; and in such other cases as the said courts have here- ■tofore possessed such jurisdiction and powers, under the constitution alid laws of the commonwealth. By the Act of 25th April, 1850, equity powers were extended to the several courts to perpetuate testimony in cases of lost or destroyed records EQUITY. 419 of any of the courts of record. The Orphans' Court has equity powers, (for re- marks upon which see Orphans' Courts.) The Act of 16th June, 1836, provides that in every case in which any court of the commonwealth shall exercise any of the powers of a court of chancery, the same shall be exercised according to the practice in equity prescribed or adopted by the Supreme Court of the United States, unless' it be otherwise provided by Act of Assembly, or the same shall be altered by the Supreme Court of the commonwealth, by general rules and regula- tions made and published as therein specified. It is further provided by the same act, that the Supreme Court, when sitting in bank in the city and county of Phila- delphia, and the Court of Common Pleas and District Court for tlie said city and county, shall, beside* the powers and jurisdiction aforesaid, have the power and jurisdictioni of courts of chancery so far as relates to — 1st. The supervision and control of partnerships, and corporations other than municipal corporations ; 2d. The care of trust-moneys and property, and other moneys and property made liable to the control of the said courts ; 3d;. The discovery of facts material to a just determination of issues, and other questions arising or depending in the said courts ; 4th. The determination of rights to property, or money claimed by two or more persons, in the hands or possession of a person claiming no right of property therein ; 5th. The prevention or restraint of the commission or continuance of acta contrary to law aiid prejudicial to the interests of the community or the rights of individuals ; 6th. The affording specific relief when a recovery in damages would be- an inadequate remedy. By the Act of 13th June, 1846, (Pamph. L. 666,) and by Act of 17th May, 1846, (Pamph. L. 158,) eqiuity jurisdiction is extended to the Supreme Court within the city and county of Philadelphia, and the Court of Common Pleas for said county, in all cases arising in said city and county; over which courts of chancery entertain jurisdiction on grounds of fraud, accident, mistake, account, dower, and partition, and, by Act of 10th April, 1848, (Pamph. L. 448,) in all cases for the discovery of facts, in which jurisdiction is possessed by courts of chancery. By several Acts of Assembly, the equity powers conferred upon the Courts of Philadelphia have been extended to the counties of Alleghany, Lancaster, York, Huntingdon, Bedford, Somerset, Blair, Cambria, MiSlin, Clearfield, and Schuyl- kill, and they will probably soon be extended over the entire state. The necessity for such extension is greater since the passage of the Act of 1841 abolishing im- prisonment for debt: 'for while that act protects the honest poor man, equity powers are necessary to reach dishonest persons who attempt to swindle ajid cheat their creditors. A few of the most important equity precedents are here inserted. For a more full collection of these forms, see " The Equity Draftsman" and " Curtis's Equity Precedents," and a very able treatise on the Equitable Jurisdiction of the Courts of Pennsylvania, with notes of pleading and practice in Equity, and an appendix of practical forms, by Frederick C. Brightly, Esq. It is a work that should be in the li.inds of every member of the Bar. FORMS FOR THE INTRODUCTION TO A BILL.* 1. In a State Court, in suits hy persons of full age, not married. Humbly complaining sLoweth unto your Sonar [or Honors, as tte case may be] your orator A. B. of , in the County of and State [or GommonwealtK\ of , Merchant, [or Esquire, or Yeoman.'\ 2. Another Form. Humbly complaining showeth unto your Honors your oratrix C. D. of , in the County of and State of , Widow, [or Single woman.'] * story's Eq. PI. J 2«. 420 EQUITY. 3. By Wife, where the Husband is defendant, as in respect of her separate property.* Humbly complaining showeth unto your Honors your oratrix A. B. of , in the County of , wife of C. B. of the same place, Yeoman, hy Gr. H. her father [or lrother'\i. and next friend. 4. By Wife, where her Sushand is co-plaintiff.^ Humbly complaining show unto your Honors your orator and oratrix A. B. of , Yeoman, and C. D. his wife. 5. By an Infant.X Humbly complaining showeth unto your Honors your orator A. B. of , an infant under the age of twenty-one years, to wit, of the age of six years, or thereabouts, and son of E. B. of the same place, Crentleman, hy the said E. B., his father and next friend ; [or, son of U. B., late of aforesaid, G-entlemam, deceased, by 0. B., his next friend."] 6. By an Idiot or Lunatic, by his Oomm^ee.% Humbly complaining show unto your Honors your orators A. B of , and C. D. of , against whom a commission of lunacy has been lately awarded and issued, and is now in force, and under which commission the said CD. was duly found and declared to be a lunatic, and your orator A. B. appointed Commit- tee of his estates. 7. By an Idiot or Lunatic, by his Ghiardian.\\ Humbly complaining show unto your Honors A. B. of and C. D. of , who 'was lately acyudged an idiot [or a lunatic, or incapable of taking care of himself, as the case may be3 by the — : Court of * — , and your orator A. B. appointed Guardian of his person and estate, [or of his estate, as the case may be.] * Story's Eq. PI. § 62, 63. fEq. PI. § 63. J Eq. PI. § 57, 58, 59. g Eq. Fl. J 64, 65, 66. As to making the idiot a party with his committee, i 64, note 2. IJ Eq. PI. i 64, 65. t BQTJITT. 421 8. By a Person incapable of acting for himself, hut not strictly an Idiot or Lunatic* Humbly complaining showeth unto your Honors your orator A. B. of , Yeoman, being deaf and dumb, by C. D. of '-, Yeoman, hi? next friend. 9. By a Corporation. Humbly complaining show unto your Honors your orators the President, Directors, and Company of the Bank of , a cor- poration duly established by law of the State [or Commonwealth] of . 10. By the Q-overnment.'\ Informing, showeth unto your Honors A. B. of , Esquire, Attorney-general of the State [or CommonwealtK\ of , on behalf of the said State, [or Commonwealth.'] 11. In the Circuit Court of the United States, hy a Citizen of one State against a Citizen of another. % To the Judges of the Circuit Court of the United States for the District of , A. B. of , and a citizen of the State of , brings this his bill against C. D. of , and a citizen of the State of ; And thereupon your orator complains and says, &c. In like manner, varying all the abore forms, the proper averments of citizen- ship of the parties must be inserted, where the suit is brought in the Circuit Courts of the United States. FORM OP THE STATING PART OP A BILL.J 12. Conclusion of the Stating Part, after narrating the facts of the Plaintiff's title, or grourtd of his complaint. And your orator well hoped that no disputes would have arisen, touching the said, &c. &c., [stating the subject-matter;] but that the said defendant would have complied with the reasonable request of your orator, as in conscience and equity he ought to have done. * story's Eq. PL ? 66. \ Eq. PI. g 8. X Rule XX, of the Rules of Equity Practice in the Courts of the United States. I The office of the stating part is described in Story's Eq. PI. g 27. In the Cir- euit Courts of the United States, this part may include, by way of statement and counter-statement, what is supposed to be the defendant's case, and the case of the plaintiff to meet it. See Eq. Rules of Circuit Courts, Rule XX. 422 EQUITY. foSm of the confederating part of a bill.* 13. Gharge of Special and Q-eneral Confederacy. But now so it is, may it please your Honors, that the said A. B., combining and confederating with divers "persons [or, if -there are several defendants, then thus : the said A. B., combining and eon- federating with C. J), and E. F., and with divers other persons, or, the said A. B., 0. B., alnd Ij. F., combining and confederating to- gether and with divers persons'] at present unknown to your orator, ■whose names when discovered your orator prays he may be at liberty to insert herein with apt words to charge them as parties defendants hereto, and contriving how to wrong and injure your orator in the premises, he the said A. B. absolutely refuses to comply with such request, and he at times pretends that [here follows the statement of the defendant's supposed ground, on which he avoids the plain- tiff 's claim, and this should be matter disproved or traversed iji the charging part of the bill.] FORM OF THE CHARGING PART OF A BILL.f 14. Pretences of Befendant, and denials thereof. That the said defendant sometimes alleges and pretends [stating the supposed ground of the defendant] and at other times he alleges and pretends, &c., whereas jour orator charges the contrary thereof to be the truth, and that [stating the special matter with which the plaintiff meets the defendant's supposed case.] FORM OF THE JURISDICTION CLAUSE OF A BILL4 15. That the acts of Befendant are contrary to Equity, and that Plaintiff is remediless at Lam). All which actings, doings, and pretences of the said defendant [or defendants] are contrary to equity and good conscience and tend to th^ manifest wrong, injury, and oppression of your orator in the premises. In consideration whereof, and forasmuoh as your orator is entirely remediless in the premises according to the strict rules of the Common Law, and can only have relief in a Court of Equity where matters of this nature are properly cogaizable and relievable : To tk« end therefore, &c. « In the Circuit Courts of the United States, the commoB oliarge of confederacy may be omitted, at the option of the plaintiff. Rule XXI. of Eq. Rules for the U. S. Courts. And also in the Supreme Court and sereral Courts of €ommon Pleas throughout the Commonwealth of Penna. See 20th Rule, S. C. Eq. Praetioe. f As to the omiBsioB of this in the Circuit Courts of the United States, and the euhstitution, see Rule XX. Eq. Rules of the U. S. Courts. And also in the Snpr. Court and seTeral Courts of C. Pleas thronghoiut Penna. See 20th Rule, S. C. Eq. Pr. t This clause may be omitted in Bills in the Circuit Courts of the United States. See Rule XX. Eq. Rules of U. S. Courts. And also in the Supr. Court and several Courts of C. Pleas throughout Penna. See 20th Rule, S. C. Eq. Pr. EQUITY. 423 FORM OF THE INTERROGATING PART OP A BILL * 16, Q-eneral and Special Interrogation of Defendant. To the end, therefore, that the said A. B. and the rest of the confederates when discovered, may, upon their several and respec- tive corporal oaths, full, true, direct, and perfect answer make, to all and singular the matters hereinbefore stated and charged, [or, premises, or charges and matters aforesaid,'] as fully and particw- larly as if the same were hereinafter repeated, and they thereunto distinctly interrogated, [or, in every respect as if the same were here again repeated, and they thereunto particularly interrogated ;] and that not only as to the best of their respective knowledge and remembrance, but also as to the best of their several and respective information, hearsay, and belief, [or, according to the best of their respective knowledge, information, and belief f] and more especially, that they may answer and set forth whether, &c. [here follow the interrogatories to be answered by the defendant.] 17. Special Interrogation in the Circuit Courts of the United StaUs.'\ To the end, therefore, that the said defendants may, if they can, show why your orator should not have the relief hereby prayed, and may, upon their several and respective corporal oaths, and according to the best Sad utmost of their several and respective knowledge, remembrance, information, and belief, full, true, direct, and perfect answer make to such of the several interrogatories hereinafter numbered and set forth, as by the note hereunder writ^ ten they are respectively required to answer, that is to sav : 1. Whether, &c. 2. Whether, &c. rOEM OF THE PRATER FOR RELIEF, IN A BILL.J 18. Special and General Relief. ■[After the interrogatiag part.] And that the said defendant may come to a fair and just account, &c. [stating the particular relief asked,] and that your orator may have such further and other relief in the premises, as the nature of his case shall require, and to your Honors shall seem meet, [or, be fwrther and other- wise relieved in the premises according to equity and good conscience.] *Story'«Eq. PI. g 36, 36, 87, 88. V+ Rule XL. of the Eq. Rules for U. 8. Courts. j Story's Eq. PL ^ 40, 43. 424 EQUITY. FORMS OF THE PRAYER FOR PROCESS OR SUBPCENA, IN A BILL * 19. When the Bill is for Discovery and Relief. May it please your Honors to grant unto your orator the most gracious writ of subpoena of the State of , [or, of the United States of America,'} to be directed to the said A. B. ^'' and the rest of the cotifederates when discovered,t thereby command- ing them and every of them, at a certain day and under a certain pain therein to he specified, [or, therein to he inserted,} personally to be and appear before your Honors in this honorable Court, and then and there to answer all and singular the premises, and to stand to, perform, and abide such order and decree therein, as to your Honors shall seem meet, [or, shall seem agreeahle to equity and good conscience,} and your orator shall ever pray. When the Bill is for discovery only, same as the above, but terminating -with the clause, " to answer all and singular the premises." 20. Where the Attorney-general or other officer of the Grovernment is defendant, as SMeA.-{ , May it please your Honors that the Hon. A. B., the Attorney- general of the State of ■ — , being attended with a copy of this bill, may appear and put in his answer thereto, and may stand to and abide such order, direction, and decree in the premises as to your Honors may seem meet, and your ora|or shall ever pray. 21. Where an Injunction is frayed for, to restrain proceedings at law.% May it please your Honors to grant to your orator not only the most gracious writ or writs of injunction of the State of , issuing out of and under the seal of this honorable Court, to be directed to the said A. B.^''^ to restrain him from proceeding at law against your orator touching any of the matters in question, but also the most gracious writ or writs of subpoena of the said State of , [or, of the United States of America,} to be directed to the said A. B. [As in the precedent, No. 19, p. 424, from ''>.] 22. Where an Injunction is prayed for, to stay waste. [As in the last precedent, to '^'.] to restrain him, his servants, workmen, and agents from committing waste, spoil, or destruction, in the mansion or other houses upon the estates in question : and from cutting down timber or other trees, growing upon the said estates, which are planted or growing there for the protection of the several mansion-houses belonging to the said estates, or for the * story's Eq. PI. ? 44, 45. f See XXIII. of the Eq. Rules for U. S. Courts, t Eq. PI. J 44, note 2. j Eq. PI. J 41, 42. EQUITY. 425 ornament of the said houses : or ■which grow in lanes, walks, or vistas, or otherwise, for the ornament of the said houses, or of the gardens, parks, or pleasure-grounds thereunto helonging ; and also to restrain him, his servants, workmen, and agents from cutting down any timber or other trees, except at seasonable times, and in a hnsbandmanlike manner ; and likewise from cutting saplings and young trees, not fit to be cut, as and for the purposes of timber, except in the spring woods, and from cutting any tlung in the spring woods except in a husbandmanlike manner, until hearing or further order ; but also the most gracious writ or writs of subpoena of the State of , [or, of the United States of America,'] to be directed to the said A. B. [As in the precedent, No. 19, p. 424, from (1).] 23. WTiere a Writ of Certiorari is prayed for. May it please your Honors, therefore, to grant unto your orator a writ of certiorari, to be directed to the Justices of the said Court of , thereby commanding them, upon the receipt of the said writ, to certify and remove the said bill and all proceedings thereon into this honorable Court ; and to stand to and abide such order and direction as to your Honors shall seem meet, and the circum- stances of the case require, and your orator shall ever pray, &c. Bill for the Dissolution of a Partnership, and for an Injunction to restrain one of the Defendants from Collecting Debts. To the Honorable the Judges of the Court of Common Pleas for the County of . In Equity. Humbly complaining showeth unto your Honors your orator, P. C. of, &c. That in or about the month of your orator en- tered into an agreement with C. B., of, &c. and C. F., of, &c. the defendants hereinafter named, to form a partnership with them, in the business of auctioneers, which agreement was reduced into writing, and signed by your orator and the said defendants, and was in the words and figures, or to the purport and efiect following, (that is to say,) [stating the same :] As in and by the said agree- ment, reference being thereunto had, will appear. And your orator further showeth that the said copartnership business was entered upon and hath ever since continued to be carried on by your orator and the said defendants, in pursuance of and under the aforesaid agreement, no other articles or instrument having ever been pre- pared and executed between them. And your orator further showeth unto your Honors, that having much reason to be dissatisfied with the conduct of the said C. B., and being desirous therefore to dis- solve the said partnership, your orator, on or about , caused a notice in writing, signed by your .orator, to be delivered to the 426 EQriTT. said C. B. and C. F., in the words and figures, or to tte purport and effect following, (that is to say :) " In conformity," &e. &c. As in and by such written notice now in the custody or power of the said defendants, or one of them, when produced, mil appear. And your orator farther showeth that the said C. B. hath, from time to time, since the commencement of the said partnership, applied to his own use, from the receipts and profits of the said business, very large sums of money, greatly exceeding the proportion thereof to wihieh he was entitled, and in order to oonoeal the same, tfee said C. B., who has always had the management of the said copartnership books, hath never once balanced the said books. And your orator further showeth that having, in the beginning of the year , dis- covered that the said C. B. was greatly indebted to the said copart- nership, by reason of his application of the partnership moneys to his own use^ your orator, in order to form some ■check upon the conduct of the said C. B., requested that he would pay all copart- nership moneys which he received to their bankers, and tfould draw for such sums as he had occasion for, but the said 0. B. hath wholly disregarded such request, and hath contie yielding and paying to her as the yearly rent therefor the sum of dollars, in quarterly payments, which said lease is still in full force and undetermined, and being so seized or entitled, and being of sound and disposing mind, memory, and understandings she made her last will and testament in writing, beswing da;te the day of , A. D. one thousand eight huhdred and , which was duly executed by her in the presence of, and attested by two credible witnesses, whose names are B. F. and Gr. H., and which will, with the attestation thereof, is in the words following, that is to say, [stating the will verbatim.] And yoUsF oratrix and orator further show, that the said M. D. afterwards, on or about the day of , A. D. , departed this life without revoking or altering her said wiU, or any part thereof, whereupon your oratrix by virtue of said will became entitled to an estate for life, and her said minor childreni,, who now sue by your ora- tor, their father and next friend, became entitled, in fee simple, to all the freehold estate of the said M. D. if they survived your oratrix, subject only to the payment of the funeral expenses and just debts of M. D. or such part thereof as her personal estate may fall short to pay ; and your oratrix, with your orator as the lessee of the said pre- mises, and as the father and next friend of the said minor children, ' at the time and soon after this death of the said M. D., remained in possession, and hath possession of all the said estate, and is now in possession and receipt of the rents and profits thereof, and in the possession and enjoyment thereof. And your oratrix and orator, as the father and next friend of his said minor children, had hoped that they, and their heirs and assigns, would have been permitted to enjoy the same quietly, without any interruption from any per- sons whomsoever : but now so it is, may it please your Honors, that EQUITY. 481 6. S. of aforesaid, claims to be the executcr named in a last will and testament alleged to have been executed by the said M. D. on the day of , A. D. , and has entered in the office of the Register of Wills and for granting Letters Testa- mentary and of Administration, in and for said County of , a caveat against the said will first above named, and under which your oratrix and orator claim' said estate, alleging that A. B. widow of the late B. B. deceased, and their minor children, whose names are believed to be J. B. aged fourteen years or thereabouts, S. B. aged about ten years, and M. B. supposed to be about eight years of age, named as legatees in the said alleged will of the day of , A. D. — ■ , combining and confederating with divers persons unknown to your oratrix and orator, pretend that the said M. D. did not make such last will and testament, dated the day of , A. D. , whereby all former wills and devises were revoked and rendered null and void as aforesaid set forth at length in the foregoing copy of said will, or that she was not of sound and disposing mind, memory, and understanding at the time of the making thereof, or that undue, illegal, and improper influence was exercised to compel her to the execution thereof, or that the same was not executed in such manner as by law is requii'ed for devising real estate ; and therefore they insist that your oratrix and her minor children, who now present their complaint by their father and next friend aforesaid, have not any right or title to the real estate of the said M. D. deceased, or any part thereof, but that on her death the same was vested in the said A. B. and her minor children above named, as devisees under the pretended and alleged will, said to be dated the •- day of , A. D. , set up as aforesaid. Whereas yowr oratrix and orator charge such pretences to be untrue ; but, nevertheless, the said Gr. S., A. B., J. B., S. B., and M. B. re- fuse to contest the validity of the said will under which your oratrix and orator, as the next friend of his said minor children, claim said real estate,i during the lifetime of the said subscribing witnesses (and other witnesses to prove its validity) thereto, and they threaten that they will hereafter dispute the validity of the said will when all the subscribing witnesses thereto are dead, and other witnesses whose testimony would be material in the cause, whereby your oratrix, and her said minor children, and their assigns, will be deprived of the Benefit of the testimony of said witnesses, for your oratrix and ora- tor' are in peaceable possession of the said premises, and therefore ■ can bring no action at law to try the title thereto, in order that the controversy may be settled in the lifetime of said witnesses. All which pretences of the said confederates are contrary to equity and good conscience, and tend to injure and oppress your oratrix and her minor children in the premises. In consideration whereof, and forasmuch as your oratrix in her own right, and your orator representing the said minor children, cannot perpetuate the testi- mony of the subscribing witnesses to the said will, and that of other -432 EQUITY. ■witnesses material to the controversy, without the assistance of a court of equity, and to the end that the said G. S., A. B., J. B., S. B., and M. B. may show, if they can, why your oratrix and her minor children should not have the testimony of the said wit- nesses perpetuated ; and that your oratrix and your orator, who present the complaint of their said minor children, may be at liberty to examine their -witnesses with respect tc the execution and attestation of the said will and sanity of mind of the said M. p. at the making of the same, and such other matters as are rele- vant thereto, so that, their testimony may be perpetuated and pre- served ; May it please your Honors to grant unto your oratrix and your orator, who complains for and in behalf if his said minor children, the most gracious writ of subpoena of the State of Penn- sylvania, to be directed to the said G. S., A. B., J. B., S. B., M. B., and the rest of the confederates when discovered, thereby command- ing them, and every of them, at a certain day, and under a certain pain therein to be specified, personally to be and appear before your Honors in this honorable Court, and then and there to an- swer all and singular the premises, and to stand to, perform, and abide such order and decree therein as to your Honors shall seem agreeable to equity and good conscience, under the constitution and laws of this Commonwealth. And your oratrix and orator wUl ever pray, &c. For original bills, not praying relief, see Story's Eq. Plead, chap. 7. Bills to perpetuate testimony, see Eq. Plead. | 300-306. Bill for Discovery of Testimony in aid of the Defendant in a Suit at Law, under the Act of 16th June, 1836. To the Honorable the Judges of the Court of Common Pleas for the County of . In Equity. Humbly complaining showeth unto your Honors your orator A. B. that heretofore, to wit, at the term of , 18 — ', No. , one C. D. of — , in the county aforesaid, did commence and prosecute against your orator a certain suit at law in your said Court, wherein he has, by his attorney, filed a declaration, to which your orator has, by his attorney, pleaded an issuable plea, so that said cause is at issue. Your orator furthermore showeth, that the said C. D. did file, or cause to be filed, in the office of the Protho- notary of the said Court, copies of certain bills of exchange drawn upon and accepted by your orator, and of certain notes drawn by your orator as the cause of action of the said C. D. in the said suit, the whole amounting to dollars, for the purpose and with the view to procure a judgment therefor, and to compel the payment to him, the said D., of the amount of said bills and notes. Your orator avers, that prior to the institution of the said suit, and after the ma- turity of said bills and notes, in several conversations with the said D. he distinctly and repeatedly avowed to your orator that he was, EQUITY. 433 (as in fact your orator firmly believes and hereby charges that he was and is,) so far as regarded the two bills of exchange, as aforesaid, sued upon in his said suit, (to wit, one for dollars and the other for dollars,) only the agent or representative of a cer- tain firm or commercial house of E. & F., of , who owned the same ; that he, the said D., had no interest therein himself, and was acting merely for said firm, and could do nothing in relation to the said bills nor make any compromise therefor, or any arrange- ment concerning the same, without consulting his said constituents ; to whom he accordingly advised and requested your orator to write upon the subject of said drafts and notes and any arrangement jn relation thereto. Your orator furthermore avers and charges, that the said E. & F. were, at the time of the said maturity and conversation, and still are, largely indebted to your orator in the sum of dollars, for a certain draft or bill of dollars on said firm, by them duly accepted, but being and remaining due, unpaid, and protested, which he holds and owns. Your orator furthermore charges, that the said C. D. was, before and at the time of bringing his said suit, indebted to your orator in a sum of dollars, being the amount of a certain bill of 'ex- change accepted and due by said C. D., and yet remaining unpaid, endorsed to and held and owned by your orator, with damages and interest thereon. Yet so it is, that notwithstanding all such sayings, conversations, avowals, and indebtedness as aforesaid, and although (as your ora- tor firmly and verily believes, and hereby charges) the said C. D. was not, at the time he instituted his said suit, nor has been since, nor is now, in fact, in equity, or in justice, the owner of the said bills, so sued upon, (the same belonging to the said firm,) yet com- bining and confederating with the said B. & F. and with divers other persons at present unknown to your orator, whose names, when disco- vered, your orator prays he may be at liberty to insert herein, with apt words to charge them as parties defendant hereto, and contriving how to wrong and injure your orator in the premises, and to pre- vent your orator setting off or defalking his said just claim against E. & F,, and obtaining a judgment in his favor for the balance due him by said firm, and to prevent your orator's procuring, as of right he should procure, a judgment against the said 0. D. for the sum due by him to your orator ; he, the said C. D., doth now pretend and allege that he is the real and bona fide owner of all said bills and notes, whereon he has brought suit as aforesaid, and doth threaten to prosecute his said action and endeavor to procure a judgment therein; and they, the said C. D. and his confede- rates, try fraudulently and unjustly to compel your orator to pay to him, the said 0. D., the amount of the said bills, drafts, and notes, notwithstanding the indebtedness to your orator, as aforesaid, of him, the said 0. D,, and them, the said E. & F., upon 28 434 EQUITY. ' a fair and bona fide settlement of their mutual claims and accounts. And the said C. D. doth refuse to allow to your orator credits against the said hills now sued upon, for the amount of his claims, afore specified, upon the said firm, and against the said notes new sued upon, for the amount of your orator's said claim upon the said C. D. All which actings, doings, pretences, and refusals are con- trary to equity and good conscience, and tend to the manifest wrong and injury of your orator in the premises. In consideration whereof, and forasmuch as your orator can only have adequate relief in the premises in a court of equity, where matters of this nature are properly cognizable and relievable, and to the end that the said C. D. and his confederates above named, and others, when discovered, may, upon their several and respective corporal oaths, to the best and utmost of their several and respec- tive knowledge, remembrance, information, and belief, ftill, true, direct, and perfect answers make to all and singular the matters aforesaid, and that as fully and particularly as if the same were here repeated, and they and every of them distinctly interrogated thereto; and more especially that the said 0. D. and his confede- rates may, in manner aforesaid, answer and state, 1st. Whether said C. D. is not in fact the agent or representative of said firm of B. & F., or of any other, and what person or persons, for the re- covery of the said bills, drafts, and notes, or of any and which of them. 2d. Whether or not he is the owner of, or in any and what way interested in said bills or drafts and notes ; and if ay, when, where, how, and from whom he became so. 3d. If he be not him- self justly and equitably the whole and sole owner thereof, who is such owner. 4th. Whether said bills and notes, or any or which of them, have not been discounted and protested ; and if ay, who 80 discounted them, and in whose hands were they at the time of the protest. 5th. Whether he actually took them up and paid the money for all, or any and which of them, out of his own funds, or out of the funds, or by the directions, or at the request, or for the ac- count of some other and what person or persons. 6th. When and how and from whpse possession or ownership was each of the said bills, drafts, and notes paid or taken up. 7th. What directions', instruc- tions, or requests did he ever receive in relation to such taking up of any and each of the said bills and notes ; and from whom and when did he receive the same. 8th. Whether he is not suing upon said paper for the purpose and with the intention of passing the amount thereof, or the sum recovered, or any and which part of the same, to the credit of said E. & F., for money owing to him by them, or in advance of anticipated liabilities on their part. 9th. Whether he is in partner- ship with or interested in, or directly or indirectly concerned with them, the said E. & P., or some other and what person or persons, in said bills, drafts, and notes ; and if so, how is he so, in partner- ship or otherwise interested or concerned. 10th. Whether he has not corresponded with said firm, or with other and what persons, in EQUITY. 435 relation to said bills and notes, llth. Whether he is "not indebted to your orator in the sum of dollars as aforesaid, or in some other and what sum, and how did'such indebtedness accrue.' 12th. Whether the said firm of E. & F. have not said, written, or inti- mated to him, the said C. D., that they were, as aforesaid or other- wise, and how and to what amount, indebted to your orator. And furthermore, that the said 0. D. and his confederates, as aforesaid, may annex to his and their several answers hereto full, true, and exact copies of all instructions, directions, and requests, and also of all letters, accounts, and correspondence with the said firm of E. & F., or any other person or persons, in relation to the said bills, drafts, or notes, or any of them, whereof copies are on file in the said suit of the said C. D. against your orator ; and that the said 0. D. be restrained by injunction from proceeding in his said suit at law against your orator. ' A. B. Affidavit to be appended to the above. County of , ss. A. B., having been duly sworn according to law, doth depose and say, that the facts set forth in the foregoing petition or prayer are just and true, so far as the same are stated on his own knowledge ; and that so far as he speaks from the information of others, ho verily believes them to be true. A. B. Sworn and Subscribed before me, this day of A. D. 18— . G. H., Justice of the Peace. Bill for Specific Performance. To the Honorable Oswald Thompson and his Associate Judges of the Court of Common Pleas for the county of Philadelphia. In EqvMy. R. H. of the city of Philadelphia, brings this his bill against H. G. E., R. M. E., J. T. E., A. G. E., R. W. E., C. H. E., and S. M. E. Humbly complaining, your orator says that B. P. and M. his wife, by indenture bearing date the twenty-second day of June, A. D. 1848, granted and conveyed unto J. E., then of the city of Philadelphia, gentleman, and to his heirs and assigns, an equal undivided third part, the whole into three equal parts to be divided, of all those two certain tracts, together with the mes- suages thereon erected, situated in [here describe fully the real estate.] Together with the appurtenances, as by the said recited indenture, recorded in the office for recording deeds, &c., in and for the said county of Northumberland, in Deed Book G. G., page 133, &c., relation being thereto had, will more fully appear. And your orator further says, that by an article of agreement, made and entered into on the twenty-eighth day of June, A. D 436 EQUITY. 1848, between the said J. E. and your orator, he the said J. E., for the consideration thereinafter mentioned, did agree to grant, bargaifi, and sell unto your orator the one-half of the one undivided third part of the two several 4racts of land hereinbefore described, for which your orator agreed to pay to the said J. E. the sum of twelve hundred and fifty dollars, in manner following, that is to say, two hundred and fifty dollars at the signing of the said agree- ment, and the remaining one thousand dollars in twelve months from the date thereof, with lawful interest, and the said J. E. thereby obligated himself tg^make to your said orator a deed for the half of the said undivided third part of the said lands at any time your orator might require it — as by reference to the said article of agreement, a copy of which is hereunto annexed, marked "A.," and which your orator prays may be taken as a part of this his bill, relation being thereto had, will, among other things, more fully appear. And your orator further says that the said sum of two hundred and fifty dollars was paid by him in cash to the said J. B., at the time of the execution of the said agreement, and for the remaining sum of one thousand dollars your orator made his note payable twelve months after date, to the order of the said J. E., with lawful interest, which was accepted by the said J. E., together with the cash so paid, as in full the consider- ation of the said agreement, when the said note should be paid, as by reference to the endorsements made upon the said agreement will fully appear. Your orator further says that, after the making of the said agreement, the said J. E. departed this life, leaving a widow, the said H. G. E. him surviving, and issue six minor chHd- ren, the said R. M., J. T., A. G., R. W., C. H., and S. M. E., having first made and published his last will and testament in writing, bearing date the nineteenth day of August, A. D. 1848, duly proved, filed, and remaining of record in the Register's Office, at Philadelphia, whereof he appointed his wife, the said H. S. E., and your orator executors, and after bequeathing his household goods and furniture to his said wife absolutely, he gave, devised, and bequeathed all the rest and residue of his estate, real and personal, to his said executors, directing that they the said execu- tors should sell and dispijse of the same, and as soon as might be convert it into money which should be invested as therein men- tioned, and the income or interest to be realized therefrom he directed to be paid to his said wife so long as she should remain his widow, for the purpose of maintaining herself and his child- dren then born, and such as might thereafter be born, and of edur eating said children. And should his said wife think proper at any time thereafter to change her condition by marriag^, he directed that the estate be divided between his said wife and his said children share and share alike, she taking the same part or share as each of the children, and the shares of the children to be paid by his said executors to such legal guardians as might be EQUITY. 437 appointed for such as miglit be minors. And he further directed that the said executors, upon any of his children arriving at the age of twenty-one years, should pay to him or her one-half part (as nearly as might be) of the sum to which the said child would be entitled, if the estate were then to be divided among his wife and children, as therein above directed, in the event of the mar- riage of his said wife. And aftej any child should receive the said half of his or her share upon reaching the age of twenty-one years, such child should not be entitled to receive any interest or further benefit from the estate, until a division of the same should be made on the marriage or death of his said wife, and on the death of his said wife, she remaining his widow until that event, he directed that the estate be equally divided among his said children, according to the intestate laws of Pennsylvania, taking care that each child be charged with the sum of money or portion (if any) which he or she might have received on having arrived at the age of twenty-one years, without interest on the same. And your orator further says that letters testamentary were in due form of law granted to said executors. And your orator further says that at an Orphans' Court held at Philadelphia, for the city and county of Philadelphia, on the twenty-third day of March, A. D. 1855, J. S. H. was duly appointed guardian of the minor children of the said J. B. above named. Your orator further shows that, being thus invested with the power of sale as aforesaid, the said H. G. E. and your orator did, on the first day of March, A. D. 1854, in consideration of the sum of ten thousand one hundred dollars, grant and convey to one T. B., his heirs and assigns, one undivided third part of one of the above-described tracts, to wit, the tract of two hundred and twenty acres — the sum of three thousand three hundred and sixty-six dollars sixty-eight cents of said consideration having been received by the said executors in cash, and the remainder of said consideration being the sum of six thousand seven hundred and thirty-three dollars thirty-two cents remaining secured on the said premises so granted by mort- gage., one-half thereof payable on the first day of March, 1855, and the remaining half thereof on the first day of March, 1856, with interest thereon. Your orator further Says that the said pro- missory note of one thousand dollars matured after the decease of the said J. E., and that he hath ever been, and is now ready to pay the same upon obtaining a conveyance of the legal estate of one-half of the one undivided third part of the said first-men- tioned tract of three hundred acres of land herein above described, and on receiving in his own individual right one-half of the said sum of $3366.68, paid in cash by the said T. B. as aforesaid, and of an assignment of an undivided moiety of said mortgage, given and executed by the said T. B., to secure the said sum of $6733.32 as aforesaid. To all of which your orator considers himself justly entitled, and for which he has made application to the said H. Gr. 438 EQUITY. E., one of the executors aforesaid (your orator being coexecutor with the said H. G. E.), to have the same conveyed, paid, and assigned for his individual use and benefit as aforesaid, with which just and reasonable request of your orator he well hoped the said H. G. E. would have complied. But now so it is, may it please your Honors, that the said H. G. E. absolutely refuses to comply with said request, alleging that she cannot do so with safety to herself, except under the order and decree of a Court of Equity, all which' actings, doings, and pretences are contrary- to equity and good conscience, and tend to the manifest injury of your orator, who is thereby prevented from enjoying the benefit of said lands, and of the proceeds of the sale thereof. In consideration whereof, and forasmuch as your complainant can have adequate relief only in a court of equity, where matters of this kind are properly relievable and cognizable — Your orator prays that your Honors may decree and direct that the said H. G. E., the defendant, may make and execute, together with your orator as executors aforesaid (agreeably to the herein- before recited article of agreement), to your orator, or such per- son as he may designate for his use, a conveyance of one undivided half of said one Undivided third part of the said herein above- described tract, containing three hundred acres of land,, and pay to him in his individual right for his own use one equal half part of the sum of $3366.68, so as aforesaid paid in cash by the said T. B., and also to assign to him, or to such person as he may desigjiate for his use, one equal moiety or half of the bonds and mortgage so as aforesaid given and executed by the said T. B., and the moneys thereby-secured, and that your orator may have such further and other relief in the premises as may seem agreea- ble to equity and good conscience. ' May it please your Honors to grant unto your orator the writ of subpoena of the Commonwealth of -Pennsylvania, commanding the said H. G. E., and the said E. M. E., J. T. E., A. G. E., R. W. E., C. H. E., and S. M. E., to be and appear before your Honors on the first Monday of April next, then and there full, true, direct, and perfect answers make to all and singular the pre- mises, and further to stand, abide, and perform such further order, direction, and decree therein as to your Honors shall seem meet. Answer. The separate answer of H. G. E., the defendant in the foregoing bill of R. H., for answer to said bill, says, that she is fully acquainted with the statements and facts in the said bill contained, and that the same are true. And she hereby says that there is no objection to the prayer of the said bill being granted, and a decree made accordingly. (Signed,) EQUITY. 439 City of Philadelphia, ss. H. G. E., above named, being duly .iffirmed according to law, says, that the facts and statements stated and made in the forego- ing answer are true.. Affirmed and subscribed before me, the day of , A. D. 1855. The separate answer of R. M. E., J. T. E., A. G. E., R. W. E., C. H. E., and S. M. E., minors, by their guardian, J. S. H. J. S. H., guardian as aforesaid of the minors above named, children of J. E., late of the city of Philadelphia, deceased, an- swering the complainant's bill, says, that he believes the state- ments therein set forth to be true, and having seen the article of agreement therein mentioned, admits the existence of the same. He further says that he knows of no reason why. the prayer of complainant's bill should not be granted, and a decree made ai;- cordingly. (Signed,) City of Philadelphia, ss. J. S. H., above named, being duly sworn according to law, says that the facts and statements stated and made in foregoing answer are true. Sworn and subscribed before me, the day of , A. D. 1855. . (Signed,) Master's Meport on Bill for Specific Performance. R. H. " H. G. E., R. M. E., J. T. E., A. G. E., R. W. E., 0. H. E., and S. M. E. J To the Honorable the Judges of the Oourt of Common Pleas for the County of Philadelphia, sitting in Equity. The Master appointed by the Court in the above case (see certi- ficate of appointment annexed marked " A.") respectfully Reports that, on the 27th day of March, A.D. 1855, he was attended by Mrs. H. G. E., Mr. A. G. E., a minor son of Mrs. E., Mrs. E. being the widow of Mr. J. E., deceased, Mr. J. S. H., the guardian of the minor children of the late Mr. J. E., Mr. R. H., the petitioner, and Mr. E. H., the solicitor for Mr. H. The bill (see copy thereof annexed marked "B."), sets forth that B. P. and M. his wife, by indenture dated the twenty-second day of June, one thousand eight hundred and forty-eight, granted and conveyed unto J. E., then of the city of Philadelphia, and to his heirs and assigns, an equal undivided third part of all those two certain tracts, &c., situated in Coal Township, Northumber- In the Court of Common Pleas for the County of . Philadelphia, of March Term, 1855. No. 21. In Equity. 440 EQUITY. land County, and State of Pennsylvania, particularly described in the bill, the one containing in the whole about three hundred acres strict measure; the other containing two hundred and twenty acres strict measure, the deed of conveyance being duly recorded ; that by an article of agreement, made and entered into on the 28th day of June, 1848, between the said J. B. and your orator, the said R. H,, he, the said J. E., ior the consideration thereinafter mentioned, did agree to grant, bargain, and sell unto the said R. H. the one half of the one undivided third part of the two several tracts of land thereinbefore described, for which the said R. H. agreed to pay to the said J. E. the sum of twelve hundred and fifty dollars, in manner following, that is to say : two hundred and fifty dollars at the signing of the said agreement, and the remain- ing one thousand dollars in twelve months from the date thereof, ■with lawful interest; and that the said J. E. thereby obligated himself to make to the said R. H. a deed for the half of the said undivided third part of the said lands, at any time the said R. H. might require it ; that the said sum of two hundred and fifty dol- lars was paid by the said R. H. to the said J. E. in cash, at the time of the execution of the said agreement, and for the remaining' sum of one thousand dollars, the said R. H. made his note, pay- able twelve months after date to the order of the said J. E., with lawful interest, which was accepted by the said J. E., together with the cash so paid, as in full the consideration of the said agree- ment, Tyhen the said note should be paid ; that, after the making of the said agreement, the said J. E. departed this life, leaving a widow, the said H. Gr. E., him surviving and issue six minor children, the said R. M., J. T., A. G., R, W., C. H., and S. M. E., having first made and published his last will and testament in writing, bearing date the 19th day of August, A. D. 1848, duly proved, &c., whereof he appointed Jiis wife the said H. G. E. and the said R. H. executors ; and after bequeathing his household goods and furniture to his said wife absolutely, [here insert what- ever is necessary from the will of decedent, as set forth in the bill]. The bill also sets forth that letters testamentary were in due form of law granted to said executors ; that, at an Orphans' Court held at Philadelphia, for the City and County of Philadelphia, on the 23d day of March, A. D. 1855, J. S. H. vfas duly appointed guardian of the minor children of the said J. E. above named ; that being invested with the power of sale as aforesaid, the said H. G. E. and the petitioner, the said R. H., did, on the 1st day of March, A. D. 1854, in consideration of the sum of ten thousand one hundred dollars, grant and convey to one T. B., his heirs and assigns, one undivided third part of one of the above described tracts, to wit, the tract of two hundred and twenty acres, the sum of three thousand three hundred and sixty-six dollars and sixty- eight cents of said consideration having been received by the said EQUITT. 441 executors in cash, and the remainder of said consideration being the sum of six thousand seven hundred and thirty-three dollars and thirty-two cents remaining secured on the said premises so granted, by mortgage, one half thereof payable on the 1st day of March, 1855, and the remaining half thereof on the 1st day of Marchj 1856, with interest thereon. The complainant further alleges that the said promissory note of one thousand dollars matured after the decease of the said J. E., and that he hath ever been, and is now, ready to pay the same upon obtaining a convey- ance of the legal estate of one half of the one undivided third part of the said first-mentioned tract of three hundred acres of land therein described, and on receiving in his own individual right one half of the said sum of three thousand three hundred and sixty-six dollars sixty-eight cents, paid in cash by the said T. B. as aforesaid, and of an assignment of an undivided moiety of said mortgage, given and executed by the said T. B. to secure the said sum of 'six thousand seven hundred and thirty-three dollars and thirty-two cents as aforesaid. The bill states that complainant has jnade application to the said H. G. E., one of the executors aforesaid" {the complainant being co-executor with her), to have the same conveyed, paid, and assigned for his individual use and benefit, as aforesaid ; and that the said H. G. E. absolutely refuses to comply with said request, alleging that she cannot do so with safety to herself, except under the order and decree of a Court of Equity. The complainant prays the Court to decree and direct that the said H. G. E., the ^defendant, may make and execute, together with complainant as executors aforesaid (agreeably to the article of agreement before fecited in the said bill), to the complainant or such person as he may designate, for his use, a conveyance of one undivided half of said one undivided third part of the said tract first described in the said bill, containing three hundred acres of land, and pay to him, in his individual right, for his own use, one equal half part of the sum of three thousand three hundred and sixty-six -f^ dollars so as aforesaid paid in cash by the said X- B., and also to assign to him, or to such person as he may desig- nate, for his use one equal moiety or half of the mortgage so as aforesaid given and executed by the said T. B. and the moneys thereby secured. The answer of H. G. E. (see copy of answer annexed to copy of bill annexed marked " B."), admits that she is fully acquainted with the statements and facts in the said bill contained, and that the same are true, and she says that there is no objection to the prayer of the said bill being granted and a decree made accord- ingly. 'he answer of R. M. E., J. T. E., A. G. E., R. E., C. H. E., and S. M. E., minors, is by their guardian, J. S. H. (see copy of answer annexed to copy of bill annexed marked "B,"), who says 442 BQTJITT. that he believes the statements set forth in the bill to be true, and having seen the article of agreement therein mentioned, admita the existence of the same. He further says he knows of no reason why the prayer of complainant's bill should not be granted, and a decree made accordingly. The following papers were given in evidence before the'. Mas- ter : — 1. The deed from B. P. and wife to J. E. in fee, dated June 22, 1848, recorded December 28, 1848, in the oflSce for recording deeds, &c., in and for Northumberland County, in Deed Book G. G., pages 133, 134, and 135, conveying one equal undivided third part of two tracts of coal land in Coal Township, Northumberland County, being the same property described in complainant's bill (see copy of deed annexed marked " C"). The Master has exa- mined the deed and finds it properly executed. It corresponds fully with the statements in relation to it found in complainant's bill. 2. An agreement dated the 28th day of June, A. D. 1848, be- tween J. E. and R. H., .both of the city of Philadelphia,' wherein the said E. agreed to convey unto the said H. the one half of the undivided third part of two tracts of land amounting together to five hundred and twenty acres, situated in Coal Township, North- umberland County, Pennsylvania, it being the same two tracts of land which said E. purchased one third part of from B. P., of Pottsville, Schuylkill County, Pennsylvania, by deed, dated June 22, A. D. 1848. In consideration of which said H. agreed to pay to the said E. twelve hundred and fifty dollars as follows : two hundred and fifty dollars at the signing of the agreement, the remaining one thousand dollars in twelve months from the date of the agreement, with lawful interest for the same. Said B. and H. were to pay equal portions of all taxes and expenses incurred in opening coal veins or otherwise necessary, and to receive equal portions for coal, timber, &c., sold off said land or rents that may be received for it ; said E. also obligated himself to make the said H. a deed for the above-named portions at any time said H. might require it. The agreement is signed by J. E. and R. H., and wit- nessed by T. H. On its back are written the following receipts : Received, June 28th, 1848, of the within-named R. H., two hundred and fifty dollars "as per agreement." $250. (Signed) J. B. Received, June 28, 1848, of R. H. his note of this date for one thousand dollfifs, payable in twelve months with interest, which, when paid, will be in full for the written agreement. (Signed) ■ J. E. (See copy of agreement with endorsements annexed marked "D.") Mrs. E., having been duly afl5rmed, testified as follows. The signature of J. E. to the above agreiement, and- the two receipts ' EQUITY, 443 endorsed thereon having been shown to her, — " I believe them to be my late husband's signatures. I know his handwriting. The endorsed signatures are his also." The signature of R. H. to the agreement being shown to her, she testified as follows: "I know that to be Mr. H.'s signature." A. G. E. being duly affirmed, testified as follows: "I have frequently seen my father, J. B., write ; that is his signature to the agreement ; I should know the endorsed signature to be in my father's handwriting." The Master has examined the agreement and finds it to corres- pond fully with the statements in relation to it contained in com- plainant's bill. 3. A certified copy of the will of J. E. deceased (see copy thereof annexed marked " E"). The will was duly proved. May 25, 1849, by the subscribing witnesses thereto, and on the same day letters testamentary-were granted to H. G. E. and R. H., the executrix and executor appointed in the said will by the said de- cedent. The Master has examined the will and finds it to correspond fully with the statements in relation to it contained in complain- ant's bill. 4. Two bonds from T. B., of Lancaster, in the Commonwealth of Pennsylvania, to H. G. E. and R. H., executors of the last will and testament of J. E., late of the city of Philadelphia, deceased, for six thousand seven hundred and thirty-three dollars and thirty- two cents, each conditioned for the payment of three thousand three hundred and sixty-six dollars and sixty-six cents each, the one of them upon March 1, 1855, the other upon March 1, 1856, each bond bearing interest from date (see copies annexed marked " F." and " G." respectively). The bonds are both dated March ,1,1854. ^ ^' 6. A mortgage from T. B., of Lancaster, in the Commonwealth j>f Pennsylvania, to H. G. E. and R. H., executors of the last will and testament of J. E., late of the city of Philadelphia, deceased, dated March 1, 1854, recorded June 29, 1854, in the office for recording deeds, &c., in and for Northumberland County, in Mort- gage Book No. 6, pages 116, 117, and 118, conveying the pro- perty described in complainant's bill for the better securing the payment of the bonds aforesaid, with the usual proviso that upon the said payment the mortgage and bonds should cease, determine, and become void (see copy thereof annexed, marke.d " H"). The Master has examined the mortgage and finds it properly executed. It corresponds fully with the statements in relation to it found in complainant's bill. 6. A certificate signed by W. J. J., Deputy Clerk of the Orphans' Court, dated March 24, 1855, certifying that on the 23d of March, 1855, sur petition, the Court appointed J. S. H., Esq.; guardian of R. M., J. T., A. G., R. W., C. H., and S. M. E.^ 444 EQUITY. minor children of J. E., deceased. Mrs. H. G. E. having been affirmed as aforesaid, stated that Mr. H. and herself had received in cash from Mr. B. the sum of three thousand three hundred and sixty-six dollars and sixty-six cents, and that they held it for the purposes of the estate, it being part of the purchase-money received on account of the sale of the two hundred and twenty acre tract of land, and that the mortgage in evidence was given for the balance. She further stated that the present proceeding accords entirely with her views of right and her knowledge of the facts ; that, though she did not particularly remember the contents of the agreement, she did remember the facts being as therein stated, 'having heard them from Mr. E. ; that she believed her deceased husband would approve of this proceeding if living, and that she knew of no objection to the decree being granted agreeably to Mr. H.'s views. Mr. J, S. H., the guardian aforesaid, assented to this proceed- ing, knowing no reasonwhy the decree should not be made agree- ably to the prayer of complainant. From a careful consideration of the evidence adduced, the Master is satisfied that the facts stated in the complainant's bill are true. He does not think it necessary to repeat them here, as they are fully stated in the abstract of the bill contained in his report and the copy of the bill itself annexed. The cfomplainant's case appears to the Master a highly equitable one. If the consi- deration-money for the agreement appears small, considering the present value of the property in question, it should be borne in mind that the amount is just one half of the purchase-money paid by Mr. E. for the property, and that the deed from B. P. and wife to Mr. B., and the agreement between E. and H., are both very nearly of the same date. Specific performance would without doubt have been fully effected had it not been for Mr. E.'s death, and it is therefore no more than right that the complainant should be placed in the same position he would in that event have occupied. The Master therefore recommends to your Honors to order and decree that, upon the payment of the promissory note aforesaid, dated June 28, 1848, for one thousand dollars by the said*R. H., with the arrears of interest that may be due thereon to the date of payment, and of one half of all taxes and expenses incurred in Opening cOal veins, or that otherwise havB been found necessary upon the said tracts of land, since the day of the date of the agree- ment, the 28th day of June, 1848, which have been paid by the said J. E. or his legal representatives, or so much of said half as may not have been paid by the said complainant up to the day of settlement, the said H. G. E. shall make and execute, together with the said R. H., as executrix and executor to the estate of J. E., deceased as aforesaid, to the said R. H., or such person as he may designate, for his use a conveyance of one undivided half of said one undivided third part of the said hereinabove described EQUITY. 445 tract containing three hundred acres of land, and pay to him in his individual rigW, for his own use, one equal half part of the sum of three thousand three hundred and sixty-six dollars and sixty- eight cents, so as aforesaid paid in cash by the said T. B. ; and also'to assign to him, or to such person as he may designate, for his use, one equal moiety or half of the two bonds and the mort- gage, so as aforesaid given and executed by the said T. B., and of the moneys thereby secured ; and also pay to him one half part of the money received from the sale of coal, timber, &c., sold oif the said tracts of land mentioned in the said agreement, and of the rents received therefrom since the day of the date of the said agreement, and of the interest received from the two bonds and mortgage given by and the cash paid by the said T. B. since the dates of the said bonds and mortgage, and cash payment or so much of the one half part of the said money received from the sale of coal, timber, &c., rents and interest from the bonds and mortgage and cash payment, as may not have been received by the said complainant up to the day of settlement, or he may con- sent to take in satisfaction of the agreement aforesaid. All which is respectfully submitted. March 29, 1855. C. K. B., Master. lyecree of Court. ^- 1. f V. V Common Pleas in Equity. March Term. No. 21. E. i And now, March 31st, A.D. 1855, the bill and answer in this, suit having been referred to C. K. B., Esq., Master, and he having made a report favorable to the prayer of the complainant, which Report hath fully set forth the facts and evidence in the case ; and he said report having been fully considered by the Court, the Court do order and decree that the agreement in the pleadings mentioned, dated the 28th day of June, A.D. 18^8, be specifically, performed and carried into execution by the executors of the estate of J. E. deceased ; and that upon the payment by the said R. H. of the promissory note mentioned in complainant's biU, for the sum of one thousand dollars and all interest thereon, H. G. E. and K. H., executors aforesaid named in the said bill, do make and. execute, unto C. D. R., for the use of the said R. H., a. deed for one undivided moiety or half part of one undivided third part of a certain tract of-land in said bill particularly described, containing three hundred acres, and also do make and execute unto the said C. D. R., for the use of the said R. H., a grant and assignment of one undivided moiety or half part of a certain indenture of mortgage, and the bonds therein recited and accompanying the same, given and executed by T. B. in said bill recited, and of the moneys thereby secured; and also do pay to him, the said R. H., for his owA use, the sum of one thousand six hundred and eighty- 446 EQUITY. three dollars and thirty-four cents, being one half of the sum of three thousand threehundred and sixty-six dollars and sixty-eight cents mentioned in the said bill, and all interest that may have been received for the same, the costs to be paid by the estate of the said J. E. deceased. Bill to eaneel an Assignment in fraud of Onditors. To the Hon. the Judges of the Court of Common Pleas of the County of . A. B., of , trustee of the estate and effects of C. D., late of — , an insolvent debtor, brings this his bill, against. B. F., of, &c., and thereupon your orator complains and says ; that by an indenture bearing date on or about, &c., G. H., of, &c., demised unto the said C. D. a certain messuage or dwelling-house, with the appurteaances, then in the occupation of the said C. D., to hold from, &c., for the term of ten years, under and subject to the payment of the yearly rent of, &o., and to the performance of the several covenants, conditions, aad agreements therein contained; as in and by the said indenture of lease, which is now in the pos- session, custody, or power of the said defendant, would, if produced ,by the said defendant, fully appear. That on or about, &c., the said C. D., being insolvent, and unable to pay his creditors, and well knowing that he could not avoid, and was about praying for the relief provided for insolvent debtors, concerted and agreed ■srith the said defendant, to assign to him the said indenture of liiase, for the nominal consideration of, &c., to be expressed in the deed of assignment ; and the said C. D. accordingly caused a deed of assignment to be prepared by his own conveyancer, and the same was dated oh, &c., and was executed by the said C. D., on the day of the date thereof; and the said C. D., then, or about that time, delivered the said indenture of lease, and the assignment thereof, to the sasd defendant. And your orator further showeth, that the said defendant did not in fact pay to the said C. D. the said sum of, &c., and that the said assignment was so made in order to prevent the just creditors of the said C. D. from having the benefit of the said lease ; and that the said defendant might hold the same in trust for the said C. D., or some part of his family, or for the joint benefit of the said C. D. and the said defendant. And your orator further showeth, that on, &c., the ,said C. D. presented to the Court of Common Pleas of the county of, &c., his petition praying for the relief provided for insolvent debtors, and having afterwards, by the order and direction of the said court, executed to your orator an assignment of all his estate, real and personal, in trust for the use and benefit of all his credi- tors, he the said C. D. was duly discharged as an insolvent debtor ; and your orator hath since given security, to the satisfaction of the said court, for the faithful execution of his said trust, as by EQUITY. 447 reference to the record of the said proceedings, to which your orator for greater certainty craves leave to refer, will fully appear. And your orator further showeth, that he hath, by himself and his agents, repeatedly applied to the said defendant, and hath requested him to deliver up the said indenture of assignment to be cancelled, and also to deliver up to your orator the said indpn- ture of lease, in order that your orator may dispose of the same for the benefit of the creditors of the said C. D. ; with which just and reasonable requests your orator well hoped that the said de- fendant would have complied, as in justice and equity he ought to have done ; but the said defendant absolutely refuses so to do, and now pretends that he duly paid to the said C. D. the said con- sideration of, &c., at the time of his executing the said indenture of assignment ; whereas your orator charges the contrary thereof to be the truth. And your orator further charges, that the said defendant is a person in poor circumstances, and had not at that time a sum of, &c., in his possession or power : and the said de- fendant refuses to set forth, in what manner he paid the said sum of, &c., and when, and from whom, he received or obtained the same, or by what means he was enabled to make such payment. And at other times, the said defendant pretends that the said C. D. was indebted to him, at the time of executing the said assignment, in the said sum of, &c., and that the said assignment was executed by the said 0. D. in consideration of the said debt ; but when or how the said C. D. became so indebted to him, the said defendant refuses to discover; and your orator charges that, if the said C. D. had, at any time, been indebted to the said defendant, he had by some other means fully satisfied the said debt. And your orator further charges, that the said C. D. first proposed to the said defendant the making of the said assignment, and that the said defendant, at the time when the same was executed, knew or had been informed, or had some reason to know, believe, or suspect, that the said C. D. was in embarrassed circumstances, and was about to make application for relief as an insolvent debtor, and that the said defendant accepted such assignment with a view to the advantage of the said C. D., or of some part of his family. And your orator fur- ther charges, that it was agreed and understood that the said defendant was not to hold the said lease for his own sole benefit, and as his own property ; and that the said lease was of much greater value than the said sum of , and was in fact worth , and that the said C. D. caused and procured the said assignment to be recorded on the day it was executed. To the end therefore, &c. [interrogating as to the stating and charging parts.'] And the said assignment of the, &c., may be declared to be void, as fraudulent against your orator and the rest of the creditors of the said C. D. ; and that the, said defendant may be decreed to deliver up the said assignment to be cancelled, and i,]so to deliver up to your orator the said indenture 448 EQUITY. of lease ; and that your orator may have such further and other relief in the premises aa the nature of his case shall require, and to your Honors shall seem meet. May it please, &c. A Bill for Dower. A. B., of, &c., brings this her bill against C. B., of, &c., arid thereupon your oratrix complains and says, that H. B., the late husband of your oratrix, was in his lifetime, and during the time he was married to your oratrix, seized in fee simple, or fee tail, of divers freehold estates ; and, being so seized, the said H. B. departed this life, on or about, &c., leaving your oratrix his widow, and the defendant, C. B., his son and heir at law, him surviving ; whereby your oratrix became entitled by law to her dower in the said freehold estates ; but upon, or soon after, the decease of the said H. B., the defendant, as his heir at law, or otherwise, entered and took possession thereof, and of all title deeds, evidences, and writings relative thereto ; and your oratrix has frequently, by herself and otherwise, applied to the said defendant, and requested him to discover the said freehold estates, of which the said H. B. died seized, and his title thereto, and to account for and pay to your oratrix one-third part of the rents and profits of such free- hold estates, which your oratrix is entitled to, in respect of her dower, since the death of the said H. B., and to assign and let your oratrix into the absolute possession and enjoyment of one- third part of such freehold, which your oratrix hoped he would have done. But now so it is, that the said defendant refuses to comply therewith, pretending that your oratrix was never accoupled to the said H. B., in lawful matrimony; whereas your oratrix charges that on, &c., at, &c., the said H. B. was duly married to your oratrix, and that she is therefore entitled to her dower as aforesaid ; but the said defendant refuses to discover the said free- hold premises, which are subject thereto, or to produce the title deeds, evidences, and writings, or any of them, relative to the said freehold estates ; wherefore your oratrix is unable to proceed at law to establish her said demand. To the end, therefore, &c., [interrogating as to the stating and charging parts.^ And that the said defendant may discover and set forth, in manner aforesaid, a full and true description of such freehold estates as aforesaid, with all the circumstances and particulars thereof, or relative thereto; and that an accouDt may be taken, by and under the decree and direction of this honorable Court, of the rents and profits of the said freehold estates, wherein your oratrix is dowable, which have accrued since the death of the said H. B., and have, or might have been, received by the said defendant ; and that one-third part thereof, arising from the said freehold estates, may be paid to her ; and that one-third part of such freehold estates may be assigned and set out to her for her dower, and joxn oratrix let into the full EQUITY. 449 and immediate possession and enjoyment thereof, and decreed to hold the same for her life; and that the said defendant may be decreed to produce all title deeds, evidences, and writings, relative to the said freehold estates, in order to effectuate the purposes aforesaid ; and that your oratrix may have such further and other relief, &c. May it please, &c. A Bill for Partition ly heirs at law. A. B.', of, &c., and C, his wife, L. Gr., of, &c., and D., his wife, and E. S., of, &c., widow, bring this their bill against R. F., of, &c., and M., his wife, and thereupon your orators and oratrixes complain and say, that W.^R., of,' &c., deceased, the father of your oratrixes, 0. B., D. G., and E. S., and also of M. F., the wife of the said R. F., was in his lifetime, and at the time of his death, seized in fee simple, or of some other good estate of inheritance, to him and his heirs, of and in all that messuage or dwelling- house, &c., and also of and in all that other messuage, &c. ; all which messuages, lands, and premises are situate, lying, and being in, &c. ; and being so seized, he the said W. R. did many yeais since depart this life intestate, leaving S. R., his wife, and your oratrixes and their said sister, M. F., his four daughters, and only children and co-heiresses, him surviving ; and upon his death, the said messuages, lands, hereditaments, and premises, descended upon, and came to your oratrixes and the said M. F., as such co- heiresses, subject only to the dower of their said mother, S. R. And your orators and oratrixes further show unto your Honors, that the said S. R., the widow and relict of the said W. R., de- parted this life some time in or about the month of, &c., whereupon your oratrixes and the said M. F. became, and have ever since been, and now are seized in fee, of and in the said messuages, lands, hereditaments, and premises; in four equal undivided parts or shares, as tenants in coparcenary. And your orators and ora- trixes further show, that they have frequently applied to, and requested the said defendants to join and concur with your orators and oratrixes in making a fair, just, and equal partition of the said premises between them, in order that their respe«tive shares and proportions thereof might be allotted, held, and enjoyed in severalty ; and your orators and oratrixes well hoped that the said defendants would have complied with such reasonable requests, as in justice and equity they ought to have done ; but the said de- fendants absolutely refuse to comply therewith, pretending that your orators and oratrixes and the said defendants have, ever since the death of the said W. R. and S. R., respectively, their said late father and mother, deceased, constantly and regularly divided the yearly rents and profits of all the said messuages, lands, hereditaments, and premises equally between them, and that it will not be for the benefit or advantage of either of them to make an actual partition thereof; whereas your orators and oratrixes charge, 29 450 EQUITY. and so. the truth is, that a fair, just, and equal partition of the said hereditaments and premises will tend greatly to the benefit and advantage of your orators and oratrixes, and the said defend- ants ; but they, the said defendants, under divers frivolous pre- tences, absolutely refuse to join or concur with your orators and oratrixes therein. To the end, therefore, kc, [inter> ogating as to the stating and charging parts.'\ And that q commission of par- tition may be issued out of, and under the seal of this honorable Court, and directed to, certain commissioners therein named, to divide and allot the said messuages,, lands, hereditaments, and premises, in equal fourth parts or shares ; and that one full and equal fourth part or share may be allotted and conveyed to your oratrix, C. B., her heirs and assigns ; that one other full and equal fourth part or share may be allotted and conveyed unto your ora- trix, D. Gr., her heirs, and assigns ; and that one other full and equal fourth part or share may be allotted and conveyed unto your oratrix, E. S., her heirs and assigns ; and that your oratrixes may severally hold and enjoy their respective allotments of the said hereditaments and premises, in severalty ; and tha,t all proper and necessary conveyances and assurances may be executed for carry- ing such partitiqn into eifect ; and that yqur orators and oratrixes may have such further and other relief, &c. May it please, &c. A Bill of Interpleader. . The Philadelphia Saving Fund Society^-a corporation duly established by the laws of the Commonwealth of Pennsylvania — bring this their bill against A. B. and M. B., of, &c., and there- upon your orators, complain and say j that your orators were incor- porated by an Act of Assembly of this Commonwealth, passed on the twenty-fifth day of February, one thousand eight hundred and nineteen, for the sole purpose of receiving and investing in public stock, or substantial security on real estate, such small sums as may be saved from the earnings of tradesmen, mechanics, laborers, servants, and others, and of affording to industrious persons the advantages of security and interest. That on, &c., the sum of, &c., was d^ositpd with your orators by a female, who entered her name in their books as M. B., and received from them a boek» commonly called a pass-book, numbered 53,051, in which the said sum of, &c., was entered to her credit. That on or about, &;c., last, your orator received a notice from a person calUng himself A. B., that the said M. B. is his wife, and that the money so de- posited by her with your orators was the proper money of him the said A. B. ; and he then and there claimed, and required the said sum of money to be paid to him. And your orators further show that they caused notice to be given to the said M. B. of the claim and demand of the said A. B. ; and the said M. B. appeared and denied the allegations of the said A. B., and claimed the said money as her own exclusive property. And your orators further EQUITY, 451 show to your Honors, that the said A. B. instituted a suit agAJnst your orators, before J. M., Esquire, one of the aldermen of the City of Philadelphia, to recover the sstid sum of, &c., so deposited with your orators ; of which suit your orators gave nptice to the said M. B., forthwith ; and at the hearing before the said alder- man, the said A. B. was present with G. N., Esquire, his attorney, and the said M. B. was also, present, having, as her attorney, G. W., Esquire ; and the said alderman gave judgment against your orators for the said sum of, &c., so deposited with them on, &c., last. And your orators further show that, having received from the said G. W., Esquire, a certificate setting forth that there was a good defence to the said claim, and particularly that the said A. B. was not the lawful husband of the said M. B., they entered an appeal from the judgment of the said alderman, and gave the requisite security, and have caused a transcript to be filed, according to law, in the Court of Common Pleas of Phila- delphia County, the cause being docketed as of June term, 1854, No. 268. And your orators further show, that they are, and have at all times been ready and willing to pay the said sum of money to whomsoever shall appear to be entitled thereto ; but by reason that the said defendants persist in their adverse claims before- mentioned, and the said A. B. has actually commenced proceed- ings at law against your orators for the recovery of the same, your orators are advised that they cannot with safety pay the said sum of money to either of the said defendants, but that they ought to interplead together touching their right to the same, in order that your orators may know to whom the said sum of money ought to be paid ; and the said defendants ought to be restrained by the order and injunction of the Court, from prosecuting, proceeding in, or commencing any action or actions at law against your ora- tors, for and in respect of the matters aforesaid. To the end, therefore, &c., [interrogating as to the statements in the bUl.'\ And that the said defendants may be decreed to interplead together ; and that it may be ascertained, in such manner as the Court shall direct, to which of them the said sum of money, so deposited with your orators, belongs and ought to be paid ; and that your orators may be at liberty to pay the said sum of money, with the interest due thereon, into Court, which they hereby offer to do, for the benefit, of such of the said parties as shall appear to be entitled thereto ; and that the said A. B. may be restrained, by the order and injunction of this honorable Court, from further prosecution of the said action so commenced by him against your orators ds aforesaid ; and that he and the said M. B. may, in like manner, be restrained from commencing or prosecuting any other proceed- ings at law whatsoever against your orators in respect of the mat- ters in question in this suit, or any of them ; and that your orators may have such further and other relief, &c. May it please, &c. 452 EQUITY. Affidavit. — G. G., Treasurer of the I'hiladelphia Saving Fund Society, the plaintiffs above-named, maketh oath and saith, that, to the best of his knowledge and belief,* the said society do not, in any respect, collude with either of the above-named defendants, touching the matters in question in this cause, nor are they in any manner indemnified by the said defendants, or either of them, nor have they exhibited their said bill of interpleader at the request of them, or either of them, but merely of their own free will, and to avoid being further proceeded against or molested touching the matters contained in their said bill. Sworn, &c. , A Bill to restrain Waste. A. B., of, &c., brings this his bill against C. D., of, &c., and thereupon your orator complains and says, that your orator, before and at the time of making the indenture hereinafter mentioned, was seized of certain tenements, with the appurtenances, situate, &c., hereinafter more particularly described ; and, being so seized, by an indenture bearing date, &c., and made between your orator of the one part, and the Said C. D., the defendant, of the other part, your orator did demise and lease unto the said defendant, his executors, administrators, and assigns, all, &c., {describing the subject fff the demise ;) to hold^ the same with the appurtenances, unto the said defendant, his executors, administrators, and assigns, from, &c., for the term of, &c., next ensuing, at the yearly rent of, &c. And your orator further showeth, that the said defendant did thereby, for himself, his executors, administrators, and assigns, covenant, promise, and agree with your orator, his heirs and as- signs, that he, the said defendant, his executors, administrators, and assigns, would, during the said term, keep the said premises in good repair, and manage and cultivate the said farm and lands, in a proper, husband-like manner, according to the custom of the country, as by the said indenture, to which your orator craves leave to refer, when produced, will more fully appear. And your orator further showeth, that the said defendant, under and by virtue of the said indenture, entered into the said demised pre- mises, with the appurtenances, and became and was possessed thereof, for the said term, so granted to him thereof by your orator as aforesaid. And your orator further showeth, that at the time the said defendant entered upon the said premises, the same were in good repair and condition, and your orator hoped the said defendant would so have kept the same, and have cultivated the said lands in a proper and husband-like manner, according to the custom of the country, and that such parts of the premises as consisted of ancient meadow or pasture ground, would have re- mained so, and not have been ploughed up, and converted into * Where the bill is filed by an individual, the aifidavit must be positive that " h« does not collude," &o. EQUITY. 453 tillage ; and that no waste would have been committed on the said premises. But now so it is that, although the said premises and the buildings, out-houses, rails, and fences, were in a good and perfect state and condition when the said defendant entered upon and took possession of the said premises, yet, they are now very ruinous and bad, and the land very much deteriorated, from the wilful mismanagement and improper cultivation thereof, by the said defendant, who has ploughed up certain fields called, &c., containing respectively, &c., and has otherwise committed great spoil, waste, and destruction in, upon, and about the sajd premises ; and your orator charges, that the said defendant ought to put the said premises into the same condition they were in, when he en- tered thereon, and to make your orator a reasonable compensation for the waste and damage done or occurred thereto ; and that the said defendant ought to be restrained by the order and injunction of this honorable Court from .ploughing up the remaining pasture- fields, part of the said demised premises, which he threatens to do, and also restraining him from committing any further or other waste, spoil, or destruction, in and about, or to the said estate and premises, or any part thereof. To the end, therefore, &c., [inter- rogating as to the material statements in the bill.^ And that the said defendant may be compelled by the decree of this honorable Court to put the said premises into such repair and condition, in every respect, as far as circumstances will permit, as they were in, when he entered upon the same, under and by virtue of such demise as aforesaid ; and may also be decreed to make a reason- able compensation to your orator for all waste done, committed, or suffered by him on the said premises, and all damage occasioned thereto by his mismanagement or neglect (your orator hereby waiving all pains and penalties incurred by the said defendant on account of committing waste on the said premises) ; and that he may be decreed to keep the said premises in good and sufi&cient repair and condition, during the remainder of his interest therein, and to manage and cultivate the said farm and lands in a proper and husband-like manner, according to the custom of the country ; and that he may be likewise restrained, by the order and injunction of this honorable Court, from ploughing up the said remaining pasture-lands, forming part of the said demised premises, and particularly the said fields called, &;c., and from committing or permitting any further waste or spoil, in, on, or to the said demised premises, or any part thereof; and that your orator may hiive such further and other relief, &c. May it please, &c. A Bill for an Injunction. J. A. B., (and others) of, &c., as well for themselves, as for such other citizens, residents and tax payers of the County of Philadel- phia, who may come in and contribute to the expenses of this suit, bring this their bill against A. S., W. F., and W. S. A., county ■154 EQTJITT, commissioners oi the County of Philadelphia ; and thereupon your orators complain and say, that they are residents, and owners of real and personal estate, within the County of Philadelphia, and as such are bound by law, and do pay all taxes justly assessed and levied thereupon, and as such citizens, residents and owners, are directly interested in every question which can or may in any wise whatsoever increase or augment the amount of the said taxes chargeable upon their property in the said county, and in the lawful and economical administration of the affairs thereof. And your orators further show, that the said defendants were, accord- ing to law, 'elected county commissioners of the County of Phila- delphia, have been duly qilalified, have undertaken the discharge of the duties therepf, and now -fill the said office. And your ora- tors further show, that by an Act of the General Assembly of the Commonwealth of Pennsylvania, approved the third day of April, 1837, to which your orators crave leave to refer, and by certain proceedings by virtue thereof, there was and is established by law, in this Commonwealth, a body politic or corporate known by the name of "The Sunbury and Erie Railroad Company," with all the powers and privileges which, by the said law, and by any acts and supplements thereto duly approved, are granted and conferred. And your orators further show, that they are informed and believe, and so charge, that these defendants, as such county commissioners, are about, for or on behalf of the County of Philadelphia, and in the name of the said county, to contract for, purchase, or subscribe to, stock of the said corporation, to the extent of twenty thousand shares, at the rate of one hundred dollars for each share, and to make payment therefor, by the issue of bonds of the said county, bearing an interest at the rate of six per cent, per annum, to the amount of two millions of dollars. And your orators further show, that they do not know certainly, nor are they able to ascertainj whether the said contract has been actually entered into by the said defendants ; but, if the said contract and subscription has been entered into and made, they believe and charge that, for the purpose of paying for the said stock so contracted for, subscribed to, and purchased, the said defendants have not yet, but are about to, make and issue, in the name of the County of Philadelphia, and with the pledge of the faith and credit of the said county for the payment thereof, bonds to the amount required by the said contract, subscription, or purchase, namely,*to the amount of one hundred dollars for each of said twenty thousand shares of stock, in all, two millions of dollars. And your orators further show, that by the said contract, subscription, and purchase, and by the issuing of the said bonds, the debt of the said county, now exceeding one million eight hundred thousand dollars, will be greatly increased, the credit thereof seriously impaired, and the taxes chargeable to, and to be levied in the said county, upon the property of your ora- tors, and their fellow citizens, will be greatly augmented. And EQUITY. 456 your jrators further show, that they are advised and believe, that the said contract, and subscription and purchase, and the making and issuing of the bonds of the said county, by the defendants as aforesaid, for the purpose of carrying into effect the said contract and subscription, and paying for the said stock, are without any warrant or authority whatsoever. To the endj therefore, &c., [^in- terrogating as to the statements in the bill.'] And that the said defendants may be restrained, by the order and injunction of this honorable Court, from subscribing, taking, or purchasing, or from agreeing to subscribe, take, or purchase, for, or on behalf of, or in the name of the County of Philadelphia, any shares of the stock of the Sunbury and Erie Railroad Company aforesaid, and from pledging the credit of the said county, in any manner, thereto, and froln making, signing, sealing, delivering, or issuing any bond, or instrument of writing of any nature whatsoever, for or on behalf of the said county, for the purpose of purchasing, paying for, or in any manner connected with any agreement to take, purchase, or pay for, any shares of the stock of the Sunbury and Erie Rail- road Company aforesaid. And that it may be decreed and de- clared by this honorable Court, that any such contract, agreement, or subscription by the said defendants, in the name of the said county, to or for any stock of the Sunbury and Erie Railroad Company is null and void, and that the same, if executed, be cancelled;* and that any bonds of the County of Philadelphia signed and sealed by the said county commissioners, issued in pur- suance of any such contract, subscription, or agreement, or for the payment of any shares of the stock of the Sunbury and Erie Railroad Company aforesaid, are or will be null and void, and not binding and obligatory upon the said county, or the citizens there- of ; and that the county commissioners of the County of Philadel- phia have not by law, the right or power to purchase, contract for, or subscribe to the stock of the Sunbury and Erie Railroad Company aforesaid, in the name and on behalf of the said county ; and that your orators may have such further and other relief, &c. May it please, &c. A Bill to perpetuate Testimony of Illegitimacy. M. A. H., of, &c., brings this her bill against W. W., Q-. W., S. W., and C. W., of, &c., and thereupon your oratrix complains and says, that on, &c., your oratrix intermarried with one J. H., now deceased, who, in his lifetime, and at the time of her decease, was seized of, or well entitled in fee, to . considerable real estate in, &c. That the said J, H. died on, &c., intestate, and without issue or known heirs, competent to inherit his said real estate, but leav- » It would seem that no such relief as that prayed in this bill could be had, ■without making the railroad company parties defendant, who were clearly inte- rested in resisting such a decree. 456 EQUITY. Ing your oratrix him surviving, in whom his said real estate vested for such estate as the said J. H., in his lifetime, had therein by virtue of the intestate laws of Pennsylvania ; and your oratrix, ever since his decease, hath been and now is in the lawful posses- sion of the said real estate, and in the receipt of the rents and profits of the same. And your oratrix further showeth that the said J. H. was born about the year, &c., and that he was the ille- gitimate son of one S. K., of, &c., who, at the time of the birth of her said son, the said J. H., was a single and unmarried woman. That, some time after the birth of the said J. H., his mother, the said S. K., intermarried with one W. A. W., and is since deceased, leaving issue four children, to wit, the said defendants ; and your oratrix well hoped that her title as statutory heir of her late hus- band, the said J. H., deceased, to the said real estate so vested in her, would in no manner have been disputed ; yet so it is, that the said defendants now insist that the said^^J. H. was the legitimate child of their mother, the said S. K., born in lawful wedlock, and that they, the said defendants,., are the lawful heirs of the said J. H., deceased, and entitled to ,the said real estate, and that your oratrix is only entitled to dower therein ; whereas your oratrix expressly charges the contrary thereof to be the truth, and that the said S. K., at the time of the birth of the said J. H., was single and unmarried. But nevertheless the said defendants, although they well know the several facts aforesaid, yet mean and intend to dispute the validity of yohr oratrix's title to the said real estate, when the several witnesses necessary to establish the game are dead, many of whom are now infirm and much advanced in years. To the end therefore that the said defendants may, if they can, show why your oratrix should not have the testimony of the said witnesses perpetuated,* and that your oratrix may be at liberty to examine her witnesses to the several matters and things hereinbefore mentioned, and particularly with reference to the illegitimacy of her late husband, the said J. H., deceased, so that the testimony of the said witnesses may be preserved and perpetuated ; and that your oratrix may be at liberty, at all future occasions, to read and make use of the same, as she shall be ad- vised. May it please, &c.t * As no discovery is sought from the defendant, interrogatories are unnecessary in a bill to perpetuate testimony. ■f This bill should not pray relief.' EQUITY. 467 Common Pleas. December Term, 1853. No. 3. In Equity. Sur Petition to Perpetuate Testi- mony. Report of Commissioner to take Depositions for the Perpetuation of Testimony. To the Honorable the Judges of the Court of Common Pleas of the County of Philadelphia. In the Matter" of S. G. vs. The Heirs of T. M., de- ceased, and all other per- sons inte- rested. The undersigned, the Commissioner appointed by your honor- able Court to take depositions for the perpetuation of testimony in the above case, doth i^spectfully report, That interrogatories having been first duly filed, public notice was given of the time and place of meeting ; proof of such notice being hereto annexed. J. C. M., Esq., having accepted service of said notice as one of the heirs of T. M., deceased ; said accept- ance being also hereto annexed. That, at the time and place thus appointed and notified, or at other times and places to which the meeting was duly adjourned, there appeared personally before said Commissioner the following named witnesses : B. J., Jr., P. F. S., and A. I. That the said witnesses were duly affirmed and exa- mined. That, to their respective interrogatories, they respectively answered ; which answers are contained in the depositions hereto annexed, and the name subscribed to each deposition is the true and proper handwriting of each witness respectively, except that of A. I., who made her mark in the presence of the Commissioner. Copies of the said interrogatories are also hereunto annexed. Bill for Discovery of Assets, in aid of an JEzeeution, under the Act of 16th June, 1836. In the Court of Common Pleas for the City and County of Philor delphia. In Equity. A. B. brings this his bill against C. D. and E. F., late partners, under the firm of C. D. & Co. And thereupon your orator humbly complaining showeth unto your Honors, that your orator is a creditor of the said defendants, and has recovered a judgment against them in a suit or action in the District Court for the City and County of Philadelphia, of Term, A. D. 18—, No. , for the sum of dollars, which said judgment was recovered on the day of last past; that on the same day a ^m/ams was issued 458 EQUITY. thereon against the said defendants, which has been duly returned by the Sheriflf " nulla bona." And your orator further showeth, that the said defendants were lately engaged in in the business or occupation of and stopped payment on or about the day of last past ; and upon their failure they offered to their creditors, or some of them, cents for every dollar of their respective debts and claims, in satisfaction thereof. That there is reason to believe that the said defendants iave per- sonal estate or other property, wherewith the said judgment may be satisfied ; that by reason of the concealment thereof the com- plainant is prevented from having execution of his judgment. All which actings and doings are contrary to equity and good con- science, and tend to the manifest wrong and injury of your orator in the premises : To the end, therefore, that the said defendants may, upon their several respectiye corporal oaths, to the best and utmost of their several respective knowledge, remembrance, infor- mation, and belief, full, true, and perfect answers make to all and singular the premises, and that as fully and particularly as if here speciyiy interrogated thereto ; and, more particularly, that they may answer and say— Ist. Whether the said defendants, or either of them, are seized or possessed of any real or personal estate, moneys, household fur- niture, stocks, bills receivable, or any property or rights, credits, claims, demands, or interests whatever, or whether any such are held by any one in trust or otherwise for them, the said defendants, or either of them ; and what such property, demands, or interests are, by whom held; and where situated. 2d. Whether the said defendants were not lately in business, and in what kind of business, and where ; where the said defendants failed ; what moneys, household furniture, stocks, bills receivable, assets, rights, credits, demands, effects, or interests, and property, real or personal, the said defendants, or either of them, held oi were entitled to at the time of such failure, and what appropriation or disposition has been made thereof since said failure, and what proportions thereof are now held, owned, or claimed by the said defendants, or either of them, at this time. 3d. When did the said defendants enter into business, and what kind of business, and what was their capital, and how long did they continue in business, and when did they fail. 4th. Whether the said defendants, or either of them, did not offer to pay to their creditors, soon after their failure, and when, twenty-five cents for each dollar of their claim, and represent that the remaining assets of the firm Would enable them to do so ; whe- ther such representation was true, and what has been done with such assets since that time ; what was the amount of their indebted- ness at the time of thpir failure ; and how much thereof have they EQUITY. 459 settled, and how much has been paid in ordef to effect such settlement. 6th. Whether after their failure and when the said defendants or either of them did not assign, transfer, or deliver certain property, assets, bills receivable, credits, or claims, and what, to certain per- sons or person in trust for some other purpose, and if so particularly what property, to whom was it transferred, and for what purpose ; and what has been done with said property transferred as aforesaid. 6th. Whether the said defendants have, or either of them has, at any time, assigned, transferred, or delivered to his wife, or any member of his family, or to any other person in trust for them, or either of them, or for the said defendants, or either of them, any moneys, property, real or personal, bills, credits, rights, interests, or demands. If so, where, to whom, and particularly what credits, property, rights, demands, moneys, interests, or assets, and by whom are the same or the process theregf now held. 7th. Annex to your answers a statement from the books of the said firm of 0. D. & Oo. of all the assets, rights, and credits of the said firm, as they existed at the time of the failure of said firm, and if any of them have been since satisfied or parted with, state which of them, and if assigned, to whom and for what purpose particu- larly, if in trust for the defendants, or either of them, or for any other person, and who such person is. May it please your Honors to grant unto your orator a writ of saire fanias to the Sheriff of Philadelphia County directed, requiring him to make known to the said C. D. aaid E. F. defendants herein named, that they.be and appear at a certain time to be appointed by the Court to answer the said bill and all such interrogatories as shall be propounded to them, or show cause why they should not, and abide the judgment of the Court in the premises. A. B. R. 0. McMURTRIE, Solic. for Complainants. Affidavit to be appended to the above Form. A. B., the above-named complainant, being duly affirmed accord- ing to law, doth depose and say that he verily believes the facts con- tained in the above bill are true. • A. B. Affirmed and subscribed this day of , A. D. 18—, before me, . A. W. OLWINE, Frothonotari/. 460 EQUITY. Form of Set. Fa. on Bill of Discovery. Philadelphia County, sb. The Common'wealth of Pennsylvania to the Sheriff cf Philadelphia County, greeting : Whereas A. B., on the of , A. D. eighteen hundred and "^^^^ — \ , did file his bill of discovery in our Court of *uti^ Common Pleas of said county, against C. D. and E. F., setting f jrth as in and by the said bill wUl fully and at large appear, and the said A. B. praying that a fit remedy may be had against the said C. D. and E. F., we do therefore command you that you make knovm to them, the said C. D. and E. F., that they be and ap- pear before our Judges at Philadelphia, at our Court of Common Pleas there to be held for the County of Philadelphia, on the Monday in next, to answer the said biU and the interrogatories appended to the same, upon their corporal oaths, or show cause why they should not, and abide the judgment of the Court in the premises agreeably to the Act of Assembly in such case made and provided ; and have you then and there this writ. Witness the Honorable , President of the said Court at Philadelphia, this day of , A. D. one thousand eight hundred and . ANTHONY W. OLWINE, • Prothonotary. Sheriff's Return on the Sci. Fa. on Bill of Discovery. Made known by giving a true and attested copy of the within writ to each of the defendants and making known to them the con- tents thereof, the day of A. D. 18 — . So answers CHARLES LELAR, D. S. HENRY LELAR, Sheriff. Bill hy ene Tenant in common against another, for partition. To the Honorable the Judges of the Court of Common Pleas for the County of . In Equity. Humbly complaining showeth unto your Honors your orator 0. A., of, &c. That your orator is seized to him and his heirs, of a capital messuage or mansion-house, called S., and of several stables, out-buildings, gardens, and closes of land, in the County of B., all which premises are now in the occupation of your orator ; and your orator is also seized of two equal undivided third parts of and in an estate called S., consisting of a farm-house, stable, and out-houses, and about acres of land, which said farm is let to H. N., at the yearly rent of dollars. And your orator further showeth unto your Honors, that E. B., of, &c. [the defendant hereinafter named] is seized of or entitled to the other undivided third part of the said farm, by virtue of, and under some conveyance made to EQUITY. 461 Mm by E. his wife, (latfe E. A. your orator s sister,) before her inter- marriage with the said E. B. And yom' orator further showeth unto your Honors, that all the said premises were formerly the estate of H. A., your orator's late father, deceased, who built the said capital messuage or dwelling-house, and set apart, and converted part thereof into a farm-house. And your orator further showeth unto your Honors, that your orator has no separate yard, but makes use of the yard belonging to the said farm-house, in common with the tenant ; and that your orator's stable and several of his out-houses are intermixed in the same yard with those of the said tenant. And your orator further showeth unto your Honors, that the enjoyment of the said farm and premises in common, is liable to difSculties and controversies, and is attended with great inconvenience, especially to your orator, whose separate property adjoins- thereto, and is in- termixed therewith. And your orator has therefore applied to the said E. B. to consent to a partition of the said farm and premises, and hoped he would have complied with such request. But now so it is, the said E. B. refuses to consent thereto, unless compelled by a judgment at common law, or by the decree of this honorable Court. To the end, therefore, &c. [Interrogate to the material parts of the statement, as in form No. 17, p. 423.] And that a commission may issue out of this honorable Court, to divide, separate, and allot one third part of the said farm- ^nd premises, from the other parts thereof, to be held and enjoyed by the said E. B. and his heirs in severalty ; and that your orator, his heirs and assigns, may be decreed to en- joy the other two third parts in severalty from the said E. B. ; and that proper conveyances may be executed accordingly, or that your Honors will make such other order and decree in the matters afore- said, as to your Honors may seem meet, and the circumstances of this case require. May it please, &c. [End by praying process of subpoena against the said E. B. as in form No 19, p. 424.] Bill to carry a Decree into Execution, where a Decree of Partition had been obtained, and not executed.* Humbly complaining showeth unto your Honors your orator C. A. of, &c. That your orator, on or about , filed his bill of complaint, &c. [statement and prayer of the bill for partition, which set out verbatim,] and the said E. B. having put in his answer thereto, sind the said cause being duly at issue, the same came on. to be heard before your Honors on or about , when your Hdnors were pleased to order and de6ree that a commission should issue to certain commissioners to be therein named, to make parti- tion of the estate in question, who were to take the depositions of witnesses to be examined by them, in writing, and return the same, with the said commission ; and the said estate was to be divided and separated, and one-third part thereof set out in severalty, and de- clared to belong to the said E. B. and his heirs ; and the remaining * Story's Eq. Plead. J 429-432. 462 EQUITY. two-third parts thereof, declared to belong absolutely to your orsttoi?, to be held in severalty by him ; and the respective parties were decreed to convey their several shares to each other, to hold in se- veralty according to their respective undivided shares thereof: and that it should be referred to A. B., one of the Masters of this honor- able Court, to settle the conveyances in case the parties differed about the same ; as by the said proceedings and decree now remain- ing as of record in thJB honorable Court, reference being thereunto had, will more fully appear. And your orator further showeth unto your Honors that the commission awarded to issue by the said de- cree never issued, on account of the said E. B. going abroad, and being, till lately, out of the jurisdiction of this honorable Court; but the said E. B. having since returned, and the inconvenience mentioned in your orator's former bill still subsisting, your orator is desirous of having the said decree forthwith carried into execu- tion, but from the great length of time that has elapsed, and the refusal of the said E, B. to concur therein, your orator is advised the same cannot be done without the assistance of this honorable Court. To the end therefore, &e. [see this part of the bill, and in- terrogate to the foregoing statement, as in form No. 17, p. 348.] And that the said decree may be directed to be forthwith carried speci- fically into execution ; and the said E. B. ordered to do and concur in all necessary acts for that purpose. , May it please, &c. [end by praying subpoena against E. B., as in conclusion, form No. 19, p. 424.] FORMS FOE DEMURREKS TO BILLS IN EQUITY.* 1. The Title of a Defence hy Demurrer to a Bill in Equity. The demurrer of A. B., Attorney [or Solicitor'] General ; or of C. D., Esquire, Attorney [or Solicitor] General of the State of ; or of the Mayor and Aldermen of the City of E. ; or of F. G., an infant under the age of twenty-one years, by H. I. his guardian ; or of J. K. an idiot [or a lunatic] by L. his guardian ; or of M. N. and 0. his wife ; or of P. the wife of E. S., who has duly obtained an order of this honorable Court, for liberty to defend separately from her said husband ; or of T., the wife of V. Y., defendants to the bill of complaint of Z. X., complainant. •) 2.* Introduction to a Demurrer to the whole of a BilLf This defendant [or these defendants respectively] by protestation, not confessing or acknowledging all, or any of the matters and things in the said complainant's bUl to be true, in such manner and form as the same are therein set forth and alleged, ^^ dftth, [or do as the case may be,] demur thereto, and for cause of demurrer, showeth, [or show,] That, &c. * Story's Eq. Plead. J 441, 646. t^q- Plead. ? 312, 441, 751 note EQUITY. 463 3. Introduction to a Demurrer to a part of the Bill, or to the Relief,* [As in preceding form to ^'',] as to so much and such part of the said bill as seeks that this defendant [or these defendants'] may answer and set forth whether, &c. ; and whether, &c. ; and prays, &c., [if relief be prayed ;] doth, [or do,"] demur, and for cause of demurrer showeth, [or show.'] 4. Conclusion to a Demurrer to the whole of the Bill.\ Wherefore this defendant, [or these defendants respectively,] de- mands, '^> [or demand,] the judgment of this honorable Court, whether he {she or they] shall be compelled, to make any further, or other answer to the said bill, or any of the matters and things therein contained, and prays [or pray] to be hence dismissed, with his [her or their] reasonable costs in his behalf sustained. 5. Another Form for Conclusion to a Demurrer to the whole of the Bill. Wherefore, and for divers other errors and imperfections, this de- fendant humbly demands, &c. [As in the preceding form from ^^K] 6. Conclusion to a Demurrer to a part of the Bill, or to the Belief.^ Wherefore, and for divers other errors and imperfections appear- ing in the said biU, this defendant [or these defendants] humbly prays [or pray] the judgment '^' of this honorable Court, whether he [she or they] shall be compelled to make any answer to such part of the said bill as is so demurred unto as aforesaid, &c. 7. Another form for Conclusion to a Demurrer to a part of the Bill, or to the Belief. And therefore, and for other good causes of demurrer in the said bill contained, as to so much of the said complainant's bill as is de- murred unto as aforesaid, this dtfendant [or these defendants] doth 'or do] demand the judgment, &c. [As in the last form from''' .] 8. Demurrer to a Bill for Belief on a lost bond, for want of an Affidavit of such loss being annexed, and filed with the Bill.% That the said complainant by his said bill, as this defendant is advised, endeavors to entitle himself to a sum of money due upon the bond, therein stated to have been entered into by this defend- ant to the said complainant, and suggests, for equity, that the said bond hath been burned, lost, or destroyed ; and the said complainant hath not by affidavit annexed to, and filed with the said bill, made * Story's Eq. Plead. § 456, 469. f^q. Plead, g 312, 441, 446, 751 nole % Eq. Plead. I 466-493. ? Bq. Plead. | 528-642. 464 EQUITY. oath that the said bond is burned, lost, cr destroyed : wherefore, &c. [As in forms No. 4, 5, 6, p. 463.] 9. Demurrer for want of a suggestion that the evidence of the Plaintiff's Demand is not in his power.* As to so much and such part of the said complainant's bill as prays relief, in respect of the bond bearing date for the sum of $20,000, in the said bill stated to have been made; and entered into, for the payment of $10,000 and interest, on the day, of last by this defendant, or the money alleged, by the said bill, to be now due to the said complainant from this defendant thereon^ this defendant doth demur, and for cause of demurrer showeth, that the said bond appears by the said bill, to have been taken by the said complainant, in his own name, and to be now in the possession, custody, or power of the said complainant, who therefore has a remedy for his demand at law. Wherefore, &c. TAs in forms No. 4, 6, 6, p. 463.] ■ FORMS FOR ANSWERS TO BILLS IN EQUITY. 1. General Form for Title of Answer. The answer of the defendant, [or one of the defendants;'] or, the joint and several answers of —,the defendants, [or two of the defendants,'] to the bill of complaint of , complainants. 2. Title ofAnswir where there is only one Defendant to an original Bill. The answer of A. B., defendant, to tne bill of complaint of C. D., complainant. 3. Title of Answer where a Defendant is an Infant, The answer of A..R. an infant under the age of twenty-one years by her guardian, one of the defendants to the bill of com- plaint of J. C. and T. K.., J. F. and J. L. complainants. 4. Title of Answer where one of several Defendants puts in her Answer to an original and amended Bill. The answer of S. B. widow, one of the defendants to the [original and] amended bill of complaint of N. P. complainant. » Story's Eq. Plead. J 642-647 EQUITY. 465 5. Title of Answer where several Defendants Join, anl the Christian names of some of them are misstated in the hill. The joint and several answer of L. M., E.. P. in the bill called E. P., J. R. in the bill called R. R., and R. T., defendants to the bill of complaint of R. M. complainant. 6. Title of Answer where Adult and Infant Defendants join in answering. The joint and several answer of J. B. and M. his wife, H. F., E. F., W. F., J. P., and T. P., and of W. P.*and J. P., infants under the age of twenty-one years by. their guardian, nine of the defendants to the bill of complaint of T. G. complainant. 7. Tiile of Answer where a Supplemental Answer is requisite. , The supplemental answer of W. P., J. S., and R. U., three of the defendants to the bill of complaint of W. B. and C. E. complain- ants. 8. Introduction or words of course preceding an Answer hy one Defendant. This defendant now and at all times hereafter saving and reserv- ing unto himself all benefit and advantage of exception which can or may be had or taken to the many errors, uncertainties, and other imperfections in this said complainant's said bill of complaint con- tained, for answer thereunto, Or unto so much and such parts thereof as this defendant is advised is or are material or necessary for him to make answer unto, this defendant answering saith, &c. [The de- fendant must answer according to his knowledge, remembrance, in formation, and belief.] . 9. Another Form for Introduction to an Answer hy one Defendant. This defendant reserving to himself all right of exception to the said bill of complaint, for answer thereto saith, &c. 10. Introduction, preceding the joint and several Answer of several Defendants. These defendants now and at all times hereafter saving and re- serving to themselves and each of them all benefit, &c. [as in form No. 8, as far as the word "a«," and proceed thus:] as these defend- ants are advised is or are material or necessary for them or any of 30 466 EQUITY. them to make answer unto, they these defendants severally answer- ing say, &c. 11. Another Form for Introduction, preceding the joint and several Answer of several Defendants. These defendants reserving to themselves all right of exception to the said bill of complaint, for answer thereto say, &c. 12. J'ojte for Answer, where a Defendant admits a statement. And this defendant further answering saith he hath been in- formed and believes it to be true, that, &c. Or, this defendant admits that, &g. • 13. Form for Answer, where a Defendant admits a statement of a written instrument. And this defendant further saith he hath bieen informed and be- lieves it to be true, that, &c., but this defendant for greater certainty therein craves leave to refer to the said , when the same shall be produced. 14. Form for Answer, where a Defendant believes a statement may he true, but qualifies his admission qf it, not knowing the same of his own knowledge. And this defendant further answering saith, he believes it to be true that at the time of his, the said testator's, making his said will> and at the time of his death, the said testator's sister Jane, the wife of — in the said will named, had such children as therein in that behalf named, but this defendant does not know the same of his own knowledge, nor can this defendant state as to his belief or otherwise whether she had or not any other children or child at such times or either of them. 15. Another Form for Answer, as in Form 14. And this defendant further saith, he has never heard or been in- formed save by the said complainant's said bill whether, &c., but this defendant believes that^ _&c., as in the said bill is alleged^ EQUITY, 467 16. Form for Answer, where a Defendant is entirely ignorant with regard to the statement in the Bill. And this defendant further answering saith, he knows not, and has not been informed save by the said complainant's said bill, and cannot set forth as to his belief or otherwise whether the said com- plainant has or not applied for or procured letters of administration of the goods, chattels, rights, and credits of the said A. B. to be granted to her by and out of the proper or any or what Court, nor whether, &c. , 17. Another Form for Answer, as in Form 16. And this defendant further answering saith, it may be true for any thing this defendant knows to the contrary that, &c., but this defendant is an utter stranger to all and every such matters, and cannot form any belief concerning the same. 18. Form for Answer, where two Defendants admit the happening of an event, but cannot state when it happened. And these defendants severally admit, &c., but when in particu- lar, these defendants or either of them to the knowledge or belief of the other of them do not know, and cannot set forth as to their in- formation and belief or otherwise. 19. Form for Answer, where several Defendants Join, and are all ignorant of the Allegations in the Sill. And these defendants further severally say, that they or any or either of them to the knowledge or belief of the others or other of them do not know, and have never been informed save by the said complainant's bill, and cannot set forth as to their belief or other- wise whether, &c. 20. Form for Answer, where one of two Defendants denies the Allegation in the Bill, and the other Defendant believes such denial to be true. And this defendant M. M. further severally answering saith she denies,' and this defendant E. E. believes such denial to be true, thai the said J. S. was then incapable of understanding the said codicil, but saith that he fully knew, &c. 468 EWITT. 21. Form for Answer, where two Defendants Join in denying the Allegations in the Bill. And these defendants further severally say, that they, these de- fendants, did not nor did either of them to the knowledge or belief of the other of them, nor did the said J. and H. or several or any or either of the members of the said firm to the knowledge or belief of these defendants, a short time or at any time before, fflc. 22. Form for Answer, where a Schedule of Deeds is required to he set forth. And this defendant further saith, he hath in the schedule to this his answer annexed or under written, and which he prays may be taken as part thereof, set forth according to the best and utmost of his knowledge, remembrance, information, and belief, a full, true, and particular list or schedule of all deeds, fee, and this defendant is ready and willing to produce and leave the same in the hands of his clerk in court for the usual purposes. 23. Form for Answer, where an account of rents, or moneys re- ceived, or paid, is required to he set forth hy several Defendants. And these defendants further severally answering say, they have in the [first] schedule to this their answer annexed or underwritten, and which they pray may be taken as part thereof, set forth accord- ing to the best and utmost of their several and respective knowledge, remembrance, information, and belief, a full, true, and partieidar account of all and every sum and sums of w,oney, &c. [Or, if an account required as to real estates, thus: a full, true,. and just rental and particular of all and singular the real estates, &c.] 24. Conclusion of an Answer. And this defendant denies all and all manner of unlawful combi- nation and confederacy wherewith he is by the said bill charged : without this, that there is any other matter, cause, or thing in the said complainant's said bill of complaint contained material or ne- cessary for this defendant to make answer unto and not herein and hereby well and sufficiently answered, confessed, traversed, and avoided or denied, is not true to the knowledge or belief of this fle- fendant ; all which matters and things this defendant is ready and willing to aver, maintain, and prove, as this honorable Court shall direct, and humbly prays to be hence dismissed with his reasonable costs and charges in this behalf most wrongfully sustained. In Equity. EQXJITT= 469 FORMS FOR EXCEPTIONS TO ANSWERS.* 1. An Hxception to the Answer of several Defendants. 'Between W. W., J. W., and C. L.,_in behalf of themselves and all other the creditors of J. B. ■who shall come in and contribute to the expense of this suit, Complainants, and J. G. and T. B., Defendants. An exception taken by the said complainants to the insufficient answer of the said defendants. For that the said defendants have not to the best of their know- ledge, remembrance, information, and belief, answered and set forth a full, just, and true inventory and account of all and singular the goods and chattels, personal estate, and effects whatsoever which J. B., the younger, in the said bill named, was possessed of, entitled to, or interested in, at the time of the date of the indenture in the said bill mentioned, and all the particulars whereof the same con- sisted, and the quantities, qualities, full, real, and true values thereof and of every such particulars : And whether all or some and which of such particulars have not, and when, been possessed or received by, or come to the hands of them, the said defendants, or the one, and which of them, or some, and what person or person, by their or either of their order, or for their or either of their use, and how, and in what manner, and when, and where, and by and to whom, and for how much the same and every or any, and what part thereof hath been sold and disposed of: And whether any, what parts thereof, and to what value or amount now remain undisposed of, and what is become thereof. In all which particulars the said complainants except to the answer of the said defendants as evasive, imperfect, and insuffi- cient, and humbly pray that the said defendants may be compelled to put in full and sufficient answer thereto. 2. An Exception to the Answer of a Defendant, to an Amended Bill. ( Between A. B., Complainant, In Equity. • < and ( C. D., Defendant. An exception taken by the said complainant to the insufficient answer of the said defendant to the said complainant's amended bill of complaint. For that the said defendant hath not to the best and utmost of his knowledge, remembrance, information, and belief, set forth tho * Story's Eq. Plead, g 689, 860-886, 891. 470 EQUITT. documents by wHch the modus or composition in the said defend- ant's former answer alleged and insisted upon is made out. In which particular the said complaiaant excepts to the answer of the said defendant as evasive, imperfect, and insufficient, and humbly prays that the said defendant may be compelled to put in a full and sufficient answer thereto. FOEMS OF INTERBOGATOEIES IN EQUITY. 1. Title of Interrogatories inI!quity,for examination of WUnessei on the part of the Plaintiff, pursuant to a decree. { Between A. B., Complainant, In Equity. -^ and C. D., Defendant. Interrogatories to be exhibited for the examination of witnesses on the part and behalf of the said complainant, to be produced, sworn, and examined pursuant to the decree made on the hearing of the said cause, bearing date . L Title of Interrogatories in Uquity, for examination of Creditors and their Witnesses, pursuant to a decree.. { Between A. B, and 0. D., Complainants, In Equity. -^ and E. F. and G. H., Defendants. Interrogatories to be exhibited by the said complainants before W. Gr„ Esq., one of the Masters of this honorable Court, for th# examination of the creditors of T. H,, Esq., deceased, in the plead- ings in this cause named, and of their witnesses, in pursuance of the decree or decretal order of this Court made on the hearing of this cause, bearing date . 3. Title of Interrogatories in Equity, for examination of a Wit- ness 'as to his interest 4m the matters in issue. {Between A. C, Complainant, and ' T. H., Defendant. Interrogatories to be exhibited on the part of the said complam- ant for the examination of A. B. as to his interest in the event or decision of this cause, the said A. B. being a witness produced, sworn, and offered to be examined in the said cause on the part and behalf of the said defendant. BRROK, WRIT OF. 471 4. First General Interrogatoty. Do you know the parties, complainant and defendant, [or, com- plainants and defendants,'] in the title to these interrogatories named, or [awy or] either, and which of them, and how long have you known^ thfem respectively, or such [owe] of them as you do know? Declare the truth, and your utmost knowledge, remem- brance, and belief herein. [Or thus : Declare the truth of the seve- ral matters inquired after by this imterrogaiory, according to the best of your knowledge, remembrance, and belief, with your reasons fully and at large,] 5. Concluding Greneral Interrogatory. Lastly : Do you know any other matters or things, touching the matters in question in this cause, which may tend to the benefit or advantage of the said complainant therein ? [Or, the said defend- ants, or any or either, and which of them therein?] If yea, set forth the same, and all the circumstances and particulars thereof, fully and at large, according to the best of your knowledge, remem- brance, and belief, as if you had been thereto particularly interro- gated. EBBOE, WBIT OF. A Weit of Ebhoe is a writ issued from a superior to an inferior court of record, for the purpose of bringing up the record, and correcting judgments erroneous in point of law, and not helped by the statutes of amendments. After a final judgment has been entered, the unsuccessful party may bring a Writ of Error, and this sus- pends the execution until the former is determined. If execution has been issued and executed, the Writ of Error supersedes it, on payment of costs, and restitu- tion will be decreed : provided that the Writ of Error is issued, served, and bail entered within three weeks from the day of entering the judgment. Act of 16th June. 1836, Pamph. L. 762. See also Act of 11th March, 1834, Pamph. L. 125. By Act of the Assembly of Pennsylvania, of May 22d, 1772, (1 Smith's L. 138,} it is declared, that " If any person or persons shall find him or themselves aggrieved with the judgment of any of the courts of general quarter sessions of the peace and jail delivery, or any other courts of record within this province, it shall be lawful to and for the party or parties aggrieved to have his or their writ or writs of error, which shall be granted them of course, in manner as other writs of error are to be granted, and made returnable to the Supreme Court." See 1 Dallas, 178; 8 Binn. 34. In a civil action, a writ of error is as much a writ of right and of course as a summons in debt. The question whether a writ of error were properly sued out, or whether it lie in the particular case, belongs alone to the court in which it is returnable, on a motion to quash it ; or, if it be too late for a motion, the court may quash it on their own motion, if they think injustice likely to be done. 1 Serg & B. 298. 472 ERROR, WRIT OP. FORMS TO OBTAIN WRIT OF ERROR TO THE SUPREME COURT OF PENNSYLVANIA. Precipe. A. B., Plaintiff in Error and ^ Plaintiff below, [or De- fendant below, as the case may be,] vs. C. D., Defendant in Error and Defendant below, [or Plaintiff below, as the case may be.] Prothonotary, Western Dis. Issue Writ of Error to the Court of Common Pleas of County, returnable to September and Oc- tober Term, 1852. E. F., At£y for PMntiff in Error. June 10, 1852. Supreme Court, Pa. J Affidavit.* County, ss. A. B., the abo¥e-named Plaintiff in error, being duly sworn ac- cording to law, deposeth and saith, that the writ of error in this case is not intended for delay. A. B. Sworn and subscribed, the day of , A. D. 1852, before me. SAMUEL PEARLEY, Prothonotary. B@° The oath may be made by the agent or attorney, by Act of Assembly of the 11th June, 1832. Recognizanee.* County, sg. A. B., G. H., and J. K. each acknowledges himself to owe and stand indebted to C. D. in the sum of dollars, to be levied of their goods and chattels, lands and tenements respectively ; upon this condition, that the above-named A. B., plaintiff in error, pro- secute his writ of error with effect, or, in default thereof, will pay the costs and condemnation money, together with the costs of this writ of error. Taken and acknowledged, the tenth day of June, 1852, before me. , JOHN GALBRAITH,. President Judge of the Court of Common Pleas for the County of . S@* In order to operate as a supersedeas to an execution, it is necessary there should be two sureties in the recognizance. * By the Act of 25th April, 1850, Pamph. L. 574, it is enacted, that the oath or affirmatien required to be made before obtaining a Writ of Error from the Supreme Court, or entering an appeal to said Court, may be made, and the recognizance of bail in all such oases maybe entered into, befoi;e the Prothonotary of the court to which such Writ of Error is directed, or the Prothonotary or Clerk of the court from whose decision the appeal is taken, with like power and effect as if tJie said oath or a>f- firmation were made before a Judge of such courts or a Justice of the Peace, oi the sai'i recognizance taken before a Judge of the courts aforesaid. EXECUTION. 473 A Paper-Book is a printed or written took or japer, containing an abstract of all the facts and pleadings necessary to a full understanding of a case carried from a lower to a higher court, on a Writ of Error. Courts before which Writs of Error are brought require that each of the Judges shall be furnished with such a book before the arguments are made. It should contain, first, the evidence on the side of the plaintiff; then, that of the defendant ; and then the bills of exception. 'Form for a Paper-Book for the Judges of the Supreme Court of Pennsylvania. A. B., Plaintiff in Error, ^ Error to the Common Pleas of vs. > County. C. D., Defendant in Error. J Sci. fa. on a mortgage. The plaintiff gave the following evidence : 1. Mortgage given by to , dated , for dollars. 2. Bond from same to same, dated , for dollars. 3. Assignment of said bond and mortgage by said to -, on the day of , in the following words, &c. &c. Thereupon the plaintiff closed. ITie defendant, to maintain the issue on his part, called E. E., who, being Sworn, testified as follows. [Here add the testimony as received.] The defendant then offered to ask the witness, &c. ; to the admission of which evidence the plaintiff objected. The Court overruled the objection, and admitted the evidence ; to which deci- sion the plaintiff excepted, and prayed the Court to seal this his biU of exceptions, ■which was done accordingly. [Add thus the whole of the material testimony, with all the bills of exceptions as they were sealed, and close with the charge of the Court to the jury, which must be signed and sealed by the Presi- dent Judge.] EXECUTION. Execution, in practice, is the act of carrying into effect the final judgment of a court 3r other jurisdiction. The writ which authorizes the ofScer so to carry into effect such judgment is also called an Execution. A distinction has been made between an execution which is used to make the money due on a judgment out of the property of the defendant, and which is called a Final Execution ; and one which tends to an end, but is not absolutely final, as a capias ad latUfadendum, by virtue of which the body of the defendant is taken, to the intent that the plaintiff shall be satisfied of his debt, &c., the imprisonment not being absolute, but until the defendant shall satisfy the same : this is called an Execution guousgue. 6 Co. 87. Executions are either to recover specific things, or money. Of the first class are the writs of habere facias seisinam, habere facias possessionem, retomo habendo, and distringas. Executions for the recovery of money are, those which issue against the body of the defendant, viz. the capias ad satisfaciendum and an attach- ment; that which issues against his g'/Ods and chattels, viz. i^e fieri facias ; and those which issue against his lands, viz the venditioni exponas, the levari facias, the 474 EXECUTION. Uherari fadat, and the elegit. See 10 Tin. Ab. 541 ; 1 Ves. Jr., -ISO ; 1 Sell. Pr 512; Tidd'sPr. Index, h. t. In the United States courts, the Marshal is the officer who puts this writ in force ;. in the State courts of record, the Sheriff performs this duty ; and when issued by an Alderman or Justice of the Peace, it is addressed to a Constable. Articles exempt from Levy and Sale in Pennsyhania, wider Act of 16th June, 1886. The. following articles of property, owned by or in possession of any debtor, are, in Pennsylvania, exempt from levy or sale on any execution, for any debt con- tracted after th^ first day of September, 1828, and also for damages recovered since that day, except it be for damages done to real estate, to wit : 1. Household utensils, not exceeding in value thirty dollars. 2. The necessary tools of a tradesman, not exceeding in value thirty dollars. 3. All wearing apparel of the defendant and his family. 4. Four beds and the necessary bedding. 5. A spinning-wheel and reel. 6. A stove, with the pipe of the same, and necessary fuel for three months. 7. One cow, two hogs, also six sheep, with the wool thereof, or the yam or cloth manufactured therefrom, and feed sufficient for the said cow, hogs, and sheep from the first of November until the last day of May. 8. Any quantity of.meat not exceeding two hundred pounds, twenty bushels of potatoes, and ten bushels of grain, or the meal made therefrom. 9. Any quantity of flax not exceeding ten pounds, or the tliread or linen made therefrom. 10. All Bibles and school-books in the use of the family. Purd. 445 ; Dunl, 813. The articles particularized in the Act below quoted are also exempt, as therein set forth. Act of April 22d, 1846. Purd. 468; Dunl. 1077. Sec. 7. From and after the passing of this act, the necessary tools of a trades- man shall be exempt from levy and sale by virtue of any warrant or execution. 4 Barr, 471. Sec. 8. The following property, in addition to that already exempt from levy and sale by virtue of any execution or distress for rent, shall, when owned by any person actually engaged in th^ science of agriculture, in like manner be exempt from levy and sale, viz. one horse, mare, or gelding, not exceeding in value fifty dollars ; one Set of horse-gfears, and one plough' ; or, in lieu thereof, one yoke of oxen, with yoke and chain, and one plough, at' ika option of the de- fendant. 2 Harris, 263. But by far the post important enactments in relation to the subject under con- sideration are set forth in the following: Act of April 9th, 1849. Dunl. 1171 ; Purd. by S. & B. 1316. Sec, 1. In lieu of the property now exempt by law from levy and sale on exe- cution, issued upon any judgment obtained upon contract, and distress for rent, property to the value of three hundred dollars, exclusive of all wearing apparel of the- defendant and his family, and all Bibles and school-books in use in the family, (which shall remain exempted as heretofore,) and no more, owned by or in possession of any debtor, shall be exempt from levy and sale on execution or by distress for rent. Sec. 2. The sheriff, constable, or other officer charged with the execution of any warrant, issued by competent authority, for the levying ^upon and selling the ' property, either real or personal, of any debtor, shall, if requested by the debtor, summon three disinterested and competent persons, who shall be sworn or affirmed, to appraise the property which the said debtor may elect to retain under the pro- visions of this act, for which service the said appraisers shall be entitled to receive fifty cents each, to be charged as part of the costs of the proceedings ; and pro- perty thus chosen and appraised to the value of three hundred dollars, shall be exempt from levy and sale on the said execution or warrant, excepting warrants for the collection of taxes.* * Where a defendant elects to retain real estate to the amount of $300, under the third section of thp Act of April 9tli, 1849, he must give notice to the sheriff before the inquisition, in order that appraisers may be appointed ; and, in default of such EXECUTION. 475 Sec. 3. Im any case where the property levied upon as aforesaid shall eonsist of real estate of greater value than three hundred dollars, and the defendant in such [execution] shall elect to retain real estate amounting in value to the whole sum of three hundred dollars or any less sum, the appraisers aforesaid shall determine whether, in their opinion, the said real estate can be divided without injury to or Bpoiling the whole ; and if the said appraisers shall determine that the said real estate can be divided as aforesaid, then they shall proceed to set apart so much thereof as in their opinion shall be of sufficient [value] to answer the requirement of the defendant in suoh case, designating the same by proper metes and bounds ; all of which proceedings shall be certified in writing by the said appraisers, or a majority of them, und«r their proper hands and seals, to the sheriff, under-sheriff, or coroner charged with the execution of the writ in such case, who shall make return of the same to the proper court from which the writ issued, in connection with the said writ : Provided, that this section shall not be construed to affect or impair the liens of bonds, mortgages, or other contracts for the purchase-money of the real estate of insolvent debtors. Sec. 4. Upon return made of the writ aforesaid, with the proceedings thereon, the plaintiff in the case shall be entitled to have his writ of venditioni exponas, as in other cases, to sell the residue of the real estate included in the levy aforesaid, if the appraisers aforesaid shall have determined upon a division of the said real estate ; but if the said appraisers shall determine against a division of said real estate, the plaintiff may have a writ of venditioni exponas to sell the whole of the real estate included in such levy; and it shall and may be lawful, in the latter case, for the defendant in the execution to receive from the sheriff or other officer, of the proceeds of said sale, so much as he would have received at the appraised value had the said real estate been divided. Sec. 5. The 26th section of the act, entitled " An Act relating to executions," passed 16th June, 1836, and the 7th and 8th sections of an act, entitled " An Act in regard to certain entries in ledgers in the City of Pittsburgh, and relating to the publishing of sheriffs' sales, and for other purposes," passed 22d April, 1 846, and all other acts inconsistent with this act, be and the same are hereby repealed. f Sec. 6. The provisions of this act Shall not take effect until the fourth day of July next, and shall apply only to debts contracted on and after that date. Act ofliih April, 1851. Pamph. L. 612. By the provisions of this Act, thereafter the widow or children of a decedent are allowed to retain real or personal estate to the value of $300 : provided that no lien for the purchase-money of such real estate be thereby affected or impaired. notice, he is not entitled to claim $300 out of the proceeds of sale. Miller's Appeal, Supreme Court, June 12th, 1851. The same rule is applicable to proceedings un- der the second section of the act : unless a defendant claim to have goods to the amount of $300 set apart for his use, he waives the benefit of the exemption, and cannot claim $300 out of the proceeds of the sale of his goods. Winchester v. Oos- teljo, Com. Pleas, Philada.. June 28th, 1851. The following form of Section and appraisement under this section, as drawn by Mr. Brightly, may be used : * A B "i ' ' ( Execution issued by J. B., Justice. „ "'j. r Debt, $50 and costs. S. S., Constable. I, C. D., the defendant above named, do elect to retain the following articles of personal property, under the second section of the Act of 9th April, 1849, to wit: We, the subscribers, having been summoned by, S. S., Constable, to appraise the property retained by the above-named defendant, and having been respectively Bworn or affirmed, do value and appraise the same as follows, viz. : . f The Act of 14th April, 1851, (Pamph. L. 616,) provides, that the acts men- tioned in this section shall not be repealed, " so far as relates to aU debts and contracts made and entered into prior to the fourth day of July, 1849." 476 EXECUTORS AND ADMINISTRATORS. EXECUTORS AND ADMINISTRATORS. An ExBOUioa [or JExemtrix, if a female] ia a person appointed by a testator to execute Ms will or to see It carried into effect. An Administrator [or Adminis- tratrix, if a female] is one appointed by proper authority to take cnarge of the goods and estate of a person who has died without a will, for the settlement of the estate and the distribution of the property according to law. In Pennsyl- vania, the authority to appoint Administrators is lodged with the Register of Wills. If a decedent should leave a will, but name no Executor, an Administra- tor cum testamento annexo [with the will annexed] is appointed. In case of the death or renunciation of a sole Executor, an Administrator de bonis non cum testamento annexo [of goods not (administered to,) with the will annexed'] is appointed ; and in the event of the death of a sole Administrator, the Register appoints an Adminis- trator de bonis non, [of goods not (administered to.)'] By the Act of Assembly of Pennsylvania, of 24th February, 1834, (Pamph. L. 70; Furd. 473; Donl. 684,) it is made the duty of the Executors or Adminis- trators of a decedent, immediately after the granting of letters testamentary or of administration to them, to cause notice thereof to be given in at least one news- paper, published at or near the place where such decedent resided, once a week during at least six successive weeks, together with the names and places of resi- dence of said Executors or Administrators ; and in every such notice said Execu- tors or Administrators must request all persons having claims or demands against the estate of the said decedent to make known the same to.them without delay. And within thirty days from the time of taking out letters testamentary or of administration, the Executors or Administrators must file in the ofSce of the Register of the county where such letters were granted ah inventory of all the personal property, duly appraised, belonging to the decedent. In the said inven- tory should be included all bonds, notes, and other evidences of debt; also aU other claims and demands for money, or any other personal property owned or held by the decedent at the time of his decease, as far as th'e same may be known to his Executors or Administrators. If personal property or assets of any kind, not contained in the inventory made and returned as aforesaid, should afterwards come to the possession or knowledge of the Executor or Administrator, he must take an inventory thereof, and return the same into the office of the proper Register within four months from the time of th^ disco- very thereof. If the estate does not descend to collateral* heirs, the Executor, Administrator, or Register may appoint the appraisers, or the Executor or Administrator and Register may unite in designating the persons to make such appraisement ; but if it descends to collateral heirs, the Register must, under the Acts of 10th April, 1849, and 11th March, 18S0, appoint one of the appraisers, as is below more fully stated. By the Act of 10th April, 1849, it is enacted, that the provisions Jf the several Acts of Assembly, relative to collateral inheritance taxes, shall not be held or taken to apply to any property or estate, real or personal, passing by will to or in trust for the wife or widow of a son of any person dying seized.or possessed thereof; that, in order to fix the valuation of the real estate of persons whose estates are or shall be subject to the payment of a collateral inheritance tax by the laws of this commonwealth, the Register of Wills of the county in which let- * Collateral kinsmen are those who have descended from one and the same common ancestor, but not one from the other ; thus brothers arid sisters are col- lateral to each other, as are also cousins, or an uncle and a nephew. The term collateral is used in opposition to lineal ; lineal kinsmen being those connected in a direct line of descent, as a man and his children, grandchildren, great-grand children, &c. EXECUTORS AND ADMINISTRATORS. 477 ters testamentary or of administration shall te granted, shall [at the sajne time*] appoint one of the appraisers, [and the assessor of the ward or township in which the decedent died shall be another appraiser,] whose duty it shall be to put a fair valuation on said real estate ; and it shall also be the duty of the said appraisers to make a fair and conscionable appraisement of the personal estate of the dece- dent, and to assess and fix the then cash value of all annuities and life-estates growing out of said estate, upon which annuities and life-estates the collateral inheritance tax shall be immediately payable out of the estate at the rate of the said valuation ; and the said appraisers shall be then paid for all services per- formed by them, in the City of Philadelphia and the incorporated districts of Phi- ladelphia County, and in the other cities and several seats of justice within the commonwealth, at the rate of one dollar per day, and "in the several counties" of the commonwealth at the rate of one dollar and fifty cents per day : Provided, that any person or persons dissatisfied with said appraisement or assessment siall have the right of appeal, within thirty days, to the Registers Court of the proper county, on paying or giving approved security to pay all costs, together with whatever tax shall be fixed by the said Court. When any Executor or Administrator sells at public auction or vendue any of the personal estate of the decedent, he must, within thirty days thereafter, file in the office of the Register having jurisdiction a just and true account of the articles so sold, and the prices and purchasers thereof. Act of 24th February, 1834. An Executor or Administrator should first pay the necessary fees and expenses incurred in taking out letters, proving the will, appraising, &c. ; then, if the estate be insolvent, (by Act of Congress of 3d March, 1797, c. 74, sec. 5,) debts due to the United States ; and then, (by Act of Assembly of Pennsylvania, of 24th February, 1834, sec. 21,) all other debts owing by decedent, in 'the manner and order following, viz. 1. Funeral expenses, medicine furnished and medical attendance given during the last illness of the decedent, and servants'f wages, not exceeding one year ; 2. Rents, J not exceeding one year ; 3. AU other debts, without regard to the quality of the same, except debts§ due to the commonwealth, which must be last .paid. No Executor or Administrator can be compelled to pay any debts of the dece dent except such as are by law preferred, in the order of payment, to rents, until one year be fully elapsed from the granting of the administration of the estate. Act of 24th February, 1834. By Act of Assembly of 14th April, 1851, it is enacted, that thereafter the widow or the children of any decedent dying within this commonwealth, testate or intestate, may retain either real or personal property belonging to the said estate to the value of three hundred dollars,- and the same shall not be sold, but suffered to remain for the use of the widow and family ; and it is made the duty of the Executor or Administrator of such decedent to have the said property appraised, in the same manner as is provided in the Act|| passed the ninth day of April, A. D. 1849, entitled "An Act to exempt property to the value of three hundred dollars from levy and sale on execution and distress for rent:" Provided, however, that this section shall not affect or impair any liens for the purchase-money of such real estate ; and that the said appraisement, upon being signed and certified by ' * The parts of the Act of Assembly of 10th April, 1849, above enclosed in brackets, have been so altered by the Act of 11th March, 1860, that the Register of Wills of the proper county is authorized to appoint an appraiser at such time or times as occasion may require. f The term servant means menial servants, hirelings, who make part of the family. 5 Binn. 167 ; 3 S. & R. 351. Forgemen are not such servants. 5 Binn. 167. A Barkeeper is. 3 S. & R. 351. Their right to preference is waived by their taking single bills (for the wages) from the intestate, payable at a future day. 17 S. & R. 292. I Rent embraces the interest due a widow, on lands taken under the intestate act. 1 Watts, 420. § A judgment of the commonwealth is to be paid, as other lien debts, out of the proceeds of sale of the realty. 4 Watts, 71. When land is sold for the payment of debts, the distribution is, after paying liens, according to the order of priority in case of personal estate. 4 Watts, 73. II For the details of said Act, and the mode of appraisement under it, see article Execution, pp. 376, 377. 478 EXECUTORS AND ADMINISTRATORS. the appraisers and approved by the Orphans' Court, shall be filed among the re- cords thereof. , For the mode of making out the accounts of Executors, Administrators, oi Guardians, on final settlement, see articles Accounts and Orphan^ Court. Form for Advertisement that Letters Testamentary, ^c. have been granted, ^c. Notice. — ^Whereas letters testamentary [or of administration, or as the case may be] to the estate of Richard Roe, late of ^, deceased, have been granted to the subscriber, all persons indebted to the said estate are requested to make immediate payment, and those having claims or demands against the estate of the said dece- dent will make known the same, ■without delay, to J. B., Uxeeutor, [or Administrator^ No. 8treet. Philadelphia, July , A. D. 18—. Form for Inventory of Property belonging to a Decedent's Fstate. A true and perfect inventory and just appraisement of all and singular the goods and chattels, rights and credits which were of Richard Roe, late of the Township [or City, or Borough'] of , in the County of and Commonwealth of Pennsyl- vania, Yeoman, [or as the case may be,] deceased, at the time of his death, to wit : Cash $ 500 00 Wearing apparel of the. deceased 80 00 6 horses 460 00 Horned cattle: 10 cows, 8 calves, and 1 bullock 150 00 75 sheep 93 75 100 lbs. of wool, last year's shearing 35 00 10 swine 25 00 Poultry 6 00 Crops growing at the time of decedent's death, viz. Wheat, 25 acres 125 00 Barley,10 « 60 00 Oats, 10 " 40 00 Grass, 20 " for mowing 50 00 Crops cut, viz. 1 mow of wheat 50 00 1 " barley 50 00 A quantity of hay in the barn '. 20 00 Farming implements, viz. Harness for 6 horses 60 00 3 two-horse ploughs 20 00 Amount carried over $1,794 75 BXECUTORS AND ADMINISTRATOKS. 479 Amount brought over $1,794 75 2 harrows and a roller 20 00 1 two-horse cultivator 8 00 1 one-horse " 5 00 1 wheat-drUl 75 00 1 cart and 1 two-horse wagon 65 00 Other farming implements 20 00 1 tworhorse carriage 200 00 1 buggy 100 00 Household goods, &c., viz. 4 beds and bedding $75 00 2 bureaus, 1 dining-table, and 2 kitchen- tables 25 00 12 parlor chairs 30 00 24 kitchen and other chairs 10 00 Pots and kettles 5 00 Crockery 30 00 Carpets 50 00 Knives, forks, and spoons 25 00 Silver and plated ware 50 00 „„„ „^ ^ 300 00 Bonds and notes, good 1,000 00 " " doubtful 300 00 " " desperate, $200 00 Book-accounts, good 500 00 « doubtful 200 00 " desperate, $100 00 $5,000 in State of Pennsylvania Five per cent. Stock. 5,000 00 12 shares in Bank of Pennsylvania Stock, $111 1,382 00 $10,919 75 Taken and appraised by us, the day of , A. D. one thousand eight hundred and. . A. B. C. D. If the appraisers are acting vmder the law relative to collateral inheritances, they should, after making the appraisement of the personal property, make that af the real estate, &o., in the same inventory, as prescribed by the Act of 10th April, 1849; but the inventory of the personal effects should be addec^up sepa- rately from that of the real estate, &c. Affidavit uf Appraiser B. County, ss. Personally appeared before m6, Regkter of Wijls [or Alderman, ov Justice of the Peace'] in and for the said county, A. B. and C. D., who, upon their solemn oath, [or affirmation,'] do depose and say, that they, at the request of the Register of 'Wills, [or Mxeeutor, or Administrator, as the case may require,] did " well and truly, and without prejudice or partiality, value and appraise the goods, chattels, and credits" which were of Richard Roe, de- 480 EXTKADITION. ceased, as set forth in the Inventory h,ereto annexed, " and in all respects perform their duties as appraisers, to the best of their skill and judgment." A. B. C. D. Sworn [or affirmed] and subscribed, this day of A. D. 18— , before me. DAVID McALLASTER, Register. [Or Aldermah, or Justice of the Peace.'] Another Form of Inventory of personal property of decedent. Inventory and appraisement of the goods and chattels, rights and credits which were of A. H. S., late of Philadelphia, taken and made in conformity with the foregoing deposition. StoolcB owned by A. H. S. at the time of his death : Dolls. Cts. Dolls. Cts. $12,000 Little Schuylkill Nav. Co. Coupon bonds, at $87.50 . 10,440 00 $3500 Phila., Wil., & Bait. Railroad Co. bonds, 1860, at $82.50 2891 5750 88 500 shares Girard Bank Stock, at $11.50 . . . 00 10 " Lehigh Navigation Co.'s scrip, at $67.60 675 00 11 " Laokawana and Bloomsburgh Eailroad Company, at-$10.00 100 00 50 shares Lehigh Coal & NaT. Co. stock, at $78.00 3900 00 20 " Girard Fire and Marine lus. Co. stock, at par • . 2500 18,540 00 206 shares Magnetic Telegraph Co. stock, at $90.00 00 '^Estimated value of stock standing in the name of S., A., and S., in which A. H. S., at the time of his death was interested to the extent of one-third : $3000 6 per cent, loan. City of Philadelphia, at $89.50 2685 43 00 50 $50.00 Penna. Railroad stock, at $43.50 . . . $1000 Little Schuylkill Nav. Railroad & Coal Com- pany mortgage ioan, at $87 870 00 $3000 Illinois Special Bonds, State stock, at $105 3150 00 $1080 Illinois Interest bond, at $70 . '. . . . 756 00 $4000 Mountain Iron Co.'s bonds, at $80 . . . 3200 00 $5000 Schuylkill Bank stock, at par 5000 00 $3000 Texas 8 per cent, bonds 1500 00 17,204 50 One-third of $17,204.50 is 17,204 50 5734 83J Amount carried over 49,531 m % * It is not considered essential to be thus minute in setting forth so fully all the partnership matters, but the appraisers may sum up the interest of decedent in a copartnership generally, without mentioning the particulars, if desired. It would, however, be well for appraisers to add in the inventory of all decedents' estates which are interested in any copartnership, the concluding statement contained ic this inventory ; or altered to sviit the facts in the case. EXECUTORS AND ADMINISTUATOBS. 481 Amount brought over Estimated value of bonds and mortgages, &c., belonging to S., A., and B., in which A. H. S. at the time of his death was interested to the extent of one-third: T. H., bond and mortgage, April 1856 .... J. N., bond and mortgage on property, April 9th, 1856, on B Street E. A. M., note dated 10th April, 1856, with interest E. M., " 12th May, 1856, " " One-third of $9000.00 is . . Horses, carriages, &c., belonging to A. H. S. at the time of his death, to ^it : 1 pair carriage horses and blankets . . . , . 1 single horse " 1 new carriage 1 set double harness 1 " single " W. L., note, 1856 A. L., note, 1857 • Due on open account by E. M. E ^Interest of A. H. S. in the goods and chattels in the press-room of L Building, in which said S. was interested to the extent of one-third . . Interest do. in editorial-room " " counting-room " " paper, ink, and cog.! on hand, 10th December, 1856 Interest do. in job office Estimated value of book debts due to S., A., and S. supposed to be good, amounting in the whole to One-third of $27,870.76 being Dolls. Cts. Dolls. 17,204 50 49,531 3000 00 8000 2000 1000 00 00 00 9000 00 3000 300 100 850 125 45 200 600 6000 20,412 84 140 00 83 33 3151 2331 76 22 1800 62 27,870 76 9290 69,541 Cts. 71* 00 00 00 00 00 00 00 00 00 2bi So much of the amount of the said inventory and appraisement as consists of the interest of the said A. H. S. in the property belonging to the copartnership lately composed of the said W. M. S., A. S. A., and the testator is subject to the credits to which the surviving partners, W. M. S. and A. S. A., may be justly entitled by reason of their obligation as such surviving partners to fa,j the debts of the said late copartnership, and to carry into effect the contracts entered into by the said late copartnership prior to the death of the said testator, and is also subject to such other deductions as of right ought to be made in the settlement of the affairs of the said late copartnership by the surviving part- ners aforesaid. (Signed,) J. R. C» G. H. H. 31 See note on preceding page. 482 EXBCTJTORS AND ADMINISTRATOBS. » Samuel Hood, Esq., gave the editor of this work access to his manuscript of practical directions and forms, prepared by him for his new edition of "Hood on Executors," with the privilege of making such selections from his notes and forms as might be deemed important for this work, ^o him, therefore, the editor is indebted for much that is valuable in the additions here made under this divi- sion, and the legal profession will find the forthcoming edition of Mr. Hood's work, now in preparation for the press, one of ability and great value. Soon after letters are granted, the widow, if any, or if none, the children of the . decedent, ought to determine whether to avail themselves of the exemption law. Where personal property alone is selected, it would be convenient to specify it particularly, and request an appraisement either before or at the time when the executor or administrator is taking an inventory. Although a verbal request may be sufScient, yet a written notice or demand is preferable. The appraisement may be made by the same persons who have been appointed by the executor or adminis- trator to appraise the whole of the personal estate of the deceased ; and, as the Act of 1849 requires three, a third appraiser should be selected to co-operate with the others. But, in this case, an additional oath or affirmation ought to be administered before entering on the appraisement of the property selected by the widow. For this, and more full information on the subject, see the new edition of Hood on Executors. The following forms are drawn for the widow, but they can be changed to suit the application of the children of the decedent for the $300 exemption law under said Act of 14th April, 1851. FORMS FOR THE APPRAISEMENT OF THE PROPERTY TAKEN BY THE WIDOW AND CHILDREN OP DECEDENT TO THE AMOUNT OF $300 UNDER THE 5TH SECTION OF THE ACT OF ASSEMBLY OF 14TH APRIL, 1851. Form of Notice or Demand of the Widow to the Executor {or Ad- ministrator'] for claim of Personal Property under said Act. To J. W. D., Executor [or Administrator] of C. D., deceased. You will please take notice that I claim the benefit of the fifth section of the Act of 14th April, 1851, and elect to take under the same as widow of the said C. D., deceased,* the following articles of personal property or so many of them as shall be of the value of three hundred dollars, to wit : [hore enumerate the articles of furniture or other personal property selected.] And I request that the same be appraised and set apart for the use of myself and family. Yours, respectfully, January 15th, 1857. JULIA D. Form of appointing Appraisers under Act of 14 ^ By omittiog the worda in italic, enclosed in brackets^ in the above form, the power to appoint substitutes -will not be conveyed. Letter of Attorney to Collect Debts, with [or without'] power to appoint Substitutes. Know all men by these presents, that I, A. JB., of , in the County of and State of Pennsylvania, Merchant, have made, constituted, and appointed, and by these presents do make, constitute, and appoint, C. D., of the of , and state aforesaid. Merchant, my true and lawful attorney, for me, and in my name and for my use, to ask, demand, sue for, recover, and receive all such sum or sums of money, debts, goods, wares, and other demands whatsoever, which are or shall be due, owing, pay- able, and belonging to me, by any manner or means whatsoever, especially, &c., [here state particularly what the attorney is re- quired to execute :] Giving and granting unto my said attorney, by these presents, my full and whole power and authority, in and about the premises, to have, use, and take all lawful ways and means in my name for the purposes aforesaid ; and upon the receipt of any such debts, dues, or sums of money, acquittances or other sufficient discharges, for me and in my name, to make, seal, and deliver ; and generally all and every other act or act^ thing or things, device or devices in the law, whatsoever, needful * d necessary to be done in and about the premises^ for me and in my name, to do, execute, and perform, as fully, largely, and ampljfy to all intents and purposes, as I myself might or could do, if personally present, [and attorneys one or more under him, for the purpose aforesaid, to make and con- stitute, and again at pleasure to revoke;] hereby ratifying, allow- ing, and holding for firm and efiectual all and whatsoever my said attorney [or his substitute or substitutes] shall lawfully do, in and about the premises, by virtue hereof. ' In witness whereof, &c. The words in italic, enclosed in brackets, to be omitted, if it is not designed to give the power to appoint substitutes. LETTERS OF ATTORNEY. Letter of Attorney to Receive Money on a Bond. 533 Know all men by these presents, that I, A. B., of , and State of Pennsylvania, Hatter, do make, constitute, and appoint C. D., of , in the State of , my true and lawful attorney, for me, and in my name, to ask, demand, and receive from E. F., of aforesaid, the sum of dollars, due unto me in and by a certain bond or obligation, bearing date the' day of , A. D..18 — ■; and upon non-payment there- of, to have, use, and take all lawful ways and means, in my name or otherwise, for the recovery of the same, with the interest thereon, if any be due, by attachment, bill, plaint, arrest, or other- wise. ' ^"^ In witness whereof, I have hereunto set my hand and seal, this day of' — ■ , A. D. one thousand eight hundred and Letter of Attorney to Acknowledge Satisfaction on a Mortgage. To aU to whom these presents shall come, A. B., of Merchant, sendeth greeting: Whereas 0. D., of the County of , Farmer, by indenture of mortgage under his hand and seal, bearing date the day of , in the year of oijar Lord one thousand eight hundred and , for the better secur- ing the payment of the sum of dollars, with its interest, which he was justly indebted to the said A. B. on a certain obliga- tion therein mentioned, did grant, bargain, sell, release, and con- firm unto the said A. B., his heirs and assigns, the premises in the said indenture particularly described ; to hold the same until due satisfaction shoidd be made for the said debt and interest, then the said indenture of mortgage to be null and void, as by the said re- cited indenture, recorded in the oflSce for recording of deeds, &c., for the County of , in Mortgage Book G. W. C, No. 12, page 12, &c., relation being thereunto had, appears : and whereas the said C. D. hath fully satisfied and paid the said debt and inte- rest. Therefore know ye, that the said A. B. hath made, consti- tuted, and appointed, and by these presents doth make, constitute, and appoint, T. P., of the County of , Attorney-at-law, his true and lawful attorney, for him and in his name to appear in the aforesaid office, and there acknowledge and enter satisfaction, in the, margin of the record aforesaid, for the said debt and interest, in full discharge of the said mortgage and of the obligation therein recited ; and for his so doing, this shall be his stiffioient warrant. In witness whereof, I have hereunto set my hand and seal, this : day of , A. D o0 thousand; eight hundred and 534 LETTERS OF ATTORNEY. Letter of Attorney to Receive a Legacy. To all persons to whom these presents shall come, I, Daniel Brown, of , and Sarah my wife, (late Sarah Wilson,) one of the daughters and legatees named in the last will and testament of Hugh Wilson, late of , deceased, send greeting : Whereas the said Hugh Wilson, in and by his last will and testament, bear- ing date the day of , A. D. 18 — , did, amongst other things, give and bequeath unto his said daughter the sum of dollars, payable in months after his decease, [or as the case may be ;] and by his said will did appoint James Freeman Executor, as in and by the said will, duly proved and remaining iii the Register's office at , in and for the .Qounty of , relation being thereunto had, appears : Now know ye, that I, the said Daniel Brown, andfcSarah my wife, have made, constituted, and appointed, and by these presents do make, constitute, and appoint, Charles Davis, of , in the County of , our true and lawful attorney, for us, and in our names and for our use, to ask, demand, sue for, recover, and re- ceive of and from the said James Freeman, Executor as aforesaid, or in whose hands soever the same may be found, the said legacy or bequest mentioned in the said will, and also all such other sum or sums of money, debts, goods, wares, and demands whatsoever, which are or shall be due, owing, payable, and belonging to us, by any means whatsoever, for or on account of her full share, part, or dividend of the estate aforesaid : Giving and granting unto my said ( attorney full power and authority to do and perform all and every act and thing whatsoever requisite and necessary to be done in and about the said premises, as fully, to all intents and purposes, as I might or could do, if personally present ; hereby ratifying and con- firming all that my said attorney shall lawfully do or cause to be done by virtue hereof. In witness whereof, &c. Letter of Attorney to Receive the Rents of an Estate. Know all men by these presents, that I, A. B., of , have made, constituted, and appointed, and by these presents do make, constitute, and appoint, C. D, of , my true and lawful attor- ney, for me, and in my name and for my use, to ask, demand, and receive all such rents and arrears of rent which now are or here- after shall grow due or owing to me, from E. F., G. H., I. K., or any of them, as tenants or occupiers of any lands, tenements, or hereditaments belonging to or claimed by me, situate at , or which may be due from or payable by any other person or persons whomsoever, as tenants, occupiers, or lessees or assignees of any term or terms of such lands, tenements, or hereditaments, or any of them, or any part or parcel of them ; and upon receipt thereof, LETTERS OF ATTOENBT. 535 to give proper acquittances and sufficient discharges thereof; and in default of payment thereof, or any part thereof, to my said attor- ney, I do hereby authorize and empower him, my said attorney ,-for me and in my name, into and upon the said messuages and premises to enter and distrain, and the distress and distresses there found and taken to dispose of according to law, for the speedy recovering and obtaining my said rent and arrears of rent, or otherwise to proceed by a suit or suits at law for the recovery thereof, as by him, my said attorney, shall be thought fit ; hereby ratifying and confirming all that my said attorney shall lawfully do or cause to be done by virtue hereof. In witness whereof, &;c. Letter of Attorney to Transfer Stock. Know all men by these presents, that I, A. B., of , do make, constitute, and appoint C. D., of , my true and law- ful attorney, for me and in my name to transfer and assign unto E. F. shares of stock in the Exchange Bank of Pittsburgh, standing in my name in the books of said bank, and to do all ne- cessary acts, and to make the necessary acquittances to efi'ect the premises; hereby ratifying and confirming all my said attorney shall lawfully do by virtue hereof. In witness whereof, &c. Letter of Attorney to Receive a Dividend. Know all men by these presents, that I, A. B., of , do authorize, constitute, and appoint C. D., of , to receive from the Cashier of the Mechanics' Bank of , the dividend now due to me on all stock standing to my name on the books of the said company, and to receipt for the same ; hereby ratifying and confirming all that may lawfully be done in the premises by virtue hereof. Witness my hand and seal, &c. Letter of Attorney to Vote. Know all men by these presents, that I, A. B., of , 'To hereby constitute and appoint C. D., of , my proxy, for me, and in my name and behalf, to vote at any election for Birectors [or Trustees, kc, as the proper style may be] of the [here insert the corporate title of the company,] and on all other matters which at any regular meeting of the stoekholders [or as the case may be] may properly come before them. In witness whereof, &c. 536 LETTERS OF ATTORNEY. Letter of Attorney to Reeeive the Back Pay of al)eceased Soldier. Know all men by theae presents, that I, Mary Bond, Adminis- tratrix of all and singular the goods and chattels, rights and credits which were of Abel Bond, late a private in the company and regiment of infantry of the Army of the United States, deceased, who died intestate, have made, eonstituted, and appointed, and by these presents do make, constitute, and appoint, John Wil- son, of , and State of Pennsylvania, my true and lawful attorney, for me, and in my name and for my use^ to ask, demand, and receive, from the proper ofiScer of the United States authorized to settle and pay, all such sum or sums of money or arrearages of pay due and coming unto my late husband, the said Abel Bond, deceased ; hereby ratifying and confirming all that my said attor- ney shall lawfully do by virtue hereof. In witness whereof, &c. Letter of Attorney to make Partition of an Estate. Know all men by these presents, that I, A. B., of , Far- mer, do make, constitiite, and appoint 0. D., of , my true ajid lawful attorney, for me, and in my name and behalf, to make partition and division with the other heirs of my late father, de- ceased, of his estate, real and personal, and my share and part of his personal estate to accept and receive ; and upon any partition Or division, to enter upon and take possession of any lands, tene- ments, or hereditaments which mary be set off to me as my share and purpart of the real estate aforesaid ; and to enter into any covenant or agreement respecting my share and purpart of said estate, real or personal, which my said attorney shall think reason- able and for my interest; and in my name and for my use to de- mand, sue for, recover, receive, and take possession of all and sin- gular lands, tenements, and hereditaments, sum and sums of money, goods and chattels, withheld from me, to which I am entitled, and which I may lawfully claim from the heirs, executors, or adminis- trators of my said father, or any other person or persons whatso- ever. [Here add a power to appear before courts, &e., a power of substitution, and a covenant to ratify, &c.] In witness whereof, &c. Letter of Attorney, to an Attomey-at-law, to appear in a Suit for Defendant. Know all men by these presents, that I, A. B., of the City of ■ , do hereby make, constitute, and appoint C. D., Esq., of the Borough of , my good and lawful attorney, in law and m fact, to appear for me in a certain plea pending in the Court of Common Pleas, wherein E. E. is plaintiff and I, the said A. B., am LITTERS OF ATTORNEY. 537 defendant, and to take defence and use all lawful ways and means, in my natoe, therein, in as full and effectual a manner as I could do, if personally present in the said Court ; hereby confirming and sanctioning whatsoever my said attorney in the said plea, touching the defence thereof, may do according to law in the premises. In witness whereof, &c. Letter of Attorney, to an Attorney-at-law, to Institute a Suit. Know all men by these presents, that I, A. B., of , do hereby make, constitute, and appoint C. D., Esq., of , my good and lawful attorney, in law and in fact, to institute, for me and in my name, a suit at law against a certain B. F., in a pro- per and convenient court of law, and the same to conduct to trial and judgment in as speedy a manner as the said C. D. reasonably can ; and to conduct the prosecution of the said suit or action so to be brought, and to use all lawful ways and means, in my name therein, in as full and effectual a manner as I, the said A. B., could do, if personally present ; hereby confirming and sanctioning what- soever my said attorney in the said suit, touching the prosecution thereof, may do according to law in the premises. In witness whereof, &c. Letter of Attorney hy Plaintiff, to an Attorney-at-law, to Conduct a Suit already brought. Know all men by these presents, that I, A. B., of , do hereby make, constitute, and appoint C. D., Esq., of , my good, and lawful attorney, in law and in fact, to appear for me in a certain plea or action, commenced and pending in the Court of Common Pleas for County, wherein I, ,the said A. B., am plaintiff and a certain E. F. is defendant ; and to conduct the pro- secution of the Soiid plea or action so as aforesaid brought, and to use all lawful ways and means, in my name therein, in as full and effectual a manner as I eould do, if personally present; hereby confirming and sanctioning whatsoever my said attorney in the said action, touching the prosecution thereof, may do according to law in the premises. In witness whereof, &c. Letter of Attorney, from a Corporation, to Collect Debts. Know all men by these presents, that we, the President, Direc- tors, and Company of the Banlc of Pennsylvania, for us and our successors, have made, constituted, and appointed, and by virtue hereof do make, constitute, and appoint, A. B., of , our suf- ficient and lawful attorney, for us, and in our name and to our use, to demand, recover, and receive all and singular the sum and sums 538 LETTERS OF ATTORNEY. of money now due, payable, and coming unto us or our successors, by virtue of any mortgages, promissory notes, contracts, or engage- ments, in deed or in law, now in being, from any person or persons whatsoever : Hereby giving and granting to our said attorney full power and authority to institute and pursue unto final judgment and execution any process or suit, processes or suits, which our said at- torney shall deem expedient ; and in such suit or process, suits or processes, for us to appear, and us to represent before any court or courts having jurisdiction, and therein to plead for us, and all stipu- lations or other requisites, in any such suit or process, in our name and behalf, to make, allow, and establish ; and, at his discretion, to submit to arbitration, or any compromise whatsoever, any matter in dispute ; and of all receipts due acquittances, in our name and stead, as our deed or .deeds, to make, seal, and deliver; hereby ratifying and confirming whatsoever our said attorney may lawfully do, by virtue hereof, in the premises. In witness whereof, the President, Directors, and Company of the Banh of Pennsylvania, by their President, Joseph Trotter, Esq., and by an order of the Board of Directors,! have caused their com- mon seal to be affixed, this day of , A. D. 18 — . JOSEPH TKOTTER, JPresident. Attest: George Philler, Cashier. General Letter of Substitution. To all persons to whom these presents shall come, greeting : Wherefl,8 A- B., of —, and State of , Merchant, in and by a certain instrument of writing or letter of attorney, bearing date the day of , in the year of our Lord one thou- sand eight hundred and , did make, constitute, and appoint C. D. to, &c., [as in the original power,] as in and by the said let- ter of attorney, which is hereunto annexed, [or recorded, &c.,] re- lation being thereunto had, appears : Now know ye, that I, the said C. D., have made, appointed, and substituted, and by these pre- sents, by virtue of the power and authority given to me by the said recited letter of attorney, do make, appoint, and substitute E. F., of , to be the true and lawful attorney of the said A. B., the constituent in the foregoing letter of attorney named, to do, execute, and perform all such acts, deeds, matters, and things, as shall and may be requisite and necessary to be done and performed for effecting the purposes and objects in the said letter of attorney LETTERS OF ATTORNEY. 60!^ contained, as fully and effectually, in all respects and to all mte;its and purposes, as I myself might or could do, in virtue of the power and authority aforesaid, if personally present; hereby ratifying and confirming all and whatsoever my said substitute may lawfully do by virtue hereof. In witness whereof, &c. Letter of Revocation, and Appointment of another Attorney. To all persons to whom these presents shall come, I, A. B., of -, send greeting : Whereas I, the said A. B., did heretofore, by a certain instrument in writing or letter of attorney, empower C. D., of , to be my attorney, in my name and for my use, to recover and receiye all such moneys, debts, and effects whatso- ever, as were due, owing, or payable unto me by, &c., [as in the power ;] and to do all other matters and things, as fully as I my- self might or could do, for that purpose, &c., or to that or the like effect, as by the same writing, relation being thereunto had, at large appears : Now know ye, that I, the said A. B., for divers good causes and valuable considerations me thereunto moving, have re- voked, recalled, countermanded, and made void, and by these pre- sents do revoke, recall, countermand, and to all intents and pur- poses make null, void, and of none effect, the said recited writing or letter of attorney, and all powers and authorities therein and thereby given and granted, and all other matters and things there- in or in any of them contained ; and all acts, matters, and things whatsoever which, shall or may be acted, done, or performed, by virtue or means thereof, in any manner whatsoever. [If another attorney is appointed, continue as follows : " And fur- ther know ye, that I, the said A. B., do by these presents make, name, constitute, and appoint, and in my place and stead put and depute J. E,., of , to be my true and lawful attorney, for me and in my name, &c.," as in the form of letter of attorney desired.] In witness whereof, ka. 540 LETTERS OP CEEDIT, AND GUAUANTIBS. LETTERS OF CREDIT, AND GUARANTIES. A Letteb of Ceedit is a letter (usually unsealed) from a person, (generally a meroliant, exchange-broker, or banker,) addressed to his correspondent or factor (usually a merchant, exchange-broker^ or banker) in another country or place, requesting him to credit the bearer mth a certain sum of money. Letters of Credit are either general or fecial. A general or cirmlar letter is ad- dressed to the grantor's correspondents generally : such are frequently granted in England and on the continent of Europe, but rarely, if ever, in the United States, A special letter is addressed to some one person in particular. To prevent fraud, the signature of the person in whose favor the letter of credit is drawn should be appended to it ; and the grantor should immediately advise his correspondent, by mail, of the granting of said letter, furnishing him at the same time with a duplicate of it, and with a particular description of the appear- ance of the person in whose favor the credit is requested. When the letter is presented to the person to whom it is addressed, he either agrees to comply with the request, in which case he immediately becomes bound to fulfil all the engagements therein mentioned ; or he refuses, in which case the bearer should return it to the giver without any other proceeding ; unless, indeed, the merchant to whom the letter is directed is a debtor of the merchant who gave the letter, in which case he should procure the letter to be protfested. 3 Chit. Com. Law, 337 ; Malyn, 76 ; 1 Beaw. Lex Mer. 607 ; Hall's Adm. Pr. U ; 4 Ohio R. 196 ; 1 Wils. R. 510. If the person in whose favor a letter of credit is granted has paid for it, or lodged securities with the grantor for its payment, or received the letter in pay- ment of money due to him by the grantor, the payment of the amount credited, by the person to whom the letter is addressed, raises a debt on the grantor of the letter, but not on the party accredited, feut if the letter is granted as an accom- modation, and is meant to raise a debt on the person accredited, the engagement on the part of the grantor generally is to see paid such advances as may be made to the person accredited, to the amount designated, and raises a debt both against the grantor of the letter and the person accredited. See 1 Bell's Com. 5th ed. 371. The bearer of a letter of credit is not considered bound to receive the money placed to his credit ; he may use the letter as he pleases, and he contracts an obligationonly by receiving the money. Poth. Contr. de Change, 237. Form for a Special Letter of Credit. Philadelphia, M.^-^ 22d, 1852. Messrs. C. & D., London. Gentlemen, — ^We take pleasure in introducing to you Mr. John Jones, who is about to visit England and France, and desires us to open a credit for him -with you for f/ve hundred pounds sterling. You will please honor his drafts to an amount not exceeding in all the sum above named, and charge the same to us, with advice. Annexed, we send you the signature of Mr. Jones. Yery respectfully, Yours, &c. &c., A. & B. Signature of JoHii Jones. LETTERS OF CREDIT, AND GUARANTIES. 541 Form for Letter Advising of the Gfranting of a Letter of Credit. Philadelphia, May 22d, 1852 Messrs. C. & D., London. Gentlemen, — We have this day granted a letter of credit on you, (duplicate of which we enclose,) for five hundred pounds ster- ling, to Mr. John Jones. Mr. Jones is a inan of about forty-five years of age, about five feet ten inches in height, dark complexion, and slightly marked by small-pox. Very respectfully. Yours, &c. &c., A. & B. Payment for imports from China, India, &o., is frequently made by bills of ex- change drawn in those countries, under letters of credit issued in the IT. States, which differ in form from that above giyen, and to which the above remarks, as to presentation to the party to whom addressed, are of course not applicable. Being used only by a few merchants, a form for them is not here inserted. A Guaranty is a promise or engagement by a person (called the guarantor) that certain engagements made or to be made by another person shall be performed. A guaranty of a debt already contracted must, in most of the states, be in writ- ing ; and, in New York and some other states of the Union, it has been decided that it must also express on the face of it the consideration for which it was granted. 4 Barn. & Aid. 595; 5 Eftst, 10; 3 Johns. 210; 2 Nott & McCord, 3i7. In Pennsylvania, a guaranty by parol is valid ; but the evidence of the promise must be clear and explicit, so that there shall be no room to suspect mistake, mis- apprehension, or any unfairness in the transaction. 7 W. & S. 429 ; 1 P. R. 385. A guaranty of an engagement yet to be made is binding, whether parol or writ- ten ; but the latter is preferable, on account of the evidence of the fact being so much more easy of proof. In order to charge a guarantor upon a letter of guaranty, it is settled in the Supreme Court of the United States that express notice should be given to the guarantor that his guaranty has been accepted, and the credit has been given on the strength of it. Adams v. Jones, 12 Peters, 207 ; Lee v. Dick, 10 Peters, 482. See also Babcook v. Bryant, 12 Pick. 133 ; Craft v. Isham, 13 Con. R. 28. In Vermont, such express notice seems not to be necessary. Train v. Jones, 11 Ver- mont R. 444. The guarantor is bound to fulfil the engagement he has entered into, provided the principal debtor does not. He is bound only to the extent that the debtor is ; and payment made by the debtor, or release of him by the creditor, will ope- rate as a release of the guarantor, (3 Penna. R. by Penrose & Watts, 19 ;) or if the creditor should give time to the debtor beyond that contained in the agree- ment, or substitute a new agreement, or do any other act by which the guaran- tor's situation would be worse, the obligation of the guarantor would be discharged. Smith on Mer. Law, 285. In Pennsylvania, when the word guaranty, alone and unqualified, is used, the creditor must pursue the debtor, before he resorts to the guarantor ; or else must show that the affairs of such debtor were in such condition, that proceedingi against him would have proved fruitless. 1 Wal. Jr. 149; 2 Wh. Dig. 625, Form for Guaranty of a Debt not yet Incurred. Erie, May 22d. 1852. Messrs. C. & D., * Philadelphia. Gentlemen, — The bearer, Mr. John Jones, of this place, la about to visit your city for the purpose of renewing his stock of P42 LETTERS OF LICENSE. goods, and will have occasion to purchase articles in your line of business. Mr. Jones has been established in this city as a mer- chant for eight years past, and during the •whole of that period has conducted himself in such a manner as to secure the respect of his fellow-citizens, and to establish his reputation as an energetic and prudent man in business operations. His capital, at the commence- ment of his mercantile career, was, I believe, little or nothing ; but he is now generally estimated by our citizens to be worth about ten thousand dollars. As, however, you are not acquainted with him, I am willing to, and do hereby, guaranty the payment for any purchases he may make of you within the next three months, to an amount not exceeding three thousand dollars. Very respectfully. Yours, &c. &c. GEORGE BROWN. LETTERS OF LICENSE. A fiETTEK OF License is an instrument or 'writing made by creditors to their dj four even and equal payments or portions, that is to say : the first payment to be made in one year next ensuing the date hereof; the second payment in two years next ensuing ; the third payment in three yeats next ensuing ; and the last payment or residue of such debts to be made in four years next ensuing the date hereof. And we do further severally and respectively agree not to arrest, sue, implead, attach, or prosecute, by any manner of ways or means whatsoever, the said S. R. or his goods or effects, unless default LUNATICS AND DRUNKARDS. 543 sLall happen to be made in payment of the debts aforesaid on the several days and times above limited, under forfeiture and loss of such of our debts and sums of money for which we shall so arrest, sue, implead, attach, or prosecute. Witness, &c. LUNATICS AND LRUNKAEDS. By the Act of Assembly of Pennsylvania, of IStli June, 1836, relating to luna- tics and habitual drunkards, the word lunatic, in said Act, is to " be construed to mean and include every person of unsound mind, whether he may have been such from his nativity, as idiots, or have become such from any cause whatever." Pamph. L. 692. And, by tliis and other laws of Pennsylvania, the habitual drunk- ard* is put upon the same footing with the lunatic, being liable to be deprived of the control and management of his property, and to have his person and estate placed under the care of a committee appointed by the Court of Common Pleas. See Acts of 13th June, 1836, Pamph. L. 689 et acq. ; 16th April; 1849, Pamph. L. 663 ; 15th April, 1861, Pamph. L. 7X4. The Supreme Court and the Court of Common Pleas of Pennsylvania have con- ferred upon them, by article 6, section 6, of the Constitution, the powers of a Court of Chancery in cases of lunacy and habitual drunkenness. Upon a traverse [or denial of the finding] of the inquisition made upon a com- mission of lunacy, the question to be determined is, whether the mind of the alleged lunatic is deranged to such an extent as to disqualify the traverser from conducting himself with personal safety to himself and others, and from managing and disposing his own affairs and discharging his relative duties. 6 W. & S. 451. The contracts of a habitual drunkard, made after inquisition found and before Its confirmation, are void. 6 Watts, 139. By the Act of 13th June, 1836, the Court of Common Pleas is authorized to issue a commission to inquire into the lunacy or habitual drunkenness of any person with- in the commonwealth, or having real or personal estate therein. This commission of inqmry cannot be issued except upon application of a relation, by blood or mar- riage, of the person therein named, or of a person interested in his estate, nor un- less such application is accompanied by afiSdavits of the truth of the facts therein stated. By the Act of 15th April, 1851, the law is so changed, that when an al- leged lunatic or habitual drunkard has no relative by blood or marriage residing within the commonwealth, any disinterested person of the same township, ward, or borough of the county where such lunatic or habitual drunkard resides, may make the application to said Court in the same manner as directed by relatives, that is, by petition, [see Form No. 1 or No. 2, according as the lunatic, &c. has or has not property,] accompanied by an ai£davit. The commission [see Form No. 3] so issued is directed to one or more persons therein named, and the Inquisition made thereon by such one or more commissioners is good and valid. The commissioners thus appointed issue their venire to the Sheriff, [see Form No. 5,] to require him to summon such number of persons, not less than "six" * A habitual drunkard is defined, by Bouvier's Law Dictionary, to be " one who Is so frequently drunk as to manifest a design of repeating the act." But believ- ing, as we do, that by the frequent repetition of the act of intoxication the moral power to resist present temptation is weakened, and that this weakness or inability to resist temptation, and not the deiign or intention to repeat the act of intoxica- ti jn, is all that is necessary to constitute the habitual drunkard, we suggest the following definition, viz. : — One in whom, by frequent repetition of the act of in- toxication, the moral power to resist present temptation to indulge in the commis- sion of said act has been so weakened, that there is reasonable ground to believe that he will continue frequently to repeat the act. 5ii LUNATICS AND DRUNKARDS. nor more tjian "twelve," upon tie inqjiest, as the eirc;unist;ances of the esse may seem to them to require. The commiBsion [Form No. 3] Tfill give them the de- Bired information aB to their further duties and powers. See also the Act of 13th June, 1836, Pamph. L. 589. By the said Act of 13th June, 1836, it is made the duty of the Court to make such order respecting notice of the execution of the commission, to the party with respect to whom such commission is issued, or to some of his near relations or friends who are not concerned in the application, as the said Court shall deem advisable. The Court are also empowered, if they are satisfied upon such application that the alleged lunatic, &c., has no estate, or that his estate is so small that the costs of the inquisition will be found an undue burden, to direct an inquest to be impanelled from the jurors attending the Court, and that the inquisition be held by one of the Judges of the Court, at such convenient time and place as shall be ordered by the said Court. And such inquisition has the like effect as if made by commissioners. ' After the commissioners and the jury summoned by virtue of the venire have complied with the direction in the commission, the commissioners should make their return in accordance therewith, [see Form No. 4.] together with the finding on the inquisition, [see Form No. 7 or No. 8, according to the decision in the case,] signed by the commissioners and the jury. The fees of the commissioners are fixed by the Court ; the persons impanelled on the inquest held by the commissioners are entitled to receive seventy-five cents each for their services, or, if their labors are not completed in one day, one dollar for each day they shall be employed therein ; and the Sheriff is allowed the same fees as he is entitled to, by the fee-bill, for holding inquisitions on real estate. If the inquisition should be traversed or controverted, see Forms No. 9, 10, and 11. On the return to Court of the inquisition as aforesaid, if the finding is that the person therein named is a lunatic or habitual drunkard, the Court is authorized to commit the custody and care of the person or estate, or of both, of such lunatio or habitual drunkard to such person or persons as they shall deem most suitable, according to the rules heretofore practised and allowed. The committee of the estate must give security, [for form of Bond, see Form No. 12;] and it is the duty of such committee, within forty days after they have undertaken the trust, to file in the office of the Prothonotary of the Court having jurisdiction a just and true inventory of all the personal estate belonging to the lunatio or ha- bitual drunkard, so far as the same has come to their possession or knowledge, together with a statement of the real estate ; and within forty days after any other personal or real estate shall come to their posseBsion or knowledge, it is their duty to file an additional or supplemental inventory or statement, contain- ing the same. In the case of a person found to be a lunatic or habitual drunkard, by any authority out of the Commonwealth of Pennsylvania, such inventory and statement should be of the real and personal estate of such lunatic or habitual drunkard within this commonwealth. If the committee finds it necessary to sell or mortgage real estate, they are re- ferred to Form No. 13. This petition must be accompanied by — 1st. A true and perfect statement or inventory of the real and personal estate, so far as the same has come to the knowledge of the committee. 2d. A statement of the debts due by such lunatic or habitual drunkard, so far as the committee can ascertain the same. 3d. An estimate of the sum that would probably be required annually for the support and maintenance of such lunatic or habitual drunkard, and for the support and maintenance of his family and education of his children, if he have any. Which statements, estimate, and inventory must, in all cases, be supported by the oath or aflirmation of the applicant. For form of Return of Committee to Court, petitioning them to confirm sales, see Form No. 14. If defendant alleges restoration of his reason, or reformation, he can make ap ■ plication to the Court, as in Form No. 15. The Act of Assembly of 1836, should be carefully referred to in the whole proceedings. LUNATICS AND DRUNKARDS. 545 1. Form of Petition for Inquisition, where Lunatic [or Drunkard] has Property. To the Honorable the Judges of the Court of Common Pleas for the County of . The petition of A. B., of the of , and State of Pennsylvania, respectfully showeth, that he ia a citizen of this commonwealth, and is a relation hy hlood [or marriage, or is inte- rested in the estate] of 0. D., of the of , being brother to the said 0. D., [or, that the said 0. D. has no relation by blood or marriage residing in this commonwealth;] and that the said C. D. has become a lunatic, [or a habitual drunkard,] and by reason of lunacy [or habitual drunkenness] has become incapable of managing his estate, and is wasting and destroying the same ; that he, the said C. D., is seized of considerable real estate, and possessed of some personal property, and has a wife [or as the case may be] and children. Your petitioner therefore' prays this honorable Court to appoint a commissioner or commissioners, and to issue their precept to the same, directing them to proceed as enjoined by law, in such cases made and provided, and to inquire whether the said 0. D. has or has not, by reason of lunacy, [or habitual drunkenness,] become inca- pable of managing his estate ; and also to do such further things as the Act of Assembly, in such case made and provided, may require; and he will ever pray, &c. A. B. Affidavit. A. B., being duly sworn, deposes and says, that the facts set forth in the foregoing application or petition are just and true. Sworn and subscribed, &c. By the Act of 13tli June, 1836, more than one afiSdavit is required. See quo- tation from said Act on page 433. 2. Form of Petition for Inquisition, where Lunatic [or Drunkard] , has no Estate. < To the Honorable the Judges of the Court of Common Pleas foi the County of . The petition of A. B., of the of , and State of Pennsylvania, respectfully showeth, that he is a citizen of the said commonwealth, and is a relation by blood [or marriage, or is inte- rested in the estate] of Q. D., of the of — -, being brother to the said C. D., [or, that the said 0. D. has no relative by blood or marriage residing in this commonwealth;] and that he, the said C. D., has become a lunatic, [or a habitual drunkard,] to the great injury of himself and the distress of his family ; that he, the Baid C. D., is not seized or possessed of any estate, real or peri^onai, and has a wife and children. 35 646 LUNATICS AND DRUNKARDS. Tour petitioner therefore prays this honorable Court to appoint a commissioner or commissioners, and to issue the proper precept to the same, directing them to proceed as enjoined by law, in such cases made and provided, and to inquire whether the said C. D. has or has not become a lunatic, [or a habitual drunkard,'] to the injury of himself and the distress of his family ; and also to do such further things as the Act of Assembly, in such case made and provided, may require ; and he will ever pray, &c. A. B. Add Affidavit, as to No. 1. 3. Form of Commission for Lunacy [or Habitual Drunkenness.'] The Commonwealth of Pennsylvania, to John Jones, William Burns, and John Dixon, greeting : Whereas we have been informed in our Court of Common Pleas for the County of , that C. D., of the county aforesaid, now is a lunatic, [or a habitual drunk- ard, as the case may be,] and we being willing to be more fully satisfied of the state of the said C. D. in the premises, have ap- pointed, and do hereby appoint, authorize, and command you, or any two of you, [if the commission be directed to three or more,] that at such certain day and place as you, or any two of you, shall think fit, you diligently inquire, by the oaths or afSrmations of six good and lawful men of the County of , by whom the truth of the matter may be better known, whether the said C. D. is a luna- tic [or a habitual drunkard, as the case may be] or not ; and if you find him to be a lunatic, then how long he hath been so, and whether he enjoys lucid intervals, and what lands and tenements, goods and chattels he was seized or possessed of, or entitled to, at the time of Ms becoming a lunatic, and the value thereof, and whether he hath since aliened or disposed of them or any part thereof, and to whom; [or, in case of an alleged habitual drunkard, if you find him to be so, what lands arid tenements, goods and chattels he is seized or possessed of, and hotv much the said lands and tenements are worth by the year, and what is the value of the same goods and chattels /] and how old he is, and who are his heirs or next of kin, and the ages of the said heirs or next of kin respectively. And, for the purpose aforesaid, we do authorize and empower you, or any two of you, to issue, under your hand and seal, or the hands and seals of any two of you, all such writs of. venire, sub- poena, and habeas corpus as to you, or to any two of you, shall seem necessary and proper, and to enforce obedience to the same, and to all necessary orders and rules in the premises, as fully as our said Court may lawfully do ; and the inquisition so to be made you are to return to our said Court, on or before the day of next, under your hand and seal, or the hands and seals of any two of you, and the hands and seals of those by whom you shall make that inquisition, together with this commission. LUNATICS AND DRUNKARDS. 547 Witness the Hon. J. G-., President [or as the case may be] of our said Court, at , the day of , A. D. 18 — . L. F. T., Prothonotary. 4. Form for Return of Commissioners. * The execution of this commission appears in the schedules here- unto annexed. JOHN JONES. WILLIAM BURNS. JOHN DIXON. 5. Form for Venire to /Sheriff. By virtue of a commission issued out of the Court of Common Pleas of County, bearing date at , the day of instant, to us, whose names are hereunto written, directed, to inquire whether C. D., of the of , in the county aforesaid, by reason of lunaey, [or habitual drunkenness,'] has be- come incapable of managing his estate, and is wasting and destroy- ing the same : These are to will and require you to cause to come before us not less than six, nor more than twelve, honest and lawful men of your bailiwick, on the day of , at of the clock in the noon of that day, at , and then and there inquire, upon their several oaths or affirmations, whether, by reason of lunacy, [or habitual drunhenness,] the said C. D. has become incapable of managing his estate, and is wasting and de- stroying the same, and of all such matters and things as shall be • given them in charge by virtue of the said commission ; and herein fail not, at your peril. Given under our hands and seals, this day of , A. D. one thousand eight hundred and . JOHN JONES. WILLIAM BURNS. JOHN DIXON. 548 LUNATICS AND DRUNKARDS. 6. Form for Return of Sherijf. County of ■ ■ its of 1836 and 1845. 8 Barr, 463. A contractor, being the builder, and a contractor under him, not recognised by the owner, cannot unite as partners in filing a claim for their work against the building. The sub-contractor, in such case, should file a separate claim for his work against the owner and builder with whom he contracted. 8 Watts, 478. On a claim filed by a mechanic under the Act of 1836. oi e who erected the 560 mechanics' liens. building, and was the owner at the time the work was done, may be named a: contractor ; and one who purchased the building after the work was done, but before the filing of the claim, may be joined as owner. 5 Wharton, 366. A material-man having filed his claim in a manner not authorized by law, may file another in a legal form, the first being a nullity. Chambers v. Yarnal, 3 Har- ris, 265. Materials furnished for a building, though not used in its erection, constitute a lien. 2 S. & K. 170 ; 12 id. 303. And although used, if not expressly furnished for the building, no lien is acquired. 1 6 S. & B. 66. Where materials are furnished to a contractor for the joint use of two or more adjoining buildings, owned by different persons, separate liens may be filed, appor- tioning the proper amount diie by each house. 1 Harris, 167. The Act of 1836 authorizes the filing of a joint lien for work, and the appor- tionment of the same among several buildings. 2 Jones, 45. No lien is acquired where several houses, though adjoining, are erected by the same architect and at the same time, on lots owned by different persons, if the materials are furnished for the whole indiscriminately. 6 S. & B. 512. But other- wise, if the lots are owned by the same person. 5 Kawle, 291. By the Act of 25th April, 1850, (Pamph. L. 576,) " the several laws of this commonwealth authorizing an apportionment of the amount due for materials fur- nished to two or more buUdings, Owned by the same person, among the said build- ings, are extended to and authorize in similar cases an apportionment for work done, and for work done and materials furnished, where the same a,re furnished under one contract, as fully and in the same manner as is now authorized and allowed in the case of materials furnished." Where there is a contract to erect houses for a specific sum, and it has been performed, it is not necessary to set forth the items of work, materials, Ac, in the claim filed. 9 Barr, 449. A bill of particulars annexed to a mechanic's claim, and referred to therein, is a part of it, and, if the dates and items are there specified, it is sufficient. If there is but one date in the bill, the materials are presumed to have been furnished on that day, unless the contrary appears. 1 Am. L. J. 524 ; 10 Barr, 186. A claim filed, under the mechanics' lien law of 1836, for materials furnished and work and labor done, must state the amount claimed for each as a distinct item, or the omission is totally invalid. 6 Barr, 187. The time when the alleged work was done should also be stated in the claim filed, to give it validity. Id. 187. A claim stating the amount for stone, mason-work, &c., and materials, to wit, stone, lime, sand, &c., done and furnished within the six months last past, to wit, between the 1st of June, 1848, and the 1st of April, 1849, is sufficiently definite as to time. Bayer ». Eeeside, 2 Harris, 167. A claim filed November 6th, 1847, stating the amount of it, for 16,836 bricks, furnished within six months last past, for and about the erection and construction of a building [describing it] and appurtenances, and annexing a bill of particu- lars with a single date, viz. 3 June, 1837, is sufficiently certain. Calhoun ». Mahon, 2 Harris, 56. Where items of claim were set forth thus, "June 30, 1847, to building 63| perches, at $1.50, and materials $95.50," "July 29, to 13 perches in cellar-doors, at $1.50, $19.50," the date is presumed to be the time when the work was com- pleted and the quantity ascertained. 2 Jones, 45. The six months allowed for filing a mechanic's claim does not begin to run until extra work done at the request of the owners is finished, although the work which had been specially contracted for had been previously completed. 2 Jones, 45. A claim by a material-msin recited that it was " filed within six months, accord- ing to Act of Assembly," &c. : held, that the time of furnishing the materials was too loosely stated. 5 W. & S. 262. The materials furnished January 22d, and claim filed therefor July 23d, in the same year: held, that this was not a filing at or before the expiration of sis months, as required by the Act. 2 M. 241. A lien is not affected by an agreement by the claimant with the owner to receive payment in materials ifastead of money. 14 S. & R. 33. The acceptance of a note is not a relinquishment of a mechanic's lien. 5 W. J18. See 4 W. & S. 257. , : mechanics' LIENS. 561 The taking of a bond, with warrant of attorney to confess judgment, and judg- ment confessed thereon, does not extinguish the lien of the mechanic or material man, under the mechanics' lieu act. The lieu is but a collateral security to the debt ; the claimant has also a concurrent remedy by personal action. 2 M. 214. A judgment for the defendant, in a, personal action by the mechanic or material- man against the owner of a building, is a bar to a scire facias against the same person, on a claim filed in the Common Pleas, by the same plaintiff, against the same building. 2 Wh. 118. :* A mechanic who adopts a statement of his claim, signed by tis attorney-at-law. Is entitled to the benefit of it by his sei. fa. 2 Jones, 45. A return to a ^pi. fa. sur mechanic's lien, " served by copy on A., one of the defendants, and by putting up a copy in front of the bijUding, and nihil as to B., the other defendant," is sufficient under Act of 1836. Donahoo t>. Scott, 2 Jones, 2, p. 45. A material-man, who furnished materials to one contractor, jointly and indis- criminately for the use of two adjoining buildings, owned by different persons, may divide his claim and file a separate lien against each building for the amount of materials furnished for it. Harper v. Koely, 5 Harris, 234. Lumber and window-sash were furnished to a contractor, to be used in the erection of a building. The lumber was delivered on the ground on which the building was erected, and the sash was taken from the possession of the material- man, by the contractor, to a shop, to be painted ; the lumber and sash were sub- sequently sold on an execution against the contractor, ilt was held, that as both the lumber and sash were furnished on the credit of the building, though not used therein, they were the subject of a lien against the building. White v. Miller, 6 Harris, 62. Being furnished on the credit of the building, they were the property of the owner of the building. Id. A claim for work done and bricks furnished for the construction of a building, is in time if filed within six months after the last quantity of bricks was fur- nished. The six months' limitation begins to run from the completion of the con- tract. Bartlett v. Kingan, 341. See also Yearsley v. Flanigan, 10 Harris, 489. A mechanic's claim was filed in September, 1845, and scire facias was issued in December, 1845, and returned — "made known" — in January, 1846: Held, that the lien of the claim had not expired by reason of five years having elapsed be- tween the filing of the claim and the verdict. Sweeney v. McGittigan, 8 Harris, 319. Thirty-two houses were erected by the same person on one piece of ground, sixteen fronting on one street, and the other sixteen fronting on another street parallel to the first, the yards of the buildings adjoining each other respectively : Held, that they were the subject of an apportioned lien. Taylor v. Montgomery, 8 Harris, 443. Even though the materials furnished have been charged by the seller to the contractor individually, it is competent to show that they were furnished on the credit of the building sought to be charged. Kelly v. Brown, 8 Harris, 446. Where the structure of a building is so completely changed that,' in common parlance, it may be properly called a new building, or a rebuilding, it comes within the mechanics' lien law. Armstrong v. Ware, 8 Harris, 519. The provisions of the exemption act of 9th April, 1849. are not operative against claims under the act relating to the lien of mechanics anu others upon buildings ; therefore a debtor is not entitled to $300 of the proceeds ol sale of a building ia opposition to such liens. Lauck's Appeal, 12 Harris, 426. A claim filed in due time for lumber furnished in and about the erection and construction of the building and appurtenances, describing the building, accom- panied by a bill of particulars, in which it was stated that the lumber was delivered for the building in question, designating it, is a sufScient compliance with the re- quirements of the statute. Odd Fellows' Hall ». Masser, 12 Harris, 507. If the materials were not furnished upon the credit of the building, but upon that of the contractor, the material-man could not enforce the claim against the building; and though furnished upon the credit of the building, if the coutract was unfairly made for an exorbitant price, the plaintiff could recover against the building only what they were fairly worth. Id. Where by the terms of the lease the tenant had a right to take a part of the 36 662 mechanics' liens. demised premises in fee, on ground-rent, at a stipulated sum, and before he exer- cised the right, he erected certain buildingfi on the premises ; it was held, that he had such an equitable estate in the land as rendered the buildings liable to the lien of the material-man. Gaule v. Bilyeau, 1 Casey, 521. That a part of the materials for which the claim was filed, were used in building outhouses, will not defeat the lien. Id. The equity of a mechanic's lien does not extend to the ground upon which the building is erected, or which is adjacent to it, except when it becomes necessary to the enjoyment'of the building, Presbyterian Church v. Settler, 2 Casey, 24B. If the building for which the materials were furnished, or labor done, is consumed before the mechanic's lien is filed, the ground upon which «nch building was erected, and all future buildings upon it, are discharged from snch lien. Id. A mechanic's lien which omits to state the nature and value of the work done, and the amount and kind of materials furnished, is incurably defective. Singerly II. Cawley, 2 Casey, 448. The Editor is under obligations to E. Spencer Miller, Esq., for assistance in forms and notes for this edition. For further information on this important subject, see the. able work of Mr. Sergeant on Mechanics' Lien Law, 2d edition by Mr. Miller. The several Claims. A. B. ^ V. I In the Court for County, No. C. D. owner,* [ , of the Term of , 18—. E. F., contractor. J A. B.,t of the County of , €arpenter,X who is entitled to the benefit of the provisions of the Act of Assembly passed the 16th day of June, 1836, entitled " An Act relating to the lien of mechanics and others upon buildings," and the several sup- plements thereto, in respect to the lien and remedy thereby given for the payment of a debt due to him, contracted for work done,§ by him, for and about the erection and construction, and upon the credit of a building|| erected within said county, hereinafter more particularly described; in compliance with said provisions^ sets forth, in this claim or statement of his demand, as follows, viz. : The said C. D. was the owner^y of said building at the time the same was commenced ;** and the said E. F.ft 'w^s the contractor, * If the owner cannot be ascertained with certainty, insert the name of one who is believed and reputed to be the owner, calling him "reputed owner." If the same person is both owner and contractor, call him " owner and contractor." -j- If several persons have a joint claim, state all their names ; and, S they be partners, their partnership name. X It appears not to be necessary to state the claimant's trade or occupation, but It is safer to do so. J If the claim be for " materials furnished," or for both " work done and ma- terial% furnished," so express it here. 11 This averment does not appear to be absolutely essential, but it is, perhaps, safest. ^ If no certainty can be reached, say " reputed owner." **. There is a want of positiveness in the decisions, but it appears to be safer to make the owner, at that time, a defendant. If he was also owner when the work was done, adl such a statement, and, if he still continues the owner, it may be well to insert that, also. f f If the owner was also contractor, the words " the said E. F was," should be omitted. mechanics' liens. 663 architect, or builder, at -whose instance said work was done, and with whom the contract of the said A. B. therefor, was made.* The amount claimed to be due to him, the said' A, B., is dollars and cents, f This sum is due for carpenter's worhX done by the said A. B., for and about the erection and construc- tion of said building.§ The statement hereto annexed, as part hereof, sets forth particularly the nature and kind of work done,|| and the time when the same was done.T[ Said building is a dwelling-house** of stories, having a * It appears to be proper under the present decisions, tliat the sutcontractor be made the defendant, and mentioned here, if the claimant's contract were vith him, directly. f This may be larger than the sum proved, but, if it be less, no more can be recovered. % If for materials, say "materials furnished," designating the kind of materials. If for "work done, and materials GEORGE CARPENTER, Prothonotary. NATURALIZATION. 583 FORMS FOR ALIENS WHO ARRIVE IN THE UNITED STATES UNDER EIGHTEEN YEARS OF AGE. ^orm of Declaration of Intention hy an Alien, to become a Oitizen of the United States, whether his arrival in the United States was before or after Eighteen Years of Age. A. B., being duly sworn [or affirmed^ according to law, declares and says that he is a native of and a subject [or citizen, as the case may be] of the King [or as the case may be] of ; that he is now residing in ; that he is years of age, or thereabouts, and that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatever, and particularly to the King [ot: as the case may be] of , of whom he is now a subject [or citizeri\. A. B. Sworn to in open Court, this day of A. D. 18 — . THOMAS L. KANE, Clerh District Court U. S. Form of Certificate of Declaration of Intention, by an Alien, to become a Citizen of the United States, whether his arrival in th* United States was before or after Eighteen Years of Age. United States, Eastern District of Pennsylvania, ss. Be it remembered, that on the day of , A. D. one thousand eight hundred and , personally appeared before me, the Clerk of the District Court of the United States, in and for the Eastern District of Pennsylvania, [or as the case may be,] A. B., who, being duly sworn [or affirmed^ according to law, declares and says, that he is a native of , and a subject [or citizen] of the King [or as the case may be] of ; that he is now residing in ; that he is years of age, or thereabouts, and that it is bona fide his intention to become a citizen of the United States, and to renounce forever all allegiance and fidelity to any foreigL prince, potentate, state, or sovereignty whatever, and particulralj to the King [or as the case may be] of , of whom he is nov» a subject [or citizen.'] In testimony whereof, I have hereunto subscribed mj name and affixed the seal of the said Court, at , this day of , in the year of our Lord ont. thousand eight hundred and . THOMAS L. KANE, Clerk District Court U. S. 584 NATtTRALIZATION. Form of Petition for Naturalimtiqri, from, an Alien who arrived in fhe United States when under Highteen Tears of Age, To the Honorable John K. Kane, Judge of the District Oowrt of the United States, in and for the Eastern. District of Pennsyl- vania, [or as the case may fce.J , The petition of A. B., a native of , respectfully showeth : That he declared on oath, [or affi,rmation,'\ before the Olerh of the District Court of the United States, in and for the Eastern District of Pennsylvania, on this day, [or as the case may be,] that it was bona fide his intention to become a citizen of the United States, and to re- nounce forever all allegiance and fidelity to any foreign prince, po- tentate, state, or sovereignty whatever, particularly to the King [or as the case may be] of ; that at the time of his arrival he was under eighteen years of age ; that he has continued to reside in the United States since that period ; that for three years previous to his arrival at full age it was, and still is, bona fide his intention to become a citizen of the United States, and of renouncing for ever all alle- giance and fidelity to any foreign prince, potentate, state, or sove- reignty whatever, and particularly to the King [or as the case may be] of , of whom he was at the time a subject, [or citizen ;] that your petitioner has resided within the United States upwards of five years, and in the State of Pennsylvania one year, both periods immediately preceding this his application to become a citizen of the United States ; and that he has never borne any hereditary title, or been of any of the orders of nobility, in his own or any other country. He therefore prays that, on his making the proof and taking the oath prescribed by law, he may be admitted a citizen of the United States of America ; and he will ever pray, &c. A. B. Form of Affidavit of a Citizen, to prove Residence, Moral Charac- ter, ^c'., of Applicant for Naturalization, whether he arrived in the United States before or after Eighteen Years of Age. C. D., a citizen of the United States of America, being duly sworn [or affirmed^ according to law, saith, that he is well acquainted with A. B., the petitioner ; that to his knowledge he has resided in the United States five years, and in the State of Pennsylvania one year, both periods immediately preceding his application to be a citizen ; that during the said period of five years he has behaved as a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same. 0. D. Sworn in open Court. THOMAS L. KANE, Clerk District Court U. S. NATDEALIZATION. 685 Form of Affidavit hy an Alien petitioning for Naturalization. I, A. B., do swear, [or affirm,'] that the contents of my petition are true ; that I will support the Constitution of the United States ; and I now renounce and relinquish any title or order of nobility to which I am now or hereafter may be entitled ; and I do absolutely and entirely renounce and abjure all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatever, and par- ticularly to the King [or as the case may be] of , of whom I was before a subject [or citizen.] -A.. B. Sworn in open Court, this day of , A. D. 18 — . THOMAS L. KANE, Clerk District Court TJ. S. Form of Certificate of Naturalization, for an Alien who arrived in the United States under the age of Eighteen Years. Be it remembered, that at a District Court of the United States, holden at Philadelphia, in and for the Eastern District of Penn- sylvania, on the day of — > , in the year of our Lord one thousand eight hundred and , A. B., a native of , exhibited a petition, praying to be admitted to become a citizen of the United States ; and it appearing to the said Court that he had declared on oath, [or affirmation,] before the Clerk of the District Court of the United States, in and for the Eastern District of Pennsylvania, [or as the case may be,] on the day and date aforesaid [or as the case may be,] that it was bona fide his intention to become a citizen of the United States, and to renounce for ever all allegiance and fidelity to any foreign prince, potentate, state, or sovereignty whatsoever, and particularly to the King [or as the case may be] of , of whom he was at that time a subject, [or citizen ;] and the said A. B. having, on his solemn oath, [or affirmation,] de- clared, and also made proof thereof by competent testimony of 0. D., a citizen of the United States, that he had resided within the limits and under the jurisdiction of the United States of America three years next preceding his arriving at the age of twenty-one years, and continued to reside therein to the time of making his applica- tion ; that, including the three years of his minority, he had resided within the limits and under the jurisdiction of the United States five years and upwards ; and that during the three years next pre- ceding, it had been bona fide his intention to become a citizen of the United States ; and it appearing to the satisfaction of the Court that during the said period of five years he had behaved as a person of good moral character, attached to the principles of the Constitution of the United States, and well disposed to the good order and happiness of the same ; and the said petitioner having declared on his solemn oath, [or affirmation,] before the said Court, that he would support the Con- 586 NOTICES. stitution of the United States, and that he did absolutely and entirely renounce and abjure all allegiance and fidelity to every foreign priuce, potentate, state, and sovereignty whatever, and particularly to the King [or as the case may be] of , of whom he was before a subject, [or citizen ;] thereupon the Court admitted the said A. B. to become a citizen of the United States, and ordered all, the pro- ceedings aforesaid to be recorded by the Clerk of the said Court ; which was done accordingly. In testimony whereof, I have hereunto subscribed my name and affixed the seal of the said .Court, at Phila- : delphia, this day of , A. D. 18 — , and * in the year of the Independence of the United States. THOMAS L. KANE, OlerJc District Court U. S. NOTICES. A Notice is the information given of some act done, or the interpellation by which some act is required to be done. A Notice should all? ays be ,in writing ; should state, in precise terms, its object ; should be signed by the proper person, or his authorized agent ; and should be dated, and addressed to the person to be affected by it. It should be served by leaving it with the party to whom it is addressed ; and there should be a witness of said service, so that, in case it should be required, the service may be proved. The giving notice in certain cases is obviously in the nature of a condition pre- oeaent to the right to call on the other party for the performance of his engage- ment, whether iiis contract were express or implied. Thus, in the familiar instauce of bills of exchange and promissory notes, the implied contract of an endorser is, that he will pay the bill or note, provided it be not paid, on presentation at ma- turity, by the acceptor or maker, (being the party primarily liable,) and provided that he (the endorser) has due notice of the dishonor, and without which he is discharged from all liability; consequently, it is essential for the holder to be prepared to prove affirmatively that such notice was given, or some facts dispens ing with such notice. Whenever the defendant's liability to perform an act depends on an occurrence which is best known to the plaintiff, and of which the defendant is not legally bound to take notice, the plaintiff must prove that due notice was in fact given. Thus, in cases of insurances on ships, a notice of abandonment is frequently neces- sary to enable the insured plaintiff to proceed as for a total loss, when something remains to be saved, in relation to which, upon notice, the insurers might them- selves take their own measures. The form of a Notice must necessarily vary according to the circumstances of the case Notice, hy Purchaser at Sheriff's Sale, to Tenant m Possession. John Jones vs. William Burns. To Mr. William Burns, the defendant above named : Sir, — Take notice, that by virtue of a writ of venditioni exponas, .! NOTICES. 587 which issued out of the Court of Common Pleas of the County of , returnable the day of , A. D. 18 — , against you, at the suit of John Jones, the Sheriff of the said county, Ri- chard Roe, Esq., did, on the day of last past, expose to sale a certain ,■ then and now in your possession, situate in , and containing acres ; and that at the said sale 1 became the purchaser thereof. Whereupon you are hereby noti- fied and required to surrender up the said . acres of land, with the appurtenances, to me, the purchaser thereof as aforesaid, within three months after the date of this notice, as you shall an- swer your default herein at your peril. Notice by Landlord to Sheriff or Constable to pay Rent out of Proceeds of Sale. To A. B., Sheriff of County : SiK, — You are hereby required to pay over to the undersigned the sum of dollars, out of the proceeds of the sale of the property of , that being the amount of rent in arrear and due by him to me for the premises now in his occupancy. Public Notice of the Filing of Accounts in Court. Public notice is hereby given, that A. B., Executor [or Admi- nistrator, or Guardian, or as the case may be] of C. D., has filed in the ofiice in and for the County of , at , his final account as Executor [or as the case may be] of the said C. D., and that the same will be presented to the Court of said county, for confirmation and allowance, on , the day of next, at the court-house at —, in the county aforesaid. Notice to produce Papers in the Trial of a Gaust. A. B. ") vs ' V^^ *^® Common Pleas ^f County, C j3 j A. D. 18—, No. — . SlE, — Take notice, that you are hereby required to produce to the Court and jury, [or as the case may be,] on the trial of this cause, a certain , [describing the papers particularly,] and all other letters, books, papers, and writings whatsoever, in any wise relating to the matter in question in this cause. ■ I In the Common Pleas^of County, Term, 688 NOTICES. Notice of the Introduction of Special Matter in the Trial of a Gavxe. A. B. ^\ f A. D. 18-, No.- SiR, — Take notice, that the defendant has added the pleas of non assumpsit infra sex annas, payment, &c., to the pleas already pleaded in this cause. And that, under the plea of payment, he intends to give in evi- dence, on the trial of this cause, the following matters, to wit, [here insert the special matter.] Notice that Evidence in Justification will he given in the Trial of a Cause. In the Common Pleas of County, Term, A. D. 18—, No.—. Sir, — Please take notice, that on the trial of this cause the de- fendant will give evidence in justification of, &c. [here insert the matter relied on.] Notice of the Execution of a Writ of Inquiry. John Jones I jj^ ^j^g Common Pleas of County, Williar-Burns. i Term, A. D. 18-, No. -. Sir, — Take notice, that a writ of inquiry of damages will be executed in this cause on , the day of next, at o'clock, P. M., at the house of , in the Borough of . Notice of Time and Place of taking Depositions on Mule of Court. In the Common Pleas of -i County, Term, *A. D. 18—, No. — . [Here copy the rule as certified by the Prothonotary.] To A. B., the plaintiff above named, or E. P., his attorney : Sir, — Take notice, that in pursuance of the above rule, the de- position of witness to be read in evidence on the trial of the above cause, on the part of the defendant, will be taken at the house of , in the of , on the day of next ensuing, between the hours of and o'clock — M., before L. M., Esq., a Justice of the Peace in and for said county, or before some other Justice of the Peace or Judge, when and where you may attend, if you think proper. NOTICES. 689 Notice hy Commissioners, of the Time and Place of taking Wliereas the undersigned have received a commission, issuing out of the Court of Common Pleas of the County of , in the State of Pennsylvania, to us [or to wie] directed, for the examina tion of witnesses in a certain cause depending between A. B. plaintiff and C. D. defendant: These are to give you notice, that we [or J] will execute the said commission, on behalf of the , at the house of , in Street, in the Borough of , on the day of next, at the hour of o'clock in the noon of the same day, when and where you may attend with your witnesses and commissioners, if you think proper. Witness our hands [or my hand], this ^ day of , A. D. 18—. Notice to Me?pondent, of the taking of Depositions in application for Divorce. A. B., by her next friend, C. D., ") In the Common Pleas of - vs. y County, Term, A. D. E. F. J 18— ,No.— Sur Libel for Divorce. [Here insert the interrogatories.] Sib, — ^You will please take notice, that the above interrogatories, to be addressed to the witnesses to be produced in this case, on the part of the , have been filed, and that the said witnesses' will be produced, sworn or affirmed, and examined before Gr. H., Esq., Examiner appointed by the said Court for that piu-pose, on the day of next, at o'clock, — M., of that day, when and where you may attend, or file cross interrogatories, as you may think proper. Notice that Bail has been Given. I In the Common Pleas of — County, William Burns. / T«™' ^- ^' 1^-, No. -. SiK, — Take notice, that bail was this day put in for the defendant in this cause, before , and that the names of such bail are A. B., of ■ , Yeoman, and C. D., of — , Carpenter. To Mr. John Jones, Plamtiff. 590 NOTICES. Notice of Exception to Bail, John Jones ) ^.^ ^.j^g Q^m^on pi^a^s of County,. ) Inl WilliarBurnB. ( Term, A. D. 18-, No. -/ SiK, — Take notice, that I have excepted to the bail put in for the defendant in this cause. To Mr. William Burns, \ Defendant. j Notice of Justification of Bail. John Jones 1 Inl I the Common Pleas of County, ■ William Burns. Sir, — Take notice, that A. B. and C. D., the bail already put in by the defendant, and of whom you have had notice, will, on the day of next, justify themselves before as good and sufficient bail for the defendant in this cause. To Mr. John Jones, \ Plaintiff. / Notice that Additional Bail will be Griven. John Jones vs. William Burns. 1- the Common Pleas of County; ■ Term, A. D. 18—, No. — . SiB,,^Take notice, that B. F., of , Merchant, will, on the day of next, add himself to the bail already put in for the defendant' in this cause. To Mr. John Jones, Plaintiff. n Notice of a Motion upon a Justice's Judgment. John Jones 1 Before'j. B., Esq. WIV "^'b r Jpdg™^®ii* ^°^ Jo^"^ Jones, for dollars. To Mr. John Jones, plaintiff in the above cause : Sib, — At the instance of William Burns, the defendant, I hereby notify you to appear before me, at my office in , on , the :- day of , at o'clock in the noon, to show cause (if any you have) why the above judgment should not be opened and another hearing given. Witness my hand and seal, at , this day of , in the year of our Lord one thousand eight hundred and NOTICES. 591 Notice to Justice, of Intention to bring Suit, unless he te* der Amends. To A. B., Esq., Justice of the Peace of • Kj ^i. j^., .uov^., t/uouuc7 \ji. u^yj J. \jwKtyj v* SiK, — Take notice, that if you do not tender sufficient amends, within thirty days from the date hereof, I will bring my action against you in the Court of Common Pleas of the County of , in the following case, to wit, that you maliciously, ille- gally, oppressively, and without probable cause, &c. [here state the grievance at length, omitting no material part of it.] By reason of all which illegal, malicious, and oppressive conduct of yours, I have sustained material injury and damage. I would inform you that L. M., Esq., is my attorney, whose office is at . See 2 T. & H. Pr. 472 ; 6 Binn. 84 ; 17 S. & R. 75, for other forms of such notices. Notice to Constable, of a desire to Vote for an Increase of the num- ber of Justices in a District. To A. B., Constable of the Township of , in the County of and State of Pennsylvania : Sir, — You are hereby notified, that it is our wish, at the next election for Constable, to be holden in and for the Township of , to vote for an increase of the number of Justices of the Peace in said township. You will please govern yourself accord- ingly. The above must be signed by fifty electors of the township or ward. Notice to Constable to hold an Election to determine as to Chang- ing the Place of holding Township Elections. To A. B., Constable of the Township of , in the County of and State of Pennsylvania : Sir, — The undersigned, qualified electors of the Township of in the county and state aforesaid, desirous of changing the place of holding the township elections in said township, do hereby require you to give notice thereof to the electors of said township, in pursuance of the requirements of the first division of the fifty- sixth section of the Act relating to elections, passed July 2d, A. D, 1839. The above must be signed by the requisite number of vsters. Notice, by Constable, of the Time and Place of holding an Elec- tion to determine as to Changing the Place of holding Township Elections. Notice is hereby given, that a meeting of the qualified electors residing within the bounds of the Township of , will be held 592 NOTICES. at , in the said township, on -, the day of , A. D. 18 — , at o'clock, — M., for the purpose of determining upon the expediency of changing the place of holding the township elections ic said township. A. B., Constable of ToWnsMp. Notice to Constable before bringing Suit against him for Acts done under the Authority of a Warrant. To A. B., Constable of the of , in the County of Whereas on or about the day of , A. D. 18 — , you, [here recite the act done, J under color of a warrant of , or some other Justice of the Peace, authorizing you to do so : Now I do hereby, as attorney, of the said — -. , and on his behalf, demand of you the perusal and a copy of all and every war- rant, warrants, execution, and executions, under and by virtue of which you , as before mentioned. Notice to Overseer's of the Poor, who Neglect or Refuse to Com'ply with the Orders of Relief. To A. B. and C. D., Overseers of the Poor of the of You are hereby notified, that unless you make the weekly pay- ments for the relief of J. J., directed by the order of E. F. and G. H., Esqs., two of the Justices of the Peace in and ' for the County of , dated the day of , A. D. 18 — , you will be prosecuted for your default .and contempt herein. Public Notice of Lumber Taken up in Rivers. Public notice is hereby given, that a lot of lumber was taken up while floating in the -, on the day of , con- sisting of — , a list and description of which are lodged in my office at for the inspection of all concerned. The owner or owners thereof are required to prove property, pay all legal charges, and take it away, within three months from the date hereof, other- wise it will be forfeited. orphans' and eegister's courts. 593 ORPHANS' AND EEGISTER'S COURTS, PROCEEDINGS IN, The Orphans' Coukt. — In Pennsylvania, the Judges of the Court of Common Pleas of each county, or any two of them, compose the Orphans' Court of such county, which is a court of record. If, however, in the absence of the President Judge, any one interested in the business before the court request a continuance of it until the President Judge shall attend, it must be continued accordingly. By the Act of a9th March, 1832, sec. 3, (Pamph. L. 190; Purd. by S. & B. 190; Dunl. L. 533,) the Orphans' Court of the City and County of Philadelphia shall be held during every term of the Court of Common Pleas of the said city and county, at such times and as often as the Judges thereof shall think necessary or proper ; and the Orphans' Court of every other county of the commonwealth shall be held during the first week of each term of the Court of Common Pleas of the respective county, and at such other times as the Judges thereof shall think necessary and proper. By the Act aforesaid, sec. 4, the jurisdiction of the several Orphans' Courts of the commonwealth extends to and embraces the appointment, control, removal, and discharge of guardians ; the settlement of their accounts ; the removal and discharge of executors and administrators deriving their authority from the Regis- ter of the respective county, the settlement of the accounts of such executors and administrators, and the distribution of the assets or surplusage of the estates of decedents, after such settlements, among creditors or others interested, in the sale or partition of the real estate of decedents among the heirs ; and generally to all cases within their respective counties wherein executors, administrators, guardians, or trustees are or may be possessed of, or undertake the care and management of, or are in any way accountable for any real or personal estate of a decedent. By sec. 5, the Orphans' Court of each county has also the care of the persons of minors resident within such county, and of their estates ; and, by sec. 31 , ha.i power to authorize a sale or mortgage of real estate by an executor, administra- tor, or guardian, in the following cases, viz. 1. On the application of the executor or administrator, setting forth that the personal estate of the decedent is iusufScient for the payment of debts and main- tenance and education of his minor children, or for the purpose of paying the debts alone. See 8 Watts, 416. 2. On the application of such executor or administrator, or of any person inte- rested, setting forth that, on the final settlement of the administration account, it appears that there are not sufficient personal assets to pay the balance appearing to be due from the estate of such decedent, either to the accountant or others. See 8 Rawle, 435. 3. On the application of a guardian, setting forth that the personal estate of the minor is insufficient for his maintenance and education, or for the improve- ment and repair of other parts of his real estate ; or that the estate of said minor is in suih a state of dilapidation and decay, or so unproductive and expensive that it would be to the interest and benefit of said minor, in the jud^ent of said Court, that the said estate should be sold. And by the Act of 3d April, 1851, (Pamph. L. 305,) the Court can order sale whenever it shall appear to them that it would be for the interest of such minor ; and the Orphans' Court of the county wherein any such real estate may be situated have authority to direct a sale. By the Act of 16th June, 1836, sec. 19, (Purd. Dig. tit. Courts ; Dunl. L. 837,) In addition to the above, the jurisdiction of the several Orphans' Courts is declared to extend to and embrace the specific execution of contracts made by decedents to sell and convey any real estate of which such decedent shall die seized ; and also to proceedings for the recovery of legacies. The duties of executors, administrators, guardians, and trustees of decedents, and the proceedings in the Orphans' Court relative thereto, are so varied and fre- quently so complex in their nature, that the advice of counsel should in every case oe asked, by those acting in either of the capacities named, in regard to the stein 38 594 orphans' courts, necessary or proper to be taken ; and since tie most cursory glance at these sub- jects would require much more room than the limits of such a work as this can afford, we have thought best to confine our remarks (which are intended for those not of the legal profession) to a statement of the first steps to be taken by execu- tors, administrators, guardians, and trustees of decedents, and of the more im- portant enactments in relation to their duties. Having already, under the head of Executors and Administrators, (see pp. 378- 380,) stated the primary steps to be taken by them, and given some other in- formation relative to their duties which we deemed likely to be serviceable to those not of the legal profession, we shall hereunder state the law relative to the appointment of guardians by the Orphans' Court, and to their duties ; and then remark upon a few of the more important duties of executors, administrators, guardians, and trustees, which have not been already stated. By the Act of 29th March, 1832, above referred to, the Orphans' Court of each county has, as already stated, the care of the persons of minors resident within such county, and of their estates. They have also, by sec. 5, power to admit such minors, when and as often as there is occasion, to make choice of guardians ; and to appoint guardians for such as they shall judge too young or otherwise incom- petent to make choice for themselves ; with the proviso, that persons of the same religious persuasion as the parents of the minors shall, in all cases, be preferred by the Court in their appointment ; and such appointment or admission of a guar- dian by the Orphans' Court of the county in which the minor resides has the like effect in every other county of the comindnwealth as in that by the Orphans' Court of which he shall have been so admitted or appointed. By sec. 6, no executor or administrator can be admitted or appointed, by the Orphans' Court, guardian of a minor having an interest in the estate under the care of such executor or administrator ; but this restriction does not extend to the case of a testamentary guardian. By sec. 9, a guardian must, within thirty days after any property of his ward shall have come into his hands or possession, or into the hands and possession of any person for him, file in the office of the Clerk of the Court a just and true in- ventory and statement, on oath or affirmation, of all such property or estate ; and, whether required by the Court to give security or not, must, at least once in every three years, and at any other time when so required byjhe Court, render an ac- count of the management of the minor's property under his care ; which accounts must be filed in the office of the Clerk of the Orphans' Court, for the information of the Court and the inspection of all parties concerned; and every guardian, un- less previously discharged or. removed, must, on the arrival of his ward at full age, settle in the Register's office a full and complete account of his management of the minor's property under his care, including all the Items embraced in each partial settlement ; and the decree of the Orphans' Cf "rt upon such final accounts is, like other decrees of the Court, conclusive upon all parties, unless reversed, modified, or altered on appeal. The Orphans' Court has also power, upon the petition of a guardian, to dis- charge him from the duties of his appointment; but no guardian can be dis- charged from his liability for the estate of his ward until he has rendereji to the Court an account of the management of his trust, nor until the same has been submitted to competent persons, as auditors, for examination, and their report thereon has been confirmed by the Court, unless such account has been examined by the said Court, and the appointment of auditors has been found unnecessary ; nor until such, guardian has surrendered the residue of the estate standing upon his account, settled and confirmed, to a subsequent guardian of such ward, or to Buch other person as the Court shall appoint to receive such estate ; and it ig made the duty of the Court to appoint some suitable person to appear and act for the ward, in respect to the settlement of such account. Said Court is also empowered, by sec. 12, to remove any guardian, whether testamentary or otherwise, on due proof of his mismanagement of the minor's estate, or misconducting himself in respect to the maintenance, education, or moral interests of the minor. And in any such case, the Court has power to order the offending guardian to deliver up, assign, transfer, and pay over to the successor in the guardianship, or to such persons as the Court shall appoint, all and every the goods, chattels, rights, credits, title-deeds, evidences, and securi- ties whatsoever belonging to the minor, and in the hands or under the power of orphans' cotjuts. 595 the guardians ; and to make such other order and decree, touching the premises, as the interest of the minor may require. By sec. 13, when any one dies, leaving an infant child or children, without hav- ing made an adequate provision for the support and education of such child or children during their minority, the Orphans' Court may direct a suitable period- ical allowance out of the minor's estate, for the support and education of such minor, according to the circumstances of each case ; which order may from time to time be varied by the Court, according to the age of the minor and the eircum- Btances of the case. See 5 Bawle, 331. By sec. 14, when an executor, administrator, guardian, or trustee has in his hands any moneys, the principal or capital whereof is to remain for a time in his possession, under his control, and the interest, profits, or income thereof are to be paid away or to accumulate, or when the income of a real estate shall be more than sufficient for the purpose of the trust, such executor, administrator, guar- dian, or trustee may present a petition to the Orphans' Court of the proper county, stating the circumstances of the case, and the amount or sum of money which he is desirous of investing ; whereupon it is lawful for the court, upon due proof, to make an order directing the investment of such moneys in the stock or public debt of the United States, or in the public debt of this commonwealth, or in the public debt of the City of Philadelphia, or on real securities, at such prices or on such rates of interest and terms of payment respectively as the Court shall think fit ; and in case the said moneys are invested conformably to such directions, the said executor, administrator, guardian, or trustee shall be exempted from all liability for loss on the same, in like manner as if such investments had been made in pur- suance of directions in the will or other instrument creating the trust. Nothing, however, in the Act of Assembly is to be construed to authorize the Court to make an order contrary to the direction contained in any will or other instrument in regard to the investment of such moneys. See 3 Rawle, 131 ; 4 Whart. 184. By the Acts of 15th March, 1832, and of 29th March, 1832, the accounts* of executors, administrators, or trustees, and the final account of a guardian, must be filed.in the Register's ofiBce, with the vouchers; and if allowed by him, he must prepare and present a certified copy thereof to the Orphans' Court of the respec- tive county at its next stated meeting, being not less than thirty days distant from the time of such filing and allowance ; of all which he must give notice to all per- sons concerned, by an advertisement enumerating all the accounts to be presented at any one time to the said Court, in at least two newspapers (if there be two) published in the respective county, or if there be but one newspaper published in such county, then in that one, or if there be none, then in one printed nearest to said county, at least once a week during the four weeks immediately preceding the meeting of the Court at which such account shall be presented, setting forth in substance that the ace - ntants (naming them and the character in which they respectively act) have settled their accounts in the office of the said Register, and * The administration account and the distribution account should not be blended, but kept distinct. " An absurd but favorite notion prevails among those who have to do with the settlement of estates in the Orphans' Court — that it is not only possible, but pre- ferable, to blend a distribution accown* with Vne administration account, and thus settle the estate at » dash. Those who suppose so, know little of the mischiefs of con- fusion or the value of order." Yandt's Estate, 6 Barr, 35. " An administration account, properly settled, shows nothing more than the general balance due the heirs after a reduction of the personal estate into cash or its equivalent and the payment of the debts. Into that account the moneys paid to the distributees or the advancement to one or more of the children do not enter. They form no part of the administration account. A total disregard of this obviois distinction causes most of the perplexity which attends such settlements." Eittenhouse v. Levering, 6 W. & S. 200. So, too, "it is right in all cases that administrators should keep their accounts so separated as that the account settled will show the application of the proceeds of personal estate and the proceeds of real estate Bold." Billington's Appeal. 3 Kawle, 52, 596 orphans' and eegistee's cottrts. that the same will be presented to the Orphans' Court for confirmation at a cer- tain time and place, (mentioning the same ;) and also by setting up conspicuously in his o£Sce, and in at least six other of the most public places in the county, at least four weeKS before the time appointed for the presentation of such accounts as aforesaid, fairly written or printed copies of such advertisements. From all the judicial acts and decisions of the several Registers, appeals may be taken to the Register's Court of the respective county, if such appeal be made within the term of three years. 7 Watts, 59; 1 W. & S. 398. All accounts of executors, administrators, guardians, or trustees, thus presented through the Register by certified copy to the Orphans' Court, are examined by the Court, and, if not excepted to, are, after due consideration, confirmed ; but if any person interested in the estate excepts to the account, and all or any of the par- ties desire to refer the account to auditors, the Court decide whether the matters contested call for such reference, and if they do, the Court appoint one or three suitable persons ; or where the parties are all present or duly represented and competent to agree, and desire a reference, they may appoint auditors ; and the persons so appointed are sworn or affirmed to perform their duty with fidelity, and have power to administer oaths or affirmations to parties and witnesses in all cases referred to them. The auditor or auditors make report to the Orphans' Court of his or their examinations of the case, and the Court confirm the report or otherwise, as to them seems just and right. Since the Act of 10th AprH, 1849, sec. 10, in the County of Philadelphia, the above accounts are in all cases referred to auditors. The Orphans' Court have power, under the Act of 13th April, 1840, relating to Orphans' Courts, on the application of a creditor, to appoint an auditor, to make disti-ibution of assets in the hands of the administrator which are insufficient to pay all the debts of the decedent. Kittera's Estate, 5 Harris, 4X6. On the hearing before the auditor, each creditor has a right to appear and be heard. The administrator has not the control of the proceeding, nor is he respon- sible for errors in the distribution. Where the fund is not sufficient to pay all the creditors, any creditor has the right to oppose any other claimant by shewing payment, or that the claim is barred, or that its lien has expired, if claimed out of the proceeds of real estate ; or may show any other defence existing to its pay- ment. Id. A sale of real estate by an administrator by order of Orphans' Court under pro- ceedings in partition, the land having been appraised and the heirs having refused to take it at the appraisement, was a judicial sale. Lockett v. Twining, 6 Harris, 199. Questions of advancement depend on the intention of the parent. Riddle's Estate, 7 Harris, 431. The general rule is, that after a sale under an order of the Orphans' Court and a final confirmation of it according to the rules of Court, followed by the payment of the purchase-money and the delivery of the deed, it is too late to make objec- tions to the sale. Simmond's Estate, 7 Harris, 439. The Orphans' Court has exclusive jurisdiction of questions of advancement. Holiday ». Ward, 7 Harris, 485. •^The Orphans' Court have no power to direct a sale of real estate which has been appraised before all the heirs have refused or neglected to take it at the valuation. Gregg's Appeal, 8 Harris, 148. The Orphans' Court alone has authority to ascertain the amount of a decedent's property, and order its distribution ; and till this is done assumpsit by an heir against the executor will not lie. Whiteside v. Whiteside, 8 Harris, 473. Matters of fact settled and decided by the Orphans' Court will not be re-examined in the Supreme Court, unless in a very flagrant case. Ake's Appeal, 9 Harris, 320. The power of the Orphans' Court " to make distribution" of estates in the hands of executors and administrators, " to and among the persons entitled to the same," embraces creditors as well as heirs, next of kin, and legatees. The power to make distribution among heirs or legatees involves the power to ascertain the amount of the debts. Bull's Appeal, 12 Harris, 286. Bach person has the right to be heard in support of his own claim, and in oppo- sition to every other claimant who interferes with it. Id. Where a testator devised lands to his sons, and as to his daughter M. ordered that she should; "in case of need, be supported in a comfortable manner of the proceeds of my land;" it was held, that the maintenance of M. was a charge orphans' and eegistbks' courts. 597 upon the land devised to the sons, and that the Orphans' Court had exolasivs jurisdiction to fix the amount, and enforce the payment of the sum required for that purpose. Gibson's Appeal, 1 Casey, 191. If the decision of the disputed facts be referred to the determination of the Oi-- phans' Court, without aslting for an issue to try them, their finding of sucli facts is as binding on appeal as the verdict of a jury. Id. Since the passage of the Acts 1832, 1838, 1834, and 1886, the Orphans' Court has exclusive Jurisdiction of the estates of intestates. Ashford v. Ewing, 1 Casey, 2] 3. Where the vendor of land by parol agreement is dead, the Orphans' Court has exclusive jurisdiction to enforce the specific performance of the contract. Porter V. Dougherty, 1 Casey, 405. The supervision of the administration of the estates of minors is committed by our laws to the Orphans' Court, and cannot be transferred to any other Court by a devise to them in the equity form of a trust, requiring of the trustee no other duties than such as are imposed by law upon guardians. Kuhn v. Newman, i Casey, 227. The final decree of the Orphans' Court may be corrected in various forms. 1st. On mere motion as to clerical errors and matters that are necessary to make the decree accord with the form that is usual for that kind of case. 2d. On petition for a rehearing, setting forth the grounds of the application, verified by oath or affirmation. 3d. By bill of review founded on error of law appearing on the record, or on newly discovered evidence after the decree. Bishop's Appeal, 2 Casey, 470. For full information relative to the duties of executors, administrators, guar- dians, and trustees of decedents, and to proceedings in the Orphans' Court, see the following Acts of Assembly, viz. Revised Act of 29th March, 1832, Pamph. L. 190; Act of 24th February, 1884, Pamph. L. 73; Act of 3d April, 1829, Pamph. L. 122 ; and the 7th and 12th sections of the Act of 27th March, 1713, 1 Sm. 83 ; which contain the principal prdvisions in relation to executors, administrators, guardians, trustees of decedents, and to Orphans' Courts. Changes of more or less importance in the above-named Acts have been made by the following Acts, viz. Act of 14th April, 1836, Pamph. L. 275; Act of 16th June, 1836, Pamph. L. 682 ; Act of 18th April, 1838, Pamph. L. 362 ;- Act of 13th April, 1840, Pamph. L. 319 ; Act of 14th April, 1840, Pamph. L. 349 ; Act of 13th October, 1840, Pamph. L. 1 ; Act of 12th March, 1842, Pamph. L. 66 ; Act of 16th July, 1842, Pamph. L. 874 ; Act of 6th April, 1844, Pamph. L. 214; Act of 27th February, 1845, Pamph. L. 69 ; Act of 10th April, 1845, Pamph. L. 538 ; Act of 15th April, 1845, Pamph. L. 458 ; Act of 21st April, 1846, Pamph. L. 430 ; Act of 22d April, 1846, Pamph. L. 483 ; Act of 3d March, 1847, Pamph. L. 197 ; Act of 16th June, 1847, Pamph. L. 474 ; Act of 8th February, 1848, Pamph. L. 27 ; Act of 9th April, 1849, Pamph. L. 511, 526, 527 ; Act of 10th April, 1849, Pamph. L. 597, 620 ; Act of 25th April, 1860, Pamph. L. 569 ; Act of 26th AprO, 1850, Pamph. L. 581 ; Act of 15th May, 1850, Pamph. L. 767 ; and Act of 3d April, 1851, Pamph. L. 305. See also Hood on Executors. The Register's CotiRT. — The Register's Court, in Pennsylvania, is composed of the Register of Wills and the Judges of the Court of Common Pleas of any county, or any two of the said Judges ; and is held from time to time at the re- quest of any person interested, or as, in the opinion of the Register, occasion may require. Its jurisdiction is either original or appellate. Original, 1. Where objections are made or a caveat is entered against the probate of any last will and testament, and no precept for an issue has been directed by the Register into the Common Pleas, under the 13th section of the Act of 15th March, 1832; 2. Where objec- tions are made to the granting of letters of administration to any person applying therefor ; 3. Where any question of kindred, or other disputable and difficult matter, comes into controversy before the Register. See Act of 15th March, 1832, sec. 25. When acting on appeals from the decrees of the Register, it reviews his judicial acts and decisions, and either affirms, reverses, alters, or modifies them. No appeal lies for any ministerial act of the Register, such as filing an inven- tory, &c. It is only from his Judicial acts that an appeal lies. See Hood on Exe- cutors, pp. 96 to 100. 598 OBPHANS' AND REGISTER'S COURTS. It is the duty of the Begister to keep a record of the proceedings of said Court, which must remain in his office. The testimony of all witnesses examined in any case litigated before any Register's Court must be taken in writing, and made a part of the proceedings therein ; upon which testimony, the Court having juris- diction of such cause by appeal may affirm, reverse, alter, or modify the decree of the Register's Court. Whenever a dispute upon a matter of fact arises before any Register's Court, the said Court, at the request of either party, direct' a pre- cept for an issue to the Court of Common Fleas of the county, for the trial thereof. For the form of the precept to the Common Pleas, directing an issue to be formed upon the facts, see Act of 15th March, 1832, Pamph. L. 135 ; Purdon, 1001 ; Dunl. L. 524. Any party aggrieved by the final sentence or decree of any Register's Court, or his legal representatives, in any case where the sum mentioned in such sentence or decree or the sum or matter in controversy shall exceed one hundred and fifty dollars in value', may appeal therefrom to the Supreme Court ; but no appeal from any decree of such Court, concerning the validity of a will or the right to admi- nister, shall suspend the power or prejudice the acts of any administrator, nor of any executor who shall have given sufficient security to the Register for the faithful administration of his trust ; and in case of the refusal of such executor to give such security, the said Register is authorized to grant letters of administra- tion during the dispute, which shall suspend the power of such executor during that time : provided, however, that such appeal be made within the term of one year from the time of pronouncing such final sentence or decree. By the Act of 15th March, 1832, sec. 13, whenever a caveat shall be entered against the admis- sion of any testamentary writing to probate, and the person entering the same shall allege as the ground therefor any matter of fact touching the validity of such writing, it shall be lawful for the Begister, at the request of any person interested, to issue a precept to the Court pf Common Pleas of the respective county, direct- ing an issue to be formed upon the said fact or fii.cts, and also upon such others as may be lawfully objected to the said writing ; and the facts established by the trial had, and certified to the Begister as aforesaid, shall not be re-examined by the said Register, nor upon any appeal from his decision. For further information in relation to the duties of the Register and proceed- ings in the Register's Court, see Act of 15th March, (Pamph. L. 135,) and sup- plemental Acts. ' The following forms for proceedings in the Orphans' Court will aid in elucidat- ing the requirements of the Acts of Assembly. Renunciation by Hxecutor of Ms right to act in that capacity. Philadelphia, June 24tli, 1852. To Thomas C. Bunting, Esquire, Kegister of Wills of County. Being appointed an Executor under the will of John Jones, I do hereby renounce my right to act, and refuse to take upon myself the burden of the execution of said will. Witness, WM. DAVIS. A. B. orphans' couets. 599 Renunciation ly Widow ofher right to Administer to her deceased Husband's Estate. Philadelphia, June 26th, 1852. To Thomas C. Bunting, Esquire, . Register of Wills of County. • I, the undersigned. Widow of John Jones, deceased, do herebj renounce my right to act as Administratrix of my deceased^ hus- band's estate, and request you to appoint James Brown Administra- tor of said estate. MARY JONES. Witness, A. B. Form of Letters Testamentary.* The Commonwealth of Pennsylvania, 1 County, / By the tenor of these presents, I, Alexander Leslie, Register for the Probate of Wills and granting Letters of Administration, in and for the said county, unto all men send greeting : Whereas C. D., late of the Township of '■ — , in the said county, deceased, had, while he lived, and at the time of his death, divers goods and chattels, rights and credits, in sundry places within the said county, by reason whereof, and by the laws and customs of the said commonwealth, the approbation and insinuation of the last will and testament of the said C. D., and the commission of administration of all and singular his goods and chattels, rights and credits, and also the auditing the accounts, calculations, and reckonings of the said administration, and the final discharge and dismission therefrom, unto the Register afore- said, do belong : Now know ye, that on the day of , in the year of our Lord one thousand eight hundred and , at , in the county aforesaid, before me, the Register aforesaid, duly appointed, commissioned, and constituted, was proved, approved, and insinuated, the last will and testament of the said C. D., deceased, a true copy whereof is to these presents annexed, and the admin- istration of all and singular the goods and chattels, rights and credits of the said deceased, by his last will and testament, in any way or manner affected, was granted unto A. B., executor in the said testament named and appointed, he having been first duly sworn [or affirmed^ well and truly to administer the goods and chattels, rights and credits of the said deceased, according to law, and also diligently and faithfully to regard, and well and truly * A Register ij a Judge, and admitting a will to probate ie ■» judicial act, which, if erroneous, can be remedied only by an appeal to the Eegister's Court. The probate cannot be impeached in a collateral issue. 1 W. & S. 396. And so, the grant ing of letters testamentary is conclusive until reversed by appeal. 7 Watts' R. 61 600 OEPHANS' COURTS. to comply with the provisions of the law relating to collateral in- heritances. In testimony whereof, I have caused the seal of the Register's Office to be hereunto affixed, at , the day of -^ , in the year of our Lord one thousand eight hundred and — . . ALEXANDER LESLIE, Register. Form for Letters of Administration.* The Commonwealth of Pennsylvania, "I County, J I, Alexander Leslie, Register for the Probate of Wills and granting Letters of Administration, in and for the County of , in the Commonwealth of Pennsyl- vania, to A. B., of , Adiiainistrator of all and singular the goods and chattels which were of C. D., late of the township of , in the said county, deceased, greeting : Whereas the said C. D., late of , Yeoman, lately died in- testate, (as it is said,) having, while he lived and at the time of his death, divers goods and chattels, rights and credits, within the said county ; by means whereof, and the laws and usages of this com- monwealth, the power of granting Letters of Administration thereof, is in me vested — I, therefore, in order that the goods and chattels, rights and credits, which were of the said deceased, may be well and truly administered, converted, and disposed of, according to law, do hereby grant unto the said A. B. full power to administer the goods and chattels, rights and credits, which were of the said deceased, and also to ask, levy, recover, and receive the credits whatsoever of the said deceased, which at the time of his death were owing to, or did in any way belong to him, and to pay the debts in which the said deceased stood obliged, so far as the said goods and chattels, rights and credits will extend, according to their rate * WheneTer letters of administration are by law necessary, the Register having jurisdiction shall grant them in such form as the case shall require, to the widow, if any, of the decedent, or to such of his relations or kindred as by law may be entitled to the residue of his personal estate, or to a share or shares therein, after payment of his debts, or he may join with the widow in the administration, such relation or kindred, or such one or more of them, as he shall judge will best ad- Ininister the estate, preferring always, of those so entitled, such as are in the nearest degree of consanguinity with the decedent, and also preferring males to females ; and in case of the refusal or incompetency of every such person, to one or more of the principal creditors of the decedent applying therefor, or to any fit person, at his discretion : Provided, that if such decedent were a married woman, her husband shallbe entitled to the administration in preference to all other persons : And provided further, that in all cases of an administration with a will annexed, where there is a general residue of the estate bequeathed, the right to administer shall belong to those having the right to such residue, and the administration in Euoh case shall be granted by the Begister to such one or more of th^ as he shall judge will best administer the estate. Act of 15th March, 1832, sec. 22. See also i Watts' R. 34. , orphans' coukts. eoi" and order of law. And I do hereby require you, tte said A. B., upon your solemn oath, [or affirmation,'] well and truly to administer the goods and chattels, rights and credits, of said deceased, accord- ing to law, and also diligently and faithfully to regard, and well and truly to comply with, the provisions of the law relating to col- lateral inheritances. And I do by these presents, ordain, constitute,' and depute you, the said A. B., Administrator of all and singu- lar the goods and chattels, rights and credits, which were of the deceased, saving harmless, and forever indemnifying me and all other officers against all persons by reason of your administration aforesaid, and saving all others their rights, &c. In testimony whereof, I have caused the seal of the Register's Office of said county to be hereunto affixed, dated at , the day of , A, D. 18—. ALEXANDER LESLIE, Register. Form for Letters of Administration with the Will annexed. The Commonwealth of Pennsylvania, 1 County, . J By the tenor of these presents I, Alexander Leslie, Register for the Probate of Wills and granting Letters of Administration, in and for said county, unto all men send greeting : Whereas on the day of , A. D. 18 — , before pie the Register aforesaid, duly ap- pointed, commissioned, and constituted, was proved and approved in due form of law, a certain instrument of writing purporting to be the last will and testament of CD., late of the Township of , in the county aforesaid, deceased, wherein A. B. was appointed Exe- cutor, but who afterwards failed to act, as in and by the said will, filed in the Register's Office at , may more fully appear, and the said C. D. having, while he lived and at the time of his death, divers goods and chattels, rights and credits within the said county, by means whereof, and the laws and usages of this commonwealth, the power of granting Letters of Administration thereof is vested in me. I therefore, in order that the goods and chattels, rights and credits, which were of the said deceased, may be well and truly adminis- tered, converted, and disposed of according to his last will and for the uses therein mentioned, do grant unto you, E. F., full power by the tenor of these presents to administer the goods and chattels, rights and credits of said deceased, which at the time of his death were to him owing or did in any wise belong, and to pay the debts in which the deceased stood obliged so far forth as the said goods and chattels, rights and credits will extend, according to their rate and order of law. And I do hereby require you, the said A. B.,*upon your solemn oath, [or affirmation^ well and truly to administer the goods and chattels, rights and credits, of said 602 orphans' cotiets. deceased, according to law, and also diligently and faithfully to regard, and well and truly to comply with the provisions of the law relating to collateral inheritances. And I do by these presents ordain, constitute, and depute you, the said E. F., Administrator of all and singular the goods and chattels, rights and credits, which were of the said deceased, to and for the use, and for the purposes mentioned in the said will, a true copy whereof is to these presents annexed, saving harmless, and for ever indemnifying me and all other officers against all persons by reason of your administration aforesaid, and saving all others, their rights, &c. In testimony whereof, I have caused the seal of the Register's Office of said county to be hereunto affixed, dated at , the day of , A. D. 18—. ALEXANDER LESLIE, Megiiter. Form for Letters of Administration, pendente lite. The Commonwealth of Pennsylvania, "I County, / I, David McAllister, ■ Register for the Probate of Wills , and granting Letters of Administration in and for the I County of , to Gr. H., I. J., and K. L., all of the Township of , in the county aforesaid, greeting : Whereas J. P., late of , in the said County of T , did, by a certain instrument of writing, purporting to be his last will and testament, bearing date the day of , appoint A. B., 0. D., and B. F., Executors thereof: And whereas, also, at the request of G. F. and F. F., heirs at law of the said J. F., (who have entered their caveat against the pro- bate of the testamentary writing purporting to be the last will of the said J. P.,) a precept was issued to the Common Pleas of the said county, directing an issue to be formed to try the validity of said writing, and the matters of fact which may be objected thereto. And now, to wit, this ^day of , A. D. 18^ — , I, David McAllister, Register as aforesaid, desiring that the goods and chattels, rights and credits of the said J. F., deceased, may be well and truly administered, converted, and disposed , of according to law, during the trial of the said issue, do grant unto you, the said G. H., I. J., and K. L., full power, by the tenor of these presents, to administer the goods and chattels, rights and credits which were of Jhe said deceased, within the said county, as also to ask, collect, l^y, recover, and receive the credits whatsoever of the said de- ceased, which, at the time of his death, were owing to, or did in any way belong to him, and to pay the debts in which the said deceased stood obliged so far forth as the said goods, chattels, rights, and credits will extend, according to their rate and order of law. And I do hereby require you, the said A. B., 0. D., and E. F., upon your OKPHANS' COURTS. 603 solemn oath or affirmation, well and truly to administer the goods and chattels, rights and credits, which were of the said deceased, according to law, and also diligently and faithfully to regard and well and truly to comply with the provisions of the law relating to collateral inheritances; and that you make a true and just account, calculation and reckoning of your administration, and render the the same at or before the day of , or when thereunto legally called and required. And I do by these presents ordain, constitute, and depute you the said G. H., I. J., and K. L., Admi- nistrators (pendente lite) of all and singular the goods and chattels, rights and credits which were of the said deceased, within the limits aforesaid, saving harmless, and for. ever indemnifying me, and all other officers, against all persons, by reason of your administration aforesaid, and saving all others their rights, &c. In testimony whereof, I have caused the seal of the Register's Office of said county to be hereunto affixed, dated at , the day of , A. D. 18—. DAVID McAllister, Register. Form for Letters of Administration, de bonis nan. The Commonwealth of Pennsylvania, \ County, / To E. F., Esq., of the Borough of , in the County of , greeting : Whereas J. M., Esq., late Register for the Probate of Wills, and granting Letters of Admi- nistration in and for the said county, did, on the day of , A. D. 18 — , duly appoint A. B., of the county aforesaid, G-entleman, Administrator of all and singular the goods, chattels, rights, and credits which were of C. D.,'late of the said county, Teoman, deceased. And the said A. B. having ren- dered his account upon the estate of the said deceased, to the Orphans' Court of the county aforesaid, on the day of , A. D. 18 — , and the said court, upon due consideration thereof, having accepted and confirmed the same, was, upon his application made for that purpose, dismissed and exonerated by the same Court from the further duties of his said appointment ; Now know ye that I, David McAllister, Register for the Probate of Wills and granting Letters of Administration in and for said county, desiring that the remainder of the goods and chattels, rights and credits of the said deceased may be well and truly administered, converted, and disposed of agreeably to the laws and usage of this Commonwealth, do hereby grant unto you, the said E. P., (in whose fidelity in this behalf I very much confide,) full power, by the tenor of these presents, to administer the goods and chattels, rights and credits of the said deceased, which remain unadministered within the said county, as also to ask, collect, levy, recover, and 604 ORPHANS' COURTS. receive all the credits whatsoever of the said deceased, which remain yet unpaid, and to pay the debts in which the said deceased stood obliged, so far forth as the said goods and chattels will extend, according to their rate and order of law. And I do hereby reqtdre you, the said B. F., upon your solemn oath [or affirmation] well and truly to administer the goods and chattels, rights and credits of said deceased, according to law, and also diligently and faith- fully to regard, and well and truly to comply with the provisions of the law relating to collateral inheritances. And I do by these presents ordain, constitute, and appoint you, the said E. F., Admi- nistrator as aforesaid, within the limits aforesaid, saving harmless and for ever indemnifying me, and all other officers, against all persons whomsoever by reason of your said administration as aforesaid, and saving all others their rights, &c. In testimony whereof, I have caused the seal of the Register's Office of said county to be hereunto affixed, dated at , the day of , A. D. 18—. DAVID McAllister, Register. Bond hy Administrator on talcing out Letters of Administration. Know all men by these presents, that we, A. B., E. F., and G. H. are held and bound unto the Commonwealth of Pennsylvania in the sum of ■ dollars, to be paid to the said Commonwealth, to which payment, well and truly to be made, we bind ourselves jointly and severally for and in the whole, our heirs, executors, and admi- nistrators, &mly by these presents. Sealed with our seals, dated the ; day of , in the year of our Lord one thousand eight hundred and . The conditions of this obligation are such, that if the above-bounden A. B., Administrator of all and sin- gular the goods, chattels, and credits of C. D., late" of the Town- ship of , in said dounty, deceased, do make or cause to be made a true and perfect inventory of all and singular the goodsj chattels, and credits of the said deceased, which have come or shall come to the hands, possession, or knowledge of the said A. B., or into the hands or possession of any other person or persons for him, and the same so made do exhibit or cause to be exhibited in the Register's Office, in the County of , within thirty days of the date hereof; and the same goods, chattels, and credits, and all other goods, chattels, and credits of the said deceased, at the time Df his death, which at any time after shall come to the hands and possession of the said A. B., Administrator as aforesaid, or into the bands or possession of any other person or persons for him, do well and truly administer according to law. And further do make, or cause to be made, a true and just account of his said administra- tion, within one year from the date hereof, or when thereunto orphans' courts. GOo legally required ; and all the rest and residue of the said goods, chattels, and credits, which shall be found remaining upon the said administration account, (the same being first examined and allowed by the Orphans' Court of the county having jurisdiction^ do de- liver and pay unto such person or persons as the said Orphans' Court, by their decree or sentence, pursuant to law, shall limit and appoint; and do well and truly comply with the laws of this commonwealth relating to collateral inheritances. And if it shall hereafter appear that any last will and testament was made by the said deceased, and the same shall be proved according to law, if the said A. B., Administrator as aforesaid, being thereunto required, do surrender the said Letters of Administration into the Register's OfiBce aforesaid, then this obligation to be void, otherwise to re- main in full force. Signed, sealed, and delivered \ in presence of J I. K. A. B. L. M. E. F. G. H. Bond hy Executor or Administrator for Payment of Collateral Inheritance Tax. Know all men by these presents, that we, A. B., B. F., and G. H., of , are held and bound unto the Commonwealth of Pennsylvania in the sum of dollars, to be paid to the said Commonwealth, to the which payment, well and truly to be made, . we bind ourselves jointly and severally, for and in the whole, our heirs, executors, and administrators, firmly by these presents. Sealed with our seals, dated the day of , in the year of our Lord one thousand eight hundred and . The conditions of this obligation are such, that if the above-bounden A. B., Executor of the last will and testament of [or Administrator of all and singular the goods and chattels, rights and credits which were of'\ C. D., late of the Township of , in said county, deceased, do well and truly pay or cause to be paid to the Register of Wills of the County of , all collateral inheritance tax, to which the estate of the said C. D., deceased, may be subject to the payment of under the existing laws of this commonwealth, 606 ORPHANS COUETS. together with such interest as may be charged upon the same under the laws aforesaid, then this obligation to be void, or else to be and remain in full force and virtue. Signed, sealed, and delivered "I in presence of f .rilif^ I.K. ■' smt L. M. A. B. E. F. G.H. Form of Oath of Administrator. County of • -, June ■ -, A. D. 18—. Register's Office, — Then came personally the within-named A. B., and on his solemn oath [or affirmation] did depose, declare, and say that he believes that the within-mentioned C. D. died without a will; that he will, as the Administrator of C. D., well and truly administer the goods and chattels, rights and credits belonging to said estate agreeably to law ; that he will immediately publish for creditors, once a week for six successive weeks, and render into the Register's Office, within thirty days, from this date, a just and true inventory and appraisement of the personal estate of said deceased, and. ad- ditional inventories when necessary ; also a just and true account, calculation, and reckoning of his said administration, in one year from this date, or when thereunto legally required ; that he will well and truly comply with the provisions of law relating to col- lateral inheritances ; and also that he is a son of the said decedent, [or the widow of ^e.-, as the case may be,] and also that the whole of the goods, chattels, rights, and credits of the personal estate of which C. D. died possessed, in the aggregate, do not in value exceed the sum of dollars, to the best of his knowledge and belief.. A. B. Sworn [or affirmed] and subscribed before me, the day and year aforesaid, and letters granted unto A. B, Thos. T. Deringek, Depute/ Register. ORPHANS' COURTS. QQ'J Form of Oath of Executor. County of , 8S. Eegister's Office, , June , A. D. 18 — . I, A. B., do swear [or afjirml ttat as the Executor of the forego- ing last will and testament of C. D., of , deceased, I will well and truly administer the goods and chattels, rights and credits of said deceased, agreeably to law, and that I will comply with the provisions of the law relating to collateral inheritances. A. B. Sworn [or aff,rmeo[\ and subscribed before me, the day and year aforesaid, and letters testamentary granted unto A. B. Thos. T. Dekingeb, Deputy Megister. Form of Proof of Will County of , ss. Eegister's Office, June , A. D. 18 — . Then personally appeared E. F., Gr. H., and I. J., the subscribing witnesses to the foregoing last will and testament of C. D», deceased, and on their solemn oath [or affirmatiori] did say that they were present, and did see and hear C. D., of , deceased, the tes- tator therein named, seal, publish, and declare the same as and for his last will and testament, and that atthe doing thereof he was of of sound, disposing mind, memory, and understanding, to the best of their knowledge and belief. E. F. G. H. I. J. Sworn [or affirmed^ and subscribed before me, the day and year aforesaid. Thos. T. Dbrinsee, Deputy Begiiter. Certificate of Appointment of Executor. County, ss. I, Thomas C. Bunting, Register for the Probate of Wills and granting Letters of Administration in and for the County of , in the Commonwealth of Penn- sylvania, do hereby certify and make known that on the 1 — day of , in the year of our Lord one thou- sand eight hundred and , letters testamentary on the estate of C. D., deceased, were granted unto A. B., he having first.8w'or« [or aff,rmed] well and truly to administer the, same. Given uiider my hand and seal of office, this day of 608 orphans' courts. in the year of our Lord one thousand eight hundred and . THOMAS C. BUNTING, Register. Certificate of Appointment of Administrator. County, 88. ^_^tr. I, Thomas C. Bunting, Register for the Probate of i^^ Wills and granting Letters of Administration, in and for ^ ^ the County of , in the Commonwealth of Penn- sylvania, do hereby certify and make known that on the day of , in the year of ottr Lord one thou- sand eight hundred and , letters of administration on the estate of C. D, deceased, were granted unto A. B., he having first given security Vyeli and truly to administer the same. Given under my hand and seal of office, this day of in the year of our Lord one thousand eight hundred and . THOMAS G. BUNTING, Register. Certificate of Appointment of Appraiser of an Estate subject to a Collateral Inheritance Tax.* In the matter of the estate of C. D., late of the Township of , in the County of , deceased, which estate is sub- ject to the payment of a collateral inheritance tax, by the laws of the Commonwealth of Pennsylvania. I, Alexander Leslie, Register of Wills of the County of , hereby appoint A'. B., of the Township of ^ -, in said county, the appraiser of the estate of the above-named C. D., deceased, for the purpose of putting a fair valuation on the real estate of said deceased, making a fair and conscionable appraisement of the per- sonal .estate of said decedent, assessing and fixing the present cash value of all annuities and life-estates growing out of said estate, and generally for performing all duties imposed upon such appraiser by an Act of the General Assembly of the Commonwealth of Pennsyl- vania, approved April 10th, 1849, entitled " An Act to create a sinking fund, and to provide for the gradual and certain extinguish- ment of the debt of the Commonwealth." *Iu our remarks in 3.rti •—, A. D. 18 — , and has continued to retain possession of the same by renting it to tenants up to the present time, [or any other mode of occupancy as the- case may be,] and has cleared thereon, and properly f&niced and cultivated about acres [or as the case may be.] That in the month of , A. D. 18 — , he tendered to the said J. M. S. the entire purchase money, with interest thereon, and since his decease has tendered the said purchase money, with interest, to one of the administrators [or executors'] vis. D. K., on the day of , A. D. 18 — , [or state other facts in relation to the pur- chase money, as the case may be.] That the said contract is so far executed that it would be against equity to rescind the same, and that no provision for the performance of the said contract was made by the decedent during his life, and as your petitioner has shown that he has entered and made valuable improvemients, pursuant to said con tract, and has made a tender of the entire purchase money, with interest, [or as the case may be,] and is now and at all times ready to pay the same to the administrators [or executors] of the said decedent, with interest aforesaid, your petitioner therefore prays your honorable Court to award a citation directed to the said administrators [or executors'] and to the heirs at law of the said J. M. S., deceased, who are J. S., B. S., S. S., "W. S., Caroline intermarried with A. H., and Mary intermarried with D. C, and E. S., commanding them to appear in Court and answer this petition, at a day and time to be fixed by the Court : and if cause be not shown to the contrary, the petitioner further prays the decree of the Court for a specific performance of the said contidct according to the true intent and meaning thereof, and that a conveyance be made under said decree by the admi- nistratori [Or executors] to your petitioner, of the said premises, in fee simple. And he will ever pray, &c. Add tbe usual form of Affidavit. County, s«. orphans' court. 625 Record of ^he Court. At an Orphans' Court, holden at , in and for said county, before the Honorable J. G., President, and his Associate Jus- tices, on the day of , A. D. 18 — The petition of W. M., of township, in the said county, was presented, setting forth that J. M. S., of , died on or about [here insert all the facts as set forth in the petition or bill.] And now, to wit : , A. D. 18 — , the petition was ordered to be filed, and citation was awarded returnable the Monday of , A. D. 18 — , to be served on the administrator [or as the case may be] and heirs at law days before the return day thereof, by personal service within the Commonwealth : and the said parties so served to answer on or before the Monday of next aforesaid. Per Curiam. SAMUEL PERLY, Olerh, 0. 0. Citation to Administrators \or Executors] and Heirs at Law, to appear in Court to answer the above Bill or Petition. County, ss. The Commonwealth of Pennsylvania. To D. K., W. J. S., and J. S., administrators [or executors, as the case may be,] J. S., widow, J. B. S., D. S., S. S., W. S., Caroline intermarried with A.H., and Mary intermarried with D. C, and E. S., heirs at law of J. M. S., deceased. We command you and every and all of you, that laying aside all business and excuses, you be and appear in your proper per- sons before our Judges of the Of-phans' Court, to be holden at , in and for the county of , on the ■. Monday of next, to answer said bill or petition exhibited in our said Court, and to do further and receive what our said Court shall have considered in that behalf. Hereof fail not at your peril and the penalty that may ensue. Witness the Honorable J. G., President of our said Court at , this day of , A. D. 18 — . SAMUEL PERLY, CUrh 0. C. 40 626 ORPHANS COURT. Acceptance of Service of Citation. We do hereby accept service of the •within citation. , I Administrators of K. W. J. S. yj^^'''s!,' deceased. J. S. J. B. S. D. S. s. s. w. s. C. H. A. H. M. C. D. C. E. S. JTeirs at law of ' J. M. S., deceased. Answer of Administrators [or JExecutors'] to Bill or Petition to Court, to enforce the specific performance of Contract of Decedent, acknowledging the Truth of the Bill or Petition. We the xmAersignQdi administrators [or executors] of the estate of J. M. S., iate of the of , deceased, to the bill or petition of W. M., dated the day of , A. D. 18 — , praying that a citation may issue to the said administrators [or as the case may be] and heirs at law of the said J. M. S., commanding them to appear in the Orphans' Court of county, on the Monday of , A. D. 18 — , and show cause, if any they have, why a specific performance should not be decreed of a parol [or as the case may be] contract for the sale by the said J. M. S. to the said W. M. of a piece or parcel of land, containing" acres and allowance; it being part of tract No. , in the township of , in the county of ; — . Answer : That a parol [or as the case may he] contract was entered into between the said J. M. S. and W. M. on or about the time mentioned, in the bill or petition of the said W. M., for the sale of a piece or parcel of land containing acres and allowance ; it being a part of tract No. , in the said town- ship of , for the consideration of dollars, payable with interest at the times set forth in said bill or petition. That the land bargained for is bounded thus, viz : Beginning [here describe the same.] That no deed was executed and delivered by the said J. M. S. in his lifetime for the said land, and that the administrators [or executors'] admit the truth of the facts in the said bill or petition alleged and set forth, and submit the matter to the adjudication OKPHANS' COURT. , 627 and decree of the said Court, according to equity and the statutes, of this Commomyealth in such case made and provided. D. K. 1 Administrators [or Hxe- "W. J. S. S-cutors'] of the estate of J. S. j J. M. S. deceased. Decree of Court to enforce the specific performance of Contract of Decedent. In the Orphans' Court of County, No. , of , Term, A. D. 18—. In the matter of the Bill or Petition of W. M., for leave to prove parol [or as the case may be] contract for the purchase of land of J. M. S., deceased, late of ;-. At an Orphans' Court for the county of , held at the Court House in the r of , on the day of , A. D. 18 — .. Present, Hon. J. G., President Judge, and Hon. J. M., Associate Judge. It appearing to the Court, from the answer of D. K., W. J. S., and J. S., administrators [or as the case may be] of J. M. S., late of , deceased, " that a parol [or as the case may be] contract was entered into between the said J. M. S. and W. M., on or about the time mentioned in the bill or petition of the said W. M., for the sale of a piece or parcel of land containing acres and allowance, it being a part of tract No. , in the said township of , [here give a full description of the land,] for the consideration of dollars, payable, with inte- rest, at the times set forth in said bill or petition," as alleged by said petitioner ; and it further appearing to said Court that a citation was issued upon the application of the said petitioner, by order of said Court, directed to J. B. S., D. S., S. S., W. S., C. H., late Caroline S., now intermarried with A. H., A. H., M. C, late M. S., now intermarried with D. C, D. C, E. S., heirs at law of the said J. M. S., and J. ^., widow of the said decedent, and co-administratrix [or co-executrix] of said J. M. S., deceased, W. J. S., heir and co-administrator [or co- executor] of said decedent, and D. K., co -administrator [or co-executor] of the said J. M. S., deceased, commanding them to appear at an Orphans' Court to be holden in and for the county of , on the Monday of then next ensuing, to answer the bill or petition of the said W. M. ; and it fur- ther appearing that the service of the said citation was duly and legally accepted [or as the case may be] by the persons therein named ; and it further appearing from the answer of the said D. K., W. J. S., and J. S., administrators [or executors] as aforesaid, that the facts alleged by petitioner in his bill are correct and true. And the said J. B. S., D. S., S. S., W. S. 628 orphans' court. C. H., A. H., M. C, D. C, and E. S., having made default, and neglected and refused to answer petitioner's bill, as commanded in the said citation, it is adjudged and decreed, that the same be taken as against them j^ro oonfesgo. And it further appearing to this Court that the facts of this case are sufiBcient in equity to sustain said contract, and no sufficient cause having been shown to the contrary, this Court therefore decree the specific perfor- mance of the said contract, according to the true in.tent and meaning thereof, and that upon the payment by the said W. M. of the purchase or consideration money in said bill mentioned, with legal interest thereon, to the said administrators [or exeou- tors,] according to the true intent and meaning of said contract, the Court further order and decree that the said administrators [or executors'] shall make, execute, and deliver to the said W. M., his heirs or assigns, a good and sufficient deed, in fee simple, for said land, according to the true intent and meaning of said contract. Per Curiam. SAMUEL PERLT, aerk, 0. a Certificate of the above Decree of Court. County, ss. #1 Samuel Perly, Clerk of the Orphans' Court in and for the said county, do certify that the above and ■ foregoing is the, true original decree of said Court, made in the matter of the application of W. M. to prove parol [or as the case may be] contract with J. M. S., deceased, for the purchase of land, in the Bill or Peti- tion and Answer in this case described, situated in r town- ship, in the "said county. Witness my hand and the seal of said Court, at , this day of — , A. D. 18—. SAMUEL PERLY, Clerk, 0. C. Petition for Review of Account of Administrator, under tht Act of lUh October, 1840. To the Honorable the Judges of the Orphans' Court of the County of . In the matter of the Estate of A. B., deceased. The prayer of your petitioner, C. D., respectfully sets forth that the said A. B., of the County of , died intestate on the day of , A. D. 18 — , owningand possessing at the orphans' courts. 629 time of his decease personal property of great value, ^hat letters of administration were afterward, to wit, on the -r ;— day of , A. D. 18 — , issued in favor of and granted to G. H. in due form of law; and that by virtue thereof the said G. H. took posses- sion of the said property and realized the same, arid expended cer- tain sums of money, as will more fully and spe'cifica,Uy appear, re- ference bping had to the original (and supplementary) account of such Administrator. That there are great and material errors in the said account, which ought to be revised and corrected, and which errors your petitioner sets forth and assigns as foUo'v^s, to wit: [Specify them in detail.] That your petitioner is interested in said account and estate, being , and is by such errors greatly injured. That in consequence of , [the petitioner should explain the occasion of his delay in excepting to the account ;] and therefore it is that until the present time your petitioner was not aware of the existence of the said errors, and did not except thereto. That the said account (such errors not having been excepted to) was, on the day of , A. D. 18 — , referred to X., Y., and Z., &c., Auditors, to audit, settle, and adjust the- same, and report distribution of the funds in hands of the Administrator aforesaid; that the said auditors, through inad- vertence, did not correct the said errors, their attention not having been called to the same, and filed their report on the day of , A. D. 18 — , which report was afterwards, on the day of , A. D. 18 — , to wit, within five years last past, confirmed by decree of your honorable Court, as will more fully appear on re- ference to the records of your said Court ; and your petitioner ja cred- ibly informed and verily believes that the balance found due, from G. H., the Administrator as aforesaid, has not been actually paid or discharged by said Administrator, but still remains in his hands. For all which errors and imperfections in the said account and the said decree of confirmation, your petitioner has brought this his bill or petition of review, and humbly conceives that he should be relieved therein. To the end, therefore, that the petitioner may have the privilege of a rehearing of so much of the said account as is hereinbefore alleged to be in error, and may have such relief as equity and justice inay require, may it please your Honors to grant to this petitioner a citation upon the said G. H. and all other per- sons interested, commanding them, upon a day certain to be therein specified, to appear before your honorable Court, and show cause, if any they have, why so much of the said account as is hereinafter alleged to be in error should not be referred back to the said Audi- tors, to be by them reviewed, reversed, and corrected. And as in duty bound, &c. A. B. Append the usual form of Affidavit. 630 orphans' courts. Writ to take Property from an absconding Trustee. County, ss. The Oommonwealtli of Pennsylvania. To the Sheriff of said County, Greeting: We command you that you take possession of [here specify the trust property set forth in the petition,] and hold the same subject to the order of this Court, and also to attach [here specify the debts due to the trust, whether bond or mortgage or otherwise, anc all stocks of incorporated companies, as set forth in the petition,^ and have them before our Orphans' Court, to be holden for the saic County, on the — '- day of , A.'D. 18 — . Witness the Hon. J. Cr., President of the said Court at , the day of — , A. D. 18—. JACOB BROOM, Qlerk 0. 0. FORMS FOR PROCEEDINGS FOR DISTRIBUTION OF ESTATE OF DECEDENT AMONG THE HEIRS. 1. Appointment of Auditor hy Court. County, SB. , , I certify, that at an Orphans' Court for the county afore- said, held at , on the day of , ' A. D, 18 — , before the Honorable , President, and his Associate Justices of said Court, in the matter of the estate of M. McF., deceased. On motion of T. J. W., Esq., the said Court appointed J. H. C, Esq., the Auditor to audit, settle, adjust and report distribution of the fund declared by the' decree of the Court the day of — , A. D. 18 — , to wit, the sum of |924^, to be in the hands of the late T. B., Esq., Executor of the will of M. McF., deceased. Witness my hand and the seal of the said Court, this day of , A. D. 18—. ERASTUS POULSON, Deputy Olerh 0. C. 2. Affidavit of Auditor for Faithful Performance of Ms Duties as such. J. H. C, being duly affirmed according to law, says he will per- form the duties of the above appointment with fidelity. J. H. C. Affirmed a.zit' wpsTibed before me, this day of , A.D 38— ERASTUS POULSON, Deputy Clerk 0. C. orphans' courts. 631 3. Beport of Auditor on Distribution of Ustate of Decedent among the ffeirs. To tlie Honorable the Judges of the Orphans' Court for the County of . In the matter of the Estate of M. McF., deceased. The Auditor appointed by the Court "to report distribution of the fund, to wit, $924.65, declared by the decree of the Court of the day of , A. D. 18 — , to be in the hands of the late T. B., Esq., Executor of the will of M. McF., deceased," agreeably to the certificate hereto annexed, respectfully reports : That no public notice of the time and place of meeting, by adver- tisement, was given, as the only persons interested in said fund were the parties represented by counsel before the Auditor. [Or, That having given due and legal notice of the time and place of meetingby advertisement in two consecutive numbers of the '^ Legal Intelligencer," and in five alternate numbers of the "Evening Bulletin," {see Exhibit — .)] He was duly affirmed to perform the duties of hig appointment with fidelity, and met the parties on the day fixed, to wit, the day of — — , A. D. 18 — , and by adjournment from time to time afterwards. G. M., Esq., appeared as counsel for the Executors of the estate of T. B., Esq., deceased, who was the accountant and residuary legatee ; T. J. W., Esq., appeared as counsel for R. McF., H. Gr., M, A. T., and D. B. T., Administrators of the estate of L. T., de- deceased; which B,. McF., H. Gr., and L. T. are legatees under the will of the said M. McF., deceased. The said M. McF., the testatrix, died in , A. D. 18 — , having first made her last will and testament, dated the day of the same month and year, and duly proven in the same month, whereby she bequeathed the following legacies, " to be paid out of the proceeds of her real estate," to wit : To R. McF $2,000 L. T 600 H. G 150 The real estate was not sold until the year 18 — -, when the late T. B., the Executor, filed his account of the s.aid sale, which, after various exceptions thereto, resulted in the decree of this Court, on the day of , 18 — , declaring the said sum of $924.65 to be in the hands of the said Executor, and the proceeds thereof to be paid pro rata to the said legatees, after certain deductions here- inafter mentioned. It is deemed unnecessary to go into a history of this case, as it has been before this Court and the Supreme Court from the year 18 — to 18 — , inclusive, in various ways, at the instance of all the 632 orphans' coui^ts. parties, as will be seen by reference to the records of this Court and the printed paper-books relating thereto. , . Mr. W., on behalf of the said legatees, claimed the fund, with interest thereon from the — ■ day of -^ 18 — , the day on which the account was filed in the Register's office and settled, first allowing a deduction of 14^ per cent, on the amount of said fund, and interest, according to the written agreement of all the parties, dated the ■ day of , 18 — , on file in this Court, and fully set forth in the said printed paper^^ooks. Mr. M., on behalf of the Executors of the accountant, objected, first, to the amount of interest claimed, and, secondly, to the amount of allowance to be deducted. As to the interest, he contended that the Orphans' Court, by its decree of the day of , 18 — , had fixed the amount then in the hands of the accountant, and that it was not competent for the claimants of the fund to go behind that decree ; that the decrees of the Orphans' Court are similar in effect to the judgments of the courts of common law ; and that therefore the interest should be calculated only from the date of the .decree. As to the amount of allowance to be deducted, he contended that by the express words of the agreement of the ^— day of , 18 — , the allowance was to "be borne rateably and pro- portionably by all the legatees and devisees, according to the several and gross amounts of their respective devises, and legacies mentioned in said will;" and, in support of this position, read in evidence from the said agreement the above and such other por- tions thereof as he deemed proper. The Auditor, upon mature consideration, is of opinion with the counsel for the Executors of the accountant upon both his points, and so decides : First, that the interest shall be calculated to begin frofn the day of — -, , 18—, the date of the decree of the Orphans' Court, on the sum of $924.65, up to the time of the affirmance of the decree by the Supreme Court, to wit, the day of , 18 — ; the interest is thus to be calculated on the aggregate sum of principal and interest from the said day of ^ — , 18 — , to the day of , 18 — , the day of filing this report, agreeably to the decision of the Supreme Court in Wither's Appeal, 4 Harris's Reports, page 151. And secondly, that the allowance to be deducted shall be calcu- lated on the gross amount of the respective legacies, according to the said agreement of the day of , 18 — . In accordance with these views, the Auditor has stated the ac- count and reports distribution of the fund as follows : Amount of the fund decreed to be in the hands of 'the accountant on the day of , 18 — $924 65 Interest thereon from that day to the day of OEPHANS' COUBTS. 633 ^: , 18^, the time of the affirmance of the said decree ^ 108 80 1,033 45 Interest on $1-, 033.45 from the day of , 18—, to the day of , 18— 82 60 |1,116 05 Deduct allowance of 14^ per cent, on $2750, the gross amount of the legacies aforesaid 390 50 ' " ' , $725 55 Deduct for recording report $5 " Auditor's fee 25 — 30 00 Balance to be distributed $695 55 Which will pay to the said legatees 25J per cent., and is to be dis- tributed among them as follows, to wit : Cifitribution. Dmdend. To R. McF., legacy of $2,000 $505 75 L. T.'s Administrators, legacy of 600 151 85 H. G., legacy of 150 3795 $695 55 All which is respectfully submitted, J. H. C, Auditor. May — th, 18—. The Auditor further reports that on the 28th of May, 18 — , he served a notice of the filing of his report (a true copyjjf which notice is hereto annexed) on T. J. W., Esq., by delivering the same to his son H., then in his office, and on G. M., Esq., personally ; since which, to wit; on the 8th of June, 18 — , the annexed excep- tions to the said report have been filed by T. J. W., Esq.> which have been carefully examined, but they are not 6onsidered " well founded," or sufficient to induce your Auditor not to file feis report. J. H. C, Auditor. June 10th, 18—. 4. Nbtioe to Parties interested, of the Report of Auditor for Distri- bution of Estate of Decedent among the JEteirs. In the Orphans' Court of County. In the matter of the Estate of M. McF., deceased. Dear Sir : — ^Please to take notice that my Report as Auditor in the above estate is now ready, and wiU be filed in the said Court on 634 orphans' courts. the 10th day of June, Ai D. 18 — , and in the mean time the said report will be at my office, No. street, for inspec- tion. Yours truly, J. H. 0., May 1%th, 18—. Auditor. 5. Exceptions to the Report of Auditor for Distribution of Estate of Decedent among the Heirs, In the matter of the Estate of M. McF., deceased. Exceptions on the part of R. McF., H. Gr., and the Administrators of the estate of L. T., deceased, to the report of J. H. C, Esq., Auditor appointed by the Orphans' Court for the County of to report upon the distribution of the fund declared by the decree of the Court of the day of , A. D. 18 — , to be in the hands of the late T. B., Esq., Executor of the wiU of the said M. McF., deceased. 1. Because the said Auditor has reported that the said legatees are entitled to interest on the fund only from the day of , A. D. 18 — , the- date of the decree of the Orphans' Court; whereas he ought to have charged the Executor with interest from the time ,of settling the account in the Register's Office, viz. from the • ■- ' day of , A. D. 18—. 2. Because the said Auditor has reported that the allowance to be deducted from the legacies of these exceptants is to be calcu- lated on the gross amount of the respective legacies ; whereas he ought to have calculated it upon the net amount thereof, viz. the amount declared by the decree of the Court to be in the hands of the Executor for the purpose of paying the legacies, together with the interest thereon. 3. Because the said Auditor has deducted from the legacies due to these exceptants, the expenses of this audit amounting to thirty dollars ; whereas the same ought to be paid by the estate of the Executor out of the general assets of the estate of M. McF. , J.J.W., June 7th, 18 — . For the Mcceptwnts Refunding Bond to Executor or Administrator. Know all men by these presents, that we, J. R. B., of and A. W., of the same place, Merchants, are held and firmly boui'. at an Orphans' Court held it , .in and for the ^^^^f said County of , the . — day of , in the year of our Lord one thousand eight, hundred and , before the Honorable E. K., Esq., President, and his Associate Justices of the Court. In the matter OBPHANS' COURTS. 645 of the estate of J. G., Jrsj deceased. The petition of N. G. G., of • — , in the State of was presented, setting forth, [here insert as set forth in the petition.] And whereupon the said Court, on due proof and consideration of the premises, awarded an inquest for the purposes aforesaid. We therefore command you, that, taking with you twelve good and lawful men of your bailiwick, you go to and upon tbe premises aforesaid, and there, in the presence of the parties aforesaid by you to be warned (if upon being warned they will be present) and hav- ing respect to the true valuation thereof, and upon the oaths and affirmations of the said twelve good and lawful men, you make par- tition to and among the heirs and legal representatives of the said intestate, in such manner and in such proportions as by the laws of this commonwealth* is directed, if the same can be so parted and divided without prejudice to or spoiling the whole. And if such partition cannot be made thereof without prejudice' to or spoiling the whole, that then you cause the said inquest to inquire and ascertain whether the same will conveniently accommoda/te more than one of the said representatives of the said intestate,* without prejudice to or spoiling the whole; and if so, how many it will as aforesaid accommodate, describing each part by metes and bounds, and re- turning a just valuation of the same. But if the said inquest, by you to be summoned as aforesaid, to make the said partition or valuation, shall be of opinion that the premises aforesaid, with the ap- purtenances, cannot be so parted and divided as to accommodate more than one of the said representatives of the said intestate,* that then you cause the inquest to value the whde of the said real estate, with the appurtenances, having respect to the true valuation.thereof^ agreeably to law : And that the partition or valuation so made, you distinctly and openly have before our said Justices at , at an Orphans' Court, there to be held on the regular day of sessions thereof, after such inquest shall be made, under your hand and seal, and under the hands and seals of those by whose oaths or affirma- tions you shall make such partition or valuation. And have you then and there this writ. , Witness, E. K., Esq., President of our said Court at aforesaid, the day of , in the year of our Lord one thousand eight hundred and . J. B., Clerh of 0. O. 5. Acceptance of Service of Notice of the Meeting of Jury of Inquest, hy Parties interested. We hereoy acknowledge to have received from the Sheriff due and legal notice of the meeting of the Jury of Inquest to be held in * The portions of this form in italics were amended on petition. See pp. 668, 659. 646 orphans' couets. pursuance of the witMn order or lyrit, and to assemble at Mr. B.'s, No. , St., on , the day of , A. D. 18—. T. B., Trustee of the Estate of J. Ci., Jr., deceased. V. L. B., Attorney,* in fact and in law, of JV. Cr., Jr., of , in the State of ; Attorney in fact of N. Gr. Cr., J. G. G-., JE. F. &., and 0. J. G., aduli children of E. G., formerly E. G., deceased, and of N. G., Jr., Guardian of W. S. G., G. G; and N. G., minor children of the said E. G; deceased. T. B., Attorney for A. G., Widow. M. G.R CD., Guardian of M. D. and M.D. K. G., Attorney for J. L. S., the Guardian of A. G. 6. Sheriff's Return to the Writ. The execution of the ■within writ will appear by reference to a certain schedule or inquisition hereto annexed. So answers M. M. M., . Sheriff. 7. Inquisition in Partition. County, ss. An inquisition, indented and taken at — , in the County aforesaid, this day of , in the year of our ^ord one thousand eight hundred and , before M. M. M., Esq., fiigh Sheriff of the County aforesaid, by the oaths and affirmations of the Jurors whose names and seals are hereunto annexed, good- and lawful men of my bailiwick, who say upon their oaths and affirma- tions, that having been taken by the said M. M. M., High SheriflF as aforesaid, in his proper person, to the premises in the writ to this inquisition annexed described, and the parties in the said writ named having been severally warned, and as many as chose being present, that the property described in the said writ cannbt be parted and divided without prejudice to or spoiling the whole thereof, and therefore that they value and appraise the same as fol- lows, to wit : No. 1 at the sum of dollars. No. 2 at the sum of — dollars. No. 3 at the sum of dollars. * The Letter of Attorney authorizing the Attorney to appear for his principa and accept service, &c., should be filed of record. orphans' coukts. 647 In testimony whereof, as well I, the said Sheriff, as the Jurors aforesaid to this inquisition, have fixed our hands and seals, the day and year above mentioned. C. S. J. E. M. M, Signatures and seals of twelve Jurors. M. M., Sheriff. 8. Order and Decree granting Mule on the Heirs and other - Persons interested to accept or refuse. In the Orphans' Court of the County of . In the matter of the Partition of the Real Estate of J. G., Jr , deceased. At an Orphans' Court held at -, A. D. , present -, on the day of -, it appearing to the Court from the return of the Sheriff and the Jury of inquest, under their respective hands and seals, made this" day, to the order or writ of inquest, that the parties in said writ "named had been severally warned, (as many as chose being present;) that the property described in the said writ cannot be parted and divided without prejudice to or spoiling the whole thereof, and that the said Jury of inquest had therefore valued and appraised the said property as follows, viz : No. 1 at the sum of - No. 2 at the sum of - No. 3 at the sum of ■ dollars, dollars, dollars. On motion of V. L. B., solicitor for the petitioner, the Court do order and decree that the aforesaid inquisition be confirmed, and that a rule, directed to T. B., trustee of the residuary estate of the said J. G., Jr., deceased, under the will of the said J. G., Jr., N. G. G., J. G. G., E. F. G., C. J. G., N. G., Jr., guardian of W. H. G., G. G., and N. G. ; A. G., M. G. D., C. D., guardian of H. D. and M. D. ; and J. L. S., guardian of A. G., heirs and per- sons interested, as in said writ of inquest mentioned, and all other persons interested, citing them and each of them, to be and appear before the Judges of the said Orphans' Court, to be held at — , on the day of , inst., at o'clock in the noon, then and there to accept or refuse to take the real estate of the said J. G., Jr., deceased, situate as in the original 648 OKPHANS' COURTS. petition filed in these proceedings, and in said writ of inquest is mentioned and set forth, at the appraised valuation put upon it by the aforesaid inquest, duly awarded by the said Court and returned by the Sheriff this day of , A. D. 18 — , to wit, pre- mises numbered iii said' writ of inquest, • No. 1 at dollars, No. 2 at dollars', No. 3 at dollars, be granted and allowed and issue out of the said Orphans' Court. 9. Certified Copy of the preceding Rule of Gourt, to he served, ^e, <^]^f At an Orphans' Coijirt for the County of , held at , on the day of , A. D. 18 — ; . in the matter of the Estate of J. Gr., Jr., deceased; on motion of V. L. B., Esq., Attorney, &c., the Court grant a rule, directed to T. B., trustee of the residuary estate of the said J. G., Jr., deceased, under the will of the said J. Gr., Jr., deceased, N, Gi-., Jr., N. G^. G., J. G. G.,'E. F. G., C. J. G. ; N. G., Jr., guardian of W. H. G., G. G., and N. G. ; A- G., M.G. D. ; C, D., guardian of H. p. and M. I). ; and J. L. S., guardian of A. G., heirs and persons interested in said estate, and all other persons interested, to be and appear .before the honorable the Judges of the sajid Court, at a Court to be held at ^ — , on , the -: day of , A. D. 18 — , at o'clock, A. M., then and there to accept or refuse the real estate of said decedent, at the appraised valuation put upon it by the inquest duly returned. By the Court. D. H., Clerk 0. 0. 10. Acceptance of gervice of above. I accept seryioe of the within rule, — day of , A. D. 18—. T. B., Trustee of the Residuary Estate of J. Q-., Jr., deceased. I accept service of the within rule for A. G., -v^^idow of J. G., Jr., deceased, day of , A. D. 18 — . T. B., Attorney of Mrs. A. Q-., widow of J. Gf., Jr., deceased. OKPHANS' COUKTS. 649 We accept service of the mthin rule, day of -, A. D. 18—. V. L. B., Attorney for N. a., Jr., N. a. a., J. G. &., J?. F. a., a J. a., and JSr. a., Jr., Guardian of w. E. a., a. a., and N. a. R. G., Attorney for J. L. S., Q-uardian of A. G. M. G. D., CD., Guardian of H. D. and M. D. 11. HvXe of Court upon one of the Heirs, a non-resident of the State, and upon whom the previous Rule of Gourt zbas not served, to show cause why the Meal Estate Appraised should not he Sold. At an Orphans' Court for the County of , held at — , on the day of , A. D. 18 — '■. In the matter of the Estate of J. G., Jr., deceased. It appearing to the Court by com- petent proof of service filed that the rule heretofore granted to take or refuse the aforesaid real estate at the valuation returned by the Sheriff's inquest had been duly served on the heirs, and on all persons interested, and none of such heirs or persons interested appearing at the time designated by such rule, viz. at the pre- sent session of the said Court, to take the said real estate at the aforesaid valuation, on motion of V. L. B., Esq., attorney for N. G. G., petitioner, the Court grant a rule upon the other heirs and persons interested to show cause why the real estate so ap- praised should not be sold, and rule returnable at the next session of said Court, to be held on the day of , A. D. 18 — . 12. Cer^ed Copy of aleve Rule, to l^ served, ^c. At an Orphans' Court for the County of , held at , on the day of , A. D. ■ In the matter of the Estate of J. G., Jr., deceased. It ap- pearing to the Court that the rule heretofore granted to take or refuse the aforesaid real estate at the valuation returned by the Sheriff's inquest, had been duly served on the heirs and on all persons interested, and none of such heirs or persons interested appearing at the time designated by such rule, viz. at the present sessions of the said Court, to take the said real estate at the aforesaid valuation. On motion of V. L. B., Esq., At- torney for K". G. G., the petitioner, the Court grant a rule upon the other heirs and persons interested to show cause why the real estate so appraised should not be sold. Rule returnable at the next ses- sions of said Court, to Be held on the day of , A. D. . By the Court. D. H., Clerh of 0. C. 650 orphans' courts. 13. Aeceptantie of Service of the above Rule of Court. I accept service of the within rule to show cause, &c. T. B., Trustee of the Residuary Estate of J. G., Jr., deceased^ under his last will and testament. T. B., Attorney in fact of Mrs. A. (?., Widow of J. Gr., Jr., deceased. We accept service of the within rule to show cause, &c. V. L. B., Attorney in law and fad for iV, Gr., Jr., JSF. Gr. G., J. a. a., E. E. a., o. j. a., and m a-., Jr., Guardian of W. H. G., G. G., and JSf. G. M. G. D. C. D., Guardian of IT. D. and M. D. 14. Affidavit that due Efforts^ were made to ascertain the residence of and serve Notice of Rule of Court upon the party excepted. In the matter of the Partition of the Keal Estate of J. G., Jr., deceased. In the Orphans' Court of the County of . V. L. B., of , Attorney at Law, being duly sworn, doth depose and say, that as attorney for the petitioner iq the above matter, he hath made inquiry after the residence of J. L. S., Guardian of A. G., minor child as is allegfed of R. G., deceased, and that he has been informed and verily believes in answer to such inquiries that the said J. L. S. does not reside within the State of Pennsylvania, but ^s and has been for some tuae past a resident of County, in the State of . Tiiit the aforemen- tioned inquiries were made with the view of serving upon said J. L. S. notice of a rule in the above-mentioned proceedings to show cause why the Orphans' Court of the County of , should not order or decree a sale of the real estate mentioned in the petition and return of the Jury of Inquest, said rule being returnable -, the day of , A. D. . V. L. B. Subscribed and sworn to before me, this day of A. D. . D. II., Clerk of 0. C. 15. Order and Decree of Publication of Notice of Rule to party non- resident, ^c, and maTcing absolute Rule as to Parties notified. In the Orphans' Court of the County of '■ . In the matter of the Partition of the Real Estate of J. G., Jr.. deceased. At a sessions of the Orphans' Court of the County of , orphans' courts. 651 held at ^ — , on the — day of A. D. . Pre- sent Hon. E. K., President, and the Hon. A. V. P. and J. C, As- sociates, it regularly appearing to' the Court, by affidavit filed and otherwise, that all the heirs and other persons interested in the above-mentioned partition had been duly notified and served ac- cording to law with the rule to show cause why the Court should not order and decree a sale of the real estate mentioned in the petition, and return of the jury of inquest, returnable this day, with the exception of J. L. S., Guardian of A. Gr., an alleged minor child of R. GL, deceased ; who, it appears to the Court, by affidavit filed, is a resident of County, in the State of , on motion of V. L. B., Attorney for petitioner, the Court do order that the said rule be made absolute as regards all the other heirs and parties interested, save and except the said J. L. S., guardian as aforesaid, and that the rule be continued open as to him, the said J. L. S., guardian as aforesaid, that notice be given the said J. L. S., guar- dian as aforesaid, of the aforesaid rule, by publication twice a week for the space of three successive weeks in the Pennsylvania Inquirer,. a daily newspaper pnblished in , that the aforesaid rule to show cause, &c., as to the said J. L. S., guardian as aforesaid, be returnable at a sessions of the said Orphans' Court, to be held in , on the day of , A. D. , and that the order and decree of sale prayed for be held over for advisement until the said J. L. S., guardian as aforesaid, shall have been notified as aforesaid and have an opportunity to show cause to said rule upon the said of , A. D. . 16. Proof of Publieation of Notice, ^e. In the Orphans' Court for the County of ■ En the matter of the Partition of the Real Estate of J. G., Jr., de- ceased. . County, S8. G. P. G., being duly sworn, doth depose and say that a notice under the seal of the Orphans' Court of the County of —. , of which the following and annexed printed advertisement is a true copy, was published for three successive weeks, twice a week, the first insertion thereof having been made on the day of , A. D. , in the Pennsylvania Inquirer, a newspaper, published daily, except on Sunday, in — .' That the aforesaid copy of said notice directed to J. L. S. is as follows, and is marked (A). (A) In the Orphans' Court for the County of . In proceedings for the Partition of the Real Estate of J. G., Jr., deceased. To J. L. S., Guardian of A. G., a minor. Pursuant to an order of publieation, made by the Court at their 552 orphans' ci.orts. regular sessions in : — ', on , the- day of , A. D. , upon motion of V. L. B., Esq., Solicitor for the pe- titioner, you are hereby notified and required to be and appear before the aforesaid Orphans' Court, at their regular sessions, to be holden at , on , the day of A. D. , at o'clock, A. M., to show cause, if any you have, why the real estate appraised by the inquest in these proceedings should not be sold agreeably to the Act of Assembly of the State of Pennsylvania, in such case made and provided. In testimony whereof, I have hereunto affixed my ^[^/; hand and the seal of the said Court, this day of m - — ' ^- !>• — • D. H., Clerk of 0. 0. Subscribed and sworn to before me, this \ day of , A. D. . / G. P. G. J. A. L., Deputy Olerh of 0. C. 17. Order and Decree of Sale. In the Orphans' Court for the County of . In the matter of the Partition of the Eeal Estate of J. G., Jr., deceased. At an adjourned sessions of the said Orphans' Court, held at , on the day of , A. D. . Present Honorable E. K., President, and J. R. J., Associate Judge. It appearing to the Court by affidavit read and filed, that notice, by printed advertisement made twice a week for three successive weeks in the Pennsylvania Inquirer, a daily newspaper published in , of the rule heretofore granted to show cause why the real estate valued and appraised by the inquest in these proceedings, and which the heirs and other persons interested have heretofore neglected or refused to take at such valuation and appraisement, should not be sold, had been likewise given to J. L. S., Guardian of A. G., a minor, agreeably to the order lof the said Court hereto- fore made on the — day of , A. D. ;-. On motion of V. L. B., Solicitor for the petitioner, the Court do further order and decree that T. B., Administrator de bonis non cum testamento annexo of the said J. G., Jr., deceased, be and hereby is authorized and required, after due and legal notice thereof agreeably to the Act of Assembly in such case ma,de and provided, to expose the aforesaid real estate, valued and appraised by the in- quest in these proceedings, to public sale at , [stating the place of sale,] in , on , the day of , A. D, 18 — , at o'clock, — M. ; that the widow's dower be charged on the premises, agreeably to the Act of Assembly in such case orphans' courts. 653 made and provided ; that tlie said Administrator he authorized to expose the said premises to public sale in such parcels or subdivi- sions as will, in his judgment, be most for the benefit and advan- tage of said estate ; that in the event of not being able to obtain a sufficient bid for the said premises, or any part thereof, .-when so as aforesaid exposed to sale, the said Administrator is authorized to adjourn the sale of said premises, or such part thereof, to some other time, at the said , [the place of sale hereinbefore named,] as shall seem to him most to tha^advantage of the said estate, i^pt exceeding sixty days, and at such adjourned tinie and space, after giving by advertisement and otherwise due and legal notice of the said sale, agreeably to the Act of Assembly in such case made and provided, to expose again to public sale the- said real estate, or such part thereof, the sale whereof shall so as aforesaid have been adjourned, ahd'to make returns at the next regular ses- sions of the said Court thereafter. 18. Return to the Order of Sale, and Petition of Administrator for an extension of the feriod for effecting Sale of Real Estate. To the Honorable the Judges of the Orphans' Court for the County of . In the matter of the Partition of the Real Estate of J. G., Jr., de- The return and petition of T. B., Administrator de bonis non cum testamento annexo of J. G., Jr., deceased, respectfully show- eth : That pursuant to an order of sale made by the said Orphans' Court on the day of , A. D. 18 — ■, your petitioner, after giving due and timely notice thereof, according to the Act of Assembly in such case made and provided, caused the premises numbered in the annexed .printed hand-biU as Nos. 1 and 2, and first and secondly described and mentioned in the said order of sale, to be separately exposed to public sale at , on the day of , A. D. 18—, at o'clock, — M., by J. A. F., Auctioneer ; and receiving no sufficient bid for the said premises, or either of them, by the'request of the parties in interest in the said partition, he withdrew the same from sale. Your petitioner further showeth, that in accordance with the wishes and desires of the par- ties in interest, and influenced by a consideration of the present depressed condition of property in '■ — , occasioned by the sus- pension of the trade, he did not expose to public sale, as ordered and directed by your Honors, the said property lying on Street, mentioned and described in the annexed order of sale. Your petitioner therefore prays your Honors to confirm his doings as herein returned, and to further order and direct that he expose to sale at , in , the aforementioned and de- scribed premises, at such time as he shall deem most expedient ^-^'Y yi- 654 ORPHANS COURTS. provided that the said time do not exceed six months from the date of said order, and that he make return of his doings therein at the next regular sessions of this honorable Court that shall be held »fter such exposure to public sale of the aforesaid premises. T. B., Administrator de bonis non c. t. a. of J. Gr., Jr., deceased. Here should follow, to be inserted for filing, one of the hand-bills of sale. 19. Alias^rder and Decree of Sale, ^c. In the Orphans' Court for the County of ■ In the matter of the partition of the real estate of J. G., Jr., de- ceased. ^ At a regular sessions of the Orphans' Court, held at ^ , on the day of , A. D. 18 — , present, Honor- able B. K., Presideflt, and Honorable J. C. and A. V. P., Asso- ciate Judges: It appearing to the Court, from the return and petition of the Administrator to the order of sale heretofore granted, read, and filed, that the real estate mentioned in said order of sale, for want of sufficient bidders and for other good and satisfactory reasons, had not been sold by him, and that it is just and necessary that an alias order of sale be made, on motion of V. L. B., Esq., Solicitor for said Administrator de bonis non cum testamento annexo, it is further ordered and decreed, that the prayer of the said Administrator, &c., contained in his aforesaid petition, &c., be granted and allowed; and that he be directed to expose to public sale the premises described in the aforesaid return and petition, at — , at any time within six months from the date of the decree that shall appear to him most expedient, upon giving due, timely, and legal notice thereof, agreeably to the Act of Assembly in such case made and provided, and that he make return of his doings therein at the next regular sessions of the said Orphans' Court that shall be held after such exposure to public sale as aforesaid. 20. Return to the Alias. Order of Sale, and Petition of Adminis- trator asking Court to confirm Sale of Real Estate. In the Orphans' Court for ■ — County. In the matter of the Estate of J. G., Jr., deceased. To the Honorable the Judges of the Orphans' Court for the County of . The petition of T. B., of , Administrator de bonis non cum testamento annexo of J. G., Jr., late of said coiinty, deceased, respectfully represents : That under and by virtue of an a;lias order or decree of sale, bearing date the day of , A. D. 18 — . having first given due and timely public notice by hand-bills orphans' courts. 655 and advertisements, during at least twenty daySj he did, by J. A. F., Auctioneer, on , the day of , A. D. 18 — , at , at o'clock in the evening, expose the real estate, in the original and alias orders or decrees of sale mojre fully described, to public sale at auction, upon the following terms, to wit : one-third of the purchase-money, being the share of the widow, to remain in the hands of the purchaser during the natural life of the said widow, and the interest thereof, at six per cent., to be annually and regularly paid to her by the purchaser, his heirs and assigns, holding the premises, and, if not paid, the said interest to be reco- vered by distress or otherwise, as rents are recoverable in this com- monwealth ; and at her decease, the said widow's share of the pur- chase-money to be paid to the persons legally entitled thereto, agreeably to the Act of Assembly in such case made and provided ; and the balance of said purchase-money to be paid in cash upon the execution of the proper deed. Whereupon S. W., of , Mer- chant, became the purchaser of the premises first described in said order of sale, and marked, in the annexed printed hand-bill marked with the letter (A), as No. 1, to wit, all that certain, [describe pre- mises,] situate on , between and Streets, for the price or sum of dollars ; N. Gr., Jr., became the pur- chaser of the premises second described in said order of sale, marked No. 2 in said hand-bill hereunto annexed, to wit, all that certain [describe premises] situate on Street, between and — Streets, for the price or sum of dollars; N. G., Jr., also became the purchaser of part of the premises the third described in said order of sale, and marked No. 3 in said hand-bill hereto an- nexed, to wit, all that certain, [describe premises,] situate, &c., for the price or sum of dollars ; and the said N. G., Jr., also became the purchaser of the remainder of the premises third de- scribed in said order of sale, and marked No. 4 in the said hand-bill hereto annexed, to wit, all that other certain lot of ground, situate, &c., for the price or sum of dollars : they being severally the highest and best bidders and those the highest and best prices severally bidden for the same. Whereupon your petitioner prays that your Honors will further order and decree that the aforesaid several sales be respectively confirmed and stand valid and stable to the said respective purchasers, their heirs and assigns for ever ; that the share of A. Gr., widow of J. G., Jr., in the said several pro- perties so as aforesaid described in said original and alias orders of sale, and in the printed hand-bill hereto annexed marked (A), and so as aforesaid sold, being One-third of the aforesaid respective sums of purchase-money, shall remain in the hands of the said several purchasers thereof during the natural life of the said A. G., wiJiow of the said J- G., Jr., deceased, and that the interest thereof, at six per cent, per annum, shall be andually and regularly paid to her, the said A. G., during her natural life, by the said several pur- chasers, theii heirs and assigns respectively, holdin? said several 656 orphans' courts. premises, to be recovered, if not paid,"bj distress or otherwise, aa rents are recoverable in this commonwealth, which the said widow shall accept in full satisfaction of her dower in said several premises ; and, at her decease, that her aforesaid share of the said purchase- money of the said several premises, being one-third thereof, shall be paid to the persons legally entitled thereto, agreeably to the Act of Assembly in such case made and provided; and that upon the giving by the petitioner of the security required by the Act of As- sembly in such case made and provided, in respect to the aforesaid sales respectively, to be fixed at one-third more than the several amounts of the aforesaid respective cash sales, and upon the receipt respectively from the aforesaid several purchasers by this petitioner of the remaining two-thirds of their respective bids, in cash, that then this petitioner shall and do execute to the said purchasers re- spectively deeds of conveyance of the aforesaid several premises so as aforesaid respectively purchased by them. And your petitioner will ever pray, &c. T. B., AdminiBtrator de bonis non cum testamento annexo of J. 6r., Jr., deceased. Affidavit to he appended to the above Petition. T. B., the above-named petitioner, being duly sworn according to law, says, that the facts set forth in the above petition and re- turn are true, to the best of his knowledge and belief. T. B. Sworn and subscribed before me, this day of , A; D. 18—. A. D., Alderman. 21, Petition of Administrator to Oourt to Approve of Sureties. To the Honorable the Judges of the Orphans' Court for the County of . The petition of T. B., of said , Administrator de bonis non cum testamento annexo of J. Gr., Jr., deceased, respectfully showeth : That on the day of , A. D. 18 — , your petitioner made return to your honorable Court that he did, under and by virtue of an order of sale issued out of your honorable Court, to him directed, expose to public sale at the , in said , on the evening of , the day of , A. D.' 18 — , all the real estate of said decedent mentioned and described in said order ; and that the property marked No. 1 in said order of sale, being all that lot of ground, &c., situate, &c., in said , as therein described, was purchased by S. W., of said' , Mer- chant, for the price or sum of — ^ dollars, he -being the highest bidder and that the best price bidden for the same ; one-third part of said purchase-money to be and remain charged on said premises orphans' courts. 657 for and during the life of Mrs. A. G., mdow of the said decedent, the interest thereon to be paid annually to her during the term of her natural life, &c., as will appear by reference to the said return; and did likewise, at the same time, pray your Honors to confirm the sale of the said property on Street, hereinbefore men- tioned, as will also appear by ft reference to the said return and petition. . Your petitioner therefore now further prays that the security to be given by your petitioner to enable him to receive the amount of purchase-money to be paid by said S. W. for the said lot of ground, &c., on Street, agreeably to the Act of Assembly in such case made and provided and the practice of your honorable Court, be fixed by your Honors at dollars, and that your Honors approve of V. L. B., Esq., of , as his surety. And your petitioner, &c. T. B., Administrator de bonis non cum testamento annexe of J. Q-., Jr., deceased^ 22. Order of Court Approving Surety. In the Orphans' Court for County. In the matter of the Partition of the Real Estate of J. G., Jr., deceased. At an Orphans' Court for the County of , held at , on the day of , present, the Honorable E. K., Pre- sident,, and J. vC, Associate Judge of the said Court : On reading and filing the_petition of T. B., Administrator de bonis non cum tes- tamento annexo of J. G., Jr., deceased, asking that the amount of the security to be given by him in said Court relative to the sale of the lot of ground, &c., on Street, between and Streets, in , sold to S. W. might be fixed, and that V. L. B., Esq., should be approved as surety, it was ordered and decreed by the Court that security be given by the said T. B. in the sum of dollars, agreeably to the Act of Assembly in such case made and provided, and that V. L. B., Esq., be approved as such surety. 23. JExceptions to Confirmation of Sale. Estate of J. G., Jr., deceased. Exceptions to the proposed confirmation of sale as to the property. First. That the Orphans' Court had not jurisdiction of the case. 1st. Because the Act of 13th April, 1840, does not embrace a case where the parties, or some of them, are minors, and the course of descent is>ltered. 2nd. Because at the institution of the proceedings there was only a life gstate in one of the parties, and no vested remainder in fee in any one living. 42 658 orphans' courts. Seaomd; Because the writ of inquest directed to the Sheriff is made out, and all the requisitions are in conformity with a case of intestacy, and not in compliance with the rights of the parties, or the will of Mr. J. G., Jr. Third. Because the order of sale of February ' , A., I). 18 — , directs the widow's dower to be charged on the property " accord- ing to law," whereas there is no law authorizing such a charge. Fourth. Because Mrs. M. G. D. died before the sale, whereby the remainders became vested and new rights intervened. Fifth. Because the proceedings are irregular and defective in this, that Mrs. M. G. D., a married woman, accepts service of the rule to " accept" or refuse the premises at a valuation, and of the rule to show cause why the same should not be sold. S. W., The Bidder for the ^~~ Property, ■ ToD. H.,.Esq., Olerk of 0. 0. The atove exceptions in this case were OTermled, as per Decree, &o., No. 25, p. 659. 24. Petition of Cruardian of children of cestui que trust for life (under devise in the will of Decedent) who had deeeased sinace date of Orders of Sale, — to be allowed to become a Party to the Pro- ceedings of Sale of Real Estate of the Meoedent, by request of a Purchaser of a part thereof' To the Honorable the Judges of the Orphans' Court of the County of-- . The petition of C. D., of , Guardian of H. D. and M. J>., minor children of M. G. D., dteeeased, respectfully showfith, that certain proceedings in partition of the real est-ate of J. G., Jr., de- ceased, situate in -^ — — County aforesaid, in case of testacy, where there were minors, have been had in your honorable Court, whereby, under an order or dtecreo' of sale made by your Honors, the said real estate has been sold by T. B., Esq., Administrator d€ bonis Hon cum testaniento annexo of said J. G., Jr., deceased, and a re- turn made by said administrator of said sale to your Honors, on the day of , A. D. , and whereas, since the date of the aforesaid order or decree of sale, M. G. D., the wife of your petitioner and the cestui que trust for life, under the devise in said will of the residue of the said estate contained in the last will of the said J. G., Jr., deceased, has departed this life, leaving the two minor children to whose persons and estates your petitioner has been appointed guardian by your honorable Courtj. and whereas S. W-, the purchaser of part of the premises so as aforesaid sold, has requested your petitioner to make himself, by supplemental petition in behalf of the aforesaid minors, a party to the aforesaid orphans' courts. 659 sale-, and your petitioner, witliout intending to admit any necessity for the same, is yet willing to accommodate the said S. W., by acceding to his aforesaid request. Now, therefore, your petitionee, as guardian of his aforesaid minor children, prays your Honors to permit him, on their behalf, since the death of their aforesaid mother, to become, by this supplemental petition, if, in your Honors' opiaion, the same be necessary or proper, a party to the aforesaid sale and all proceedings subsequent thereto; and your petitioner, as guardian aforesaid, further prays your Honors to enter upon your' record of proceedings in the above matter, his as- sent and approval, as now herein expressed by him, as guardian of the said minor children, to and of the aforesaid sale of the aforesaid premises, and that your Honors will confirm the aforesaid sale, and decree that the same shall for ever stand firm and stable to the several purchasers of the respective premises at said sale. And your petitioner, &c. C. D. 25. Decree of Confirmation of Sale, ^c. In the Orphans' Court for County. In the matter of the Partition of the Real Estate of J. G., Jr., deceased. ^ At an Orphans' Court of the County of , held at , on the '— day of —■ , A. D. 18 — , present, the Honorable E. K., President, and J. C, Associate Judge of ^aid Court. On reading the report of sale and petition of T. B., Administrator de bonis non cum testamento annexo of J. G., Jr., deceased, filed the day of , A. D. 18 — , and on reading the excep- tions to the confirmation of the said report of sale, filed on the day of , A. D. 18 — , by S. W., the purchaser of the lot of ground, &c., situate on • — Street, between and Streets, in , being premises marked No. 1 in the alias order of decree of sale heretofore made by this Court, in the above entitled matter, on the day of , A. D. 18 — , and likewise designated as No. 1 in the aforesaid report of sale, made by the aforesaid Administrator ; and on hearing the ar- gument of counsel on behalf of the petitioner in the aforesaid pro- ceedings in partition, and of the aforesaid Administrator against the said exceptions, and of counsel in behalf of the said exceptant -and purchaser, S. W., in favor of the said exceptions, (upon the said report and exceptions thereto, duly set down for hearing on the day of , A. D. 18 — ,) it was ordered that the said exceptions be overruled and dismissed ; and upon reading and filing the supplemental petition of C. D., Guardian of H. D. and M. D., minor children of M. G. D., deceased, and upon motion of V.L. B., Solicitor for the aforesaid petitioner, C. D., it was ordered and de- creed that the prayer of the said petition of said C. D. be allowed 660 orphans' cotjets. and granted, and tLat he be deemed, taken, and admitted to be a party to the said sale in partition, and to all proceedings subsequent thereto, as prayed for by bim.. And on motion of V. L. B., Solici- tor for the original petitioner in these proceedings in partition and for the aforesaid Administrator, it was further ordered, that the aforesaid report of sale made by the said T. B., Administrator as aforesaid, be confirmed absolutely ; that the prayer of the aforesaid petition of the said T. B., Administrator as aforesaid, and of the aforesaid petition of the said 0. D., Guardian as aforesaid, asking for the confirmation of the sales mentioned in the aforesaid report of the said T. B., Administrator as aforesaid, be granted and allowed ; and that the said several sales of the said premises men- tioned and set forth in the aforesaid report of sale made by the said T. B., Administrator as aforesaid, ^e respectively confirmed, and remain henceforth firm and stable for ever to the respective purchasers of the said respective premises ; and that the said T. B., Administrator as aforesaid, upon the receipt of the respective amounts of purchase-money from the aforesaid respective purchasers, and upon giving the security required by the Act of Assembly in such case made and provided, execute respectively a deed or con- veyance to the respective purchasers for the premises respectively purchased by them, under and subject to a charge of one-third part of the purchase-money of the said premises respectively, on the said premises respectively, in lieu and satisfaction of the widow's dower in the same respectively, agreeably to the Act of Assembly in such case made and provided; and that the share of the widow (being one-third) of the respective purchase-money of the said re- spective premises shall remain in the hands of the said respective purchasers, charged on the said respective premises, during the natural life of the widow, and the interest thereof respectively shall be annually and regularly 'paid to her by the said respective pur- chasers, their heirs and assigns, holding the said respective pre- mises, to be recovered by distress or otherwise, as rents are recover- able in this commonwealth, which the said widow shall respectively accept in full satisfaction of her dower in such respective premises ; and, at her decease, her share of the said respective purchase-money of the said respective properties shall be paid to persons legally entitled thereto, agreeably to the Act of Assembly in such case made and pro- vided. And it is further ordered and decreed, that the writ of inquest directed to the Sheriff of the County of , in these proceedings in partition, tested the day of , A. D. 18 — , be so amended and corrected as that its direction and command .shall be to the Sheriff of the Coimty of — as follows, viz. " We there- fore command you that, taking with you twelve good and lawful men of your bailiwick, you go to and upon the premises aforesaid, and there, in the presence of the parties aforesaid by, you to be warned, if, upon being warned, they will be present, and having respect to the true valuation thsreof, and upon the oaths and affirmations of orphans' courts. 661 the said twelve good and lawful men, you make partition to and among the devisees and parties interested, under and by virtue' of the hereinbefore recited last will and testament of J. &., Jr., de- ceased, in such manner and in such proportions as by the provisions of the said last will and testament of J. G., Jr., deceased, is directed, if the same can be so parted and divided without prejudice to or spoiling the whole. And if such partition cannot be made thereof without prejudice to or spoiling the whole, that then you cause the said inquest to inquire and ascertain whether the same will conveniently accommodate more than one of the said devisees and parties inte- rested .under and by virtue of the provisions of the said last will and testament of J. G., Jr., deceased, without prejudice to or spoiling the whole, and if so, how many it will, as aforesaid, accommodate, describing each part thereof by metes and bounds, and returning a just valuation of the same. But if the said inquest by you to be s'limmoned as aforesaid, to make the said partition or valuation, shall be of opinion that the premises aforesaid, with the appurte- nances, cannot be so parted and divided as to accommodate more than one of the said devisees and parties interested under and by virtue of the aforesaid last will and testament of the said J. G., Jr., deceased, that then you cause the inquest to value the whole of the said real estate, with the appurtenances, having respect to the true valuation thereof, agreeably to law. And that the partition or valuation so made you distinctly and openly have before our said Justices at an Orphans' Court to be held at aforesaid, on the regular day of sessions thereof after such inquest shall be made, under your hand and seal, and under the hands and seals of those by whose oaths and affirmations you shall make such partition or valuation ; and have you then and there this writ." And it further appearing to the Court that the aforesaid T. B., Administrator as aforesaid, did, on the day of , A. D. 18 — , give security approved of by this Court agreeably to the Act of Assembly in such case made and provided, for the faithful applica- tion of the proceeds of the sale of the lot of ground, &c., situate, &c., on Street, in , sold by him as returned in his aforesaid re- port to this Court, to S. W., being the premises No. 1, mentioned and set forth in the report aforesaid, upon motion of V. L. B., Solicitor, for the aforesaid original petitioner in these proceedings in partition and for the Administrator aforesaid, it is further ordered that the aforesaid S. W. pay to the said T. B., Administrator as aforesaid, two-thirds of the purchase-money bidden by him for the said lot of ground, &c., as returned and certified to this Court, in the report of the said T. B., Administrator as aforesaid, viz. the sum of dollars, upon the execution to him by the said T. B., Administrator as aforesaid, of the deed or conveyance hereinbefore mentioned in this decree, containing as hereinbefore ordered and decreed the charge of the remaining one-third of the said purchase-money in lieu and satisfaction of the widow's dower, agreeably to the Act of 662" orphans' cotjkts. Assembly in sucli case made and proTided, on the premises thereby and therein granted and conveyed. 26. Final Order, Decree, ^c. In the Orphans' Court of the County of . In the matter of the Partition of the Real Estate of J. G., Jr., deceased. At an Orphans' Court foir the County of , held at , on the day of , A. D. 18 — . Present Honorable E. K., President, and J. C, Associate Judge. It appearing to the Court from the admissions in open Court of the solicitors for the administrator d. b. n. c. t. a., T. B., and for Si W., -the purchaser of the lot of ground, &c., situate, &c., in , marked in the alias order of sale as premises No. 1, respectively, that the aforesaid ad- ministrator has duly made, executed, and tendered to the aforesaid S. W., purchaser as aforesaid, the deed and conveyance of the afore- Said premises or lot of ground, &c., situate, &c., in , marked and described in the alias order of sale in these proceedings in par"- tition as premises No. 1, heretofore directed, by a previous decree of this Court made this day, to be made, executed, and delivered by the aforesaid administrator to the aforesaid purchaser S. W., and that the said purchaser S. W. has refused to accept the s?ime and to pay to the aforesaid administrator the amount of the purchase-money for the aforesaid premises, payable by the said S. W., purchaser as aforesaid, to the said administrator aforesaid, upon the execution and delivery of the aforesaid deed and convey- ance of the aforesaid premises, by him, the aforesaid administrator, to him, the aforesaid purchaser, on motion of V. L. B;, Solicitor for the aforesaid administrator and the original petitioner, it is furthor ordered and decreed by the Court, that the aforesaid order or decree heretofore made this day that the said purchaser, S. W., pay to the said administrator, upon the execution and delivery to him, by the said administrator, of the deed and conveyance men- tioned in said decree, two-thirds of the purchase-money of the pre- mises so as aforesaid purchased by the said S. W., viz. the sum of dollars, be and the same is hereby made final and absolute, and that the Said S. W., purchaser as aforesaid, do pay to the afore- said T. B., Administrator as aforesaid, the said sum of dollars. Petition hy an Seir at Law of an Intestate for Inquest to make Partition of Meal Estate of a Decedent. To the Honorable the Judges of the Orphans' Court for the County of . The petition of C. S., of , in the County of , one orphans' courts. .(3(53 of the children and lineal descendants [or as the case may be] of A. S., late of , deceased, respectfully sboweth : That the said A. S. died on the — day of — , A. D. 18 — , intestate, leaving a -widow named L., who is also deceased, and four children, viz. your petitioner C. S., D. intermarried with R. B., J. S., and P. S. That the said D. is deceased, leaving her husband, the said R. B., surviving, and two children, namely, E. intermarried with T. I>., and F. B. ; "and the said F. S. is deceased, leaving his widow named M., since intermarried with E. K., and three children, namely, R. S., S. S., and T. S. That the said decedent, A. S., died seized in fee of and in a certain lot or piece or parcel of land, &c., [here describe the real estate fully.] That no partition or valuation of said estate having been made, your petitioner requests the Court to be pleased to award an inquest to make partition of the premises aforesaid to and among the representatives of the said intestate, in such manner and in such proportions as by the laws of this common- wealth is directed, if such partition can be made without prejudice to or spoiling of the whole ; but if such partition cannot be made thereof then to value and appraise the same, and to make return of their proceedings according to law. C. S. After the presentation of a Petition as above, the proceedings are as usus.1 in other cases of partition in the Orphans' Court. Certificate of Order of Sale of Real Estate of Decedent, where due Proof qf Service of RuT^ upon all the Heirs is made, or where all of 'the Heirs come into Court arid refuse to take the Real Estate at the valuation; and if there he a Widow securing her Interest. County, ss. At an Orphans' Court held at , the day of — , A. D. 18 — , present the Honorable M. N., President, and 0. P. and Q. R., his Associates, Judges of said Court. In the matter of the Estate of C. D., late of the Township of , in said county, deceased: Due proof of the service of the rule upon all the heirs and legal representatives of said C. D. having been made and adjudged sufficient, [or all the heirs and legal representatives of the said deceased having appeared in open court and severally refused to accept of the real estate of said decedent at the valua- tmn, and ashed for an order to sell the same without any rule pre^ viou«ly obtained for that purpme,'] On motion of Mr. S'. T., it ia ord^ed and decreed by the Court, that A. B., Administrator, &c. 664 orphans' courts. of said deceased, having first filed in the office of the Clerk of said Court a bond in the sum of dollars, with E. F. and Gt. H., of , as his sureties, who are approved of by the Court, con- ditioned for the faithful appropriation of the proceeds of such sale, according to his respective duty, do expose to public sale, on , the day of next, the following described real estate, the property of said deceased, viz. a certain messuage, plantation, and piece or parcel of land situate in the TowBship of , in said county, bounded by the lands of [here describe the real estate] and others, containing acres, more or less, with appurtenances, upon the following terms and conditions, [or as the case may be] viz. one-third of the purchase-money thereof to be paid cash ; one-third in one year, and the remaining third [at the death of the widow of said deceased ; the two latter payments, with their in- terest, to he secured by hand and mortgage on, the premises : The in- terest of the widow's share to be paid, regularly and annually, to her by the purchaser, his heirs and assigns holding the premises, to he recovered by distress or otherwise, as rents are recoverable in this commonwealth; and at the decease of the said widow, her share of the purchase-money to be paid to the persons legally entitled thereto.'] [If there "be no widow, omit the portion of the form just preceding enclosed in brackets, and insert in lieu thereof as follows enclosed in brackets :] [m two years; the two latter pay- ments, with interest, to be secured by bond and mortgage on the premises.] Due notice of said sale to be given' agreeably to the provisions of the 54th section of an Act, entitled "An Act relating to Orphans' Courts," passed March 29th, A. D. 1832. Return of his proceedings herein to be made by the said A. B. according to law. By the Court. J. S,, • aerk of 0. 0. Sheriff's Return or Deed of Partition of the Ileal Estate of a Decedent parted among the Heirs. I, W. D., High Sheriff of the County of , to the Honor- able the judges of the Orphans' Court for the said county, do certify that, by virtue of the writ hereunto annexed, in my proper person, on the day of ,.A. D. one thousand eight hundred and , taking with me T. D. S., A. G. D., &c., [here naming the other jurors,] twelve good and lawful men of my bailiwick, I went to the premises in the said writ specified, and there, in pre- sence of the parties in the said writ named, by me warned, or aa many as chose to be present, the said premises, with the appurte- nances, having respect to the true valuation thereof, upon the oaths and affirmations of the said twelve good and lawful men, into three equal parts [or as many parts as the case may require] did divide And one equal third part thereof with the appurtenances, that is to say, all that certain messuage, &c., [here describe all the tracts or orphans' courts. 665 parcels of land to be included' in this one-third,] unto E. Y., in the said writ named, being her full share, part and purpart of and in the premises in the said writ mentioned, with the appurtenances, to be held by the said E. Y., her heirs and assigns, in severalty for ever, I have allotted, assigned, and delivered. She, the said E., to receive from J. S., in said writ named, the sum of dollars, and from G. S., in the said writ named, the sum of dollars, for equality of partition. And one equal third part thereof with the appurtenances, that is to say, all that messuage, &c., [here insert the tracts or parcels of land to be included in this one-third,] being his full share, part and purpart of and in the premises in the said writ mentioned, with the appurtenances, to be held by the said J. S., in the said writ named, being his full share, part and purpart of and in the premises in the said writ mentioned, with the appur- tenances, to be held by the said J. S., his heirs and assigns, in severalty for ever, I have allotted, assigned, and delivered. He, the said J. S., to pay to the said E. Y. the sum of dollars, for equality of partition. And the other equal third part thereof, with the appurtenances, that is to say, all that certain messuagfs, &c., [here insert the tracts or parcels of land to be included in this third J being his full share, pfrt and purpart of-and in the premises in the said writ mentioned, with the appurtenances, to be held by the said G. S., his heirs and assigns, in severalty for ever, I have allotted, assigned, and delivered. He, the said, G. S., to pay to the said E. Y., the sum of dollars, for equality of partition. Which said premises, in form aforesaid allotted, assigned, and de- livered, are all the premises which in the writ aforesaid are men- tioned. And I, the said Sheriff, by the oaths and affirmations of the good and lawful men aforesaid, partition, in manner and form aforesaid, among the parties aforesaid, have made, as by the writ aforesaid I am commanded. In testimony whereof, as well I the said Sheriff, as the inquest aforesaid by whose oath or affirmation the partition aforesaid was made, to this inquest, containing the same partition, have set our liands and seals, the day and year above mentioned. W. D., v^^^ /Sheriff. T. D. S. A. G. D. [Here follow the signatures and seals of all the Jurymen.] ORPHAN'S OOUETS. Decree of Gowrt Gonfirming the above Report or Deed of Partition. At an Orphans' Court for the County of -■ — ■- , held the ■ day of , A. D. 18 — , the above inquisitioli was read and heard : Whereupon it was considered and adjudged by the Court that the said partition, so as aforesaid made, be and remain firm and stable for ever. PKOCEEDINGS IN PARTITION BY JURY OF SEVEN MEN, UNDER ACT OF 29iH MARCH, 1832. 1. Petition for the Appointmmt of Jury of Sewn Men to make Partition of, or else to Value and Appraise the 'Real Estate of a Decedent. To the Honorable the Judges of the Orphans' Court in and for the County of . The petition of the subscribers, heirs and legal representatives of A. B., late of the Township of and County of — , de- ceased, respectfully represents: That the said A. B. lately died in- testate, leaving a widow, to wit, B. B., (who has since deceased,) and issue eleven children, to wit, C. B., D. M. wife of R. M. (kte D. B.,) E. B., F. B., G. B., H. B., I. B., J. B., K. B., L.>B , and M. B., the five last named being still in their minority : I. and J. having V. W. for their Guardian, andK., L. and M. having X. Y. for their Gkiardian : And that the said intestate died seized in his demesne las of fee of and in two certain messuages, plantations, and tracts of land, one of them situate, &c., {here describe the property,] containing about acres, be the same more or less; the other situate, fec^ [here describe the pwperty,] containing about acres, be the same more or less, with the appurtenances. Your petitioners therefore pray the Court to appoint and ordet C. D., B. F., G. H., I, J., K. L., M. N., and 0. P. (who have been «hos>en by your petitioners for that purpose) to make partition of the pre-' mises "aforesaid to and among the children and representatives of the said intestate in such manner and such proportions as by the laws of this commonwealth is directed, so that each one shall have and receive one-eleventh part thereof, if such partition can be made without 'prg"udiee to or spoiling the whole: but if such partition cannot be made thereof as aforesaid, theij to value and appraise the same, and make report of their proceedings herein according to law. And they will pray, &c. OEPHANS' coruTS. 667 Certificate of Order qf Court, appointing Jwy of Seven Men to Divide and Value Ileal JEstate of a Decedent, under Act of 29fA March, 1832, where there are a Widow and Children, or Children only. Comity, ss. At an Orphans' Court, held at , in and for said county, the day of , A. D. 18 — , ^^^'K present the Honorable T. H., President, and C. D. and '^^^^ R- M., his Associate Judges, the petition of , the heirs and legal representatives of A. B., late of the ToTTOship of , and County aforesaid, tvas presented and read, setting forth that [here insert as contained in the Petition ;] and there- fore praying the Court to order and appoint C. D., E. F., G. H., I. J., K. L., M. N., and 0. P., chosen by the petitioners for that purpose, to make partition or valuation thereof according to law. Whereupon the persons aforesaid are appointed by the Court, and are hereby authorized and empowered to go to the premises aforesaid, and in the presence of the parties or their legal representatives, they having been severally warned, if, upon being warned, they will be present, having respect to the true value thereof, that they inquire whether the real estate aforesaid can be conveniently parted and divided, so as to accommodate* [the widow and] all the children and legal representatives of said deceased, without prejudice to or spoiling the whole ; and if they can, that then they part and divide the same accordingly. But if ^uch partition cannot be made as aforesaid, that they then inquire whether the said premises will conveniently accommodate more than one of the said children with- out prejudice to and spoiling the whole, and if so, how many the same will accommodate; and that they part and divide the same ac- cordihgly, describing each part by metes and bounds, and returning a just valuation of the same. But if they shall be of the opinion that the premises aforesaid, with the appurtenances, cannot be parted and divided so as to accommodate [the widow and] all the children of said intestate, nor accommodate more than one of them, that then they value and appraise the same, with the appurtenances, according to law ; [that they also ascertain the widow's interest therein and in each purpart, if divided ;] and make report to the next Orphans' Conrt after they shall have so parted or valued the same. By the Court. JAMES SWENEY, Clerk 0. C, * By omitting the words embraced in brackets, the above form is adapted to a case in which there are children, but no widow ; and by retaining them, it is suited *o a case in which there are both a widow and children. 668 orphans' courts. 3. Form for Return of Jury of Seven Men appointed to mahe Par- tition of Real Ustate of a Decadent, under Act of 29th March, 1832, where said Real Estate cannot he equally parted to and among all the Parties in the said Order mentioned. To the Honorable the Judges of the Orphans' Court for the County of . We, the subscribers, appointed by the annexed order of Court to jaake partition or valuation of the real estate late of A. B., deceased, in the said order described, respectfully report : That in pursuance of the said order, we went upon the premises therein described, due and timely notice to the parties mentioned in the said order having been given, and as many of them as chose being present ; and finding that equal partition in value could not be made of the said real estate to and among all the parties in the said order mentioned], without prejudice to or spoiling the whole thereof, we have divided the same into two [or as the case may be] several parts or divi- sions by metes and bounds, and have valued and appoiuted the said respective parts or divisions as follows, viz. : Purpart No. 1, on which the mansion-house stands, and other buildings, beginning at, &c., [here describe it,] containing acres of land, be the same more or less, we have valued and appraised at the sum of dollars. Purpart No. 2, on which there are no buildings, except a small tenement, beginning at, &c., [hefe describe this part,] we have valued and appraised at the sum of dollars. A plot or draft of which said several divisions or parts is here- unto annexed. Witness our hands and seals, this day of , A. D. one thousand eight hundred and . CD. E. F. and others, the seven men reporting Here attach Plot oi Draft OEPHANS' COURTS. 669 4. Rule of Court upon Seirs requiring ihem to appear in Court, and then and there to aeoept or refuse to take the Estate of Decedent at the Valuation thereof, County, 88. ^.^xxxf^ At an Orphans' Court, held at , for said county, ^Mm& on the • day of , A. D. 18 — , present the |p]|^ Honorable B. C, President, and D. E. and F. G., Es- "^y^SjfP* quires, Associate Judges, upon the petition of V. W., Guardian of I. q/nd J, B., two of the heirs and legal re- presentatives of A. B., late of the township of , deceased, a rule was granted upon aU the heirs and legal representatives, and all persons interested in the estate of said decedent, requiring tljem to be and appear at an Orphans' Court to be held at the court- house in , in said county, on the day of ■ next, then and there to accept or refuse the estate of the said dece- dent at the valuation thereof ; and in case the heirs and legal repre- sentatives, and all persons interested in the estate of the said decedent, neglect or refuse to take the same, then to show cause, if any they have, why the same should not be sold according to law. By the Court. JAMES BROWIN, Clerk. 5. Decree of Court, adjudging a part of the Real Estate to one of the Children, at the Valuation. A. B.'s Estate. And now, to wit, the • — day of , A. D. 18 — , per- sonally appeared in open Court C. B., eldest son of A. B., deceased, , and elected to take Purpart No. 1 of the real estate of said deceased, situate in the Township of , in said county, containing acres, more or less, with the appurtenances, at the valua- tion thereof, to wit, dollars ; the costs and expenses of the inquisition and proceedings, dollars, being first deducted, leaving dollars as the net valuation money. Whereupon the Court order and adjudge the said real estate to the said C. B., his heirs and assigns for ever, upon his entering into recognisance in the sum of '■ — dollars, conditioned to secure the respective shares of the other heirs of said deceased in the amount of the valuation; and also giving bond, with Q. R., S. T., and U. V. as sureties, (who are approved by the Court,) to the other heirs and legal representatives, for the payment of their distributive shares, in months [or as the case may be] from this date, together with lawful interest for the same. The said C. B. to hold and en- joy the said real estate as fully and freely as the said A. B. in his lifetime had and held the same, agreeably to the Act of Assembly in such case made and provided, gyo OKPHANS' COTJBTS. 6. Order of Court to Sell, at Public Sale, remaining portion of the^ Real Estate of Decedent, the Heirs and Legal Itkpresentativea having refused to take it a:t valuation, or having neglected to appear in Qourt after service of Rule. A. B.'s Estate-. And now, to wit, the -— =- — day of ...y A. D.. 18 — , due proof of notice to all the. heirs and legal representatives of A. B., deceased, to come into Court and accept or refuse the real estate of said deceased, at the valuation, oar show cause why the same should not be sold, having been made and adjudged sufficient, on motion of Mr. H. L., it is ordered and decreed by the Court that- ch B. and B. B., surviving Administrators, &c., of said deceased, having first filed in the office of the Clerk of this Court a bond in the sum of — dollars, with C. 0. and E.; L. as their sureties, who are approved of by the Court, conditioned, for the faithful ap- propriation of the proceeds of such gale, according to their respec- tive duties, do expose to public sale on lie premises on the day of , 18 — , the following described real estate, the pro- perty of said deceased, to wit, a certain messuage, [here des^ibe the property,] containing about acres, be the same more or less, with the appurtenances, being the tract designated as "Purpart No. 2," in the Return of Jury appointed to make partition of the real estate of said deceased, upon the following terms and conditions, fiz. one-third of the purchasermoney, thereof to be paid cash, one-third in one year, and the remaining third in two years ; the two last payments to bear interest, and to be secured by bond and mortgfuge en the premises, [or as the case may be ;] due notice of said sale to be given agreeably to the provisions of the 54th section of an Act * of Assembly, entitled " An Act relating to Orphans' Courts," passed March 29th, 1832. Return of the proceedings herein to be made by the said Administrators according to law. 7 Decree of Court ordering Administrators to Sell, at Public Sale, a portion of the Real JEstate of Decedent, which the Heirs and Legal Representatives^ appearing in Court without a Rule for said appearance, have refused to take at the- valuation. A. B.'s Estate. And now, to wit, the — ™ — day of , A. D. 18 — , all the heirs and legal representatives of A. B., late of the township of , in the County of , deceased, having appeared in open Court, to wit. C. B., E. B., F. B,, G. B., and D. M., (wife of R. M.,) late D. B., in their proper persons, H. B., by her At- torney, J. D., duly constituted for that purpose, V. W., Guardian of I. and J. B., and X. Y., Guardian of K., L. and M. B., and seve- OUPHANS' COURTS. 671 rally refused to accept of the part of tbe real estate of said deceased, designated as "Put-part No. 2," in the Return of Jury appointed to make partition of said real estate, at the valuation, and asked for an order to sell the same, without any rule previously obtained for that purpose, on motion of Mr., H. L.., it is ordered and decreed by the Court that C.B, and E. B., surviving Admiinistrators, &c. of said deceased, having first filed in the ofiBice of the Clerk of this Court a bond in th« sum of dollars, with C. D. and E. F. as their sureties^ who are approved of by the Court, conditioned for the faithful appropriation of the proceeds of such sale according to their respective duties, do expose to public sale on the premises the following described real estate, the property of said deceased, viz. a certain messuage and tract of land situate, &c., Piere de- scribe the property,] containing about acres, be the same more or less, with the appurtenances, upon the following terms and conditions, viz. one-third of the purchase-money thereof to be paid cash, one-third in one year, and the remaining third in two years; the two last payments to bear interest,' amd to be secured by bond and mortgage on the premises, [or as the case may be ;] due notice of said sale to be given agreeably to the provisions of 54th section of an Act of Assembly, entitled " An Act relating to Orphans' Courts," passed March 29th, 1832. Return of the proceedings herein to be made by the said Administrators according to law. Petition, ^c, for Sale of Meal ^Estate to pay Debtor. To the Honorable Ihe Judges of the Orphans' Court of the County of Philadelphia. >* The petition of William L,, administrator de bonis non of the estate of David L., late of the City of Philadelphia, deceased, respectfully represents : That the personal estate of the said decedent is insufficient for the payment of his debts, as by the schedules marked "A" and " B" and hereto annexed will appear. That no personal estate beyond that set forth in the said schedule marked " A" has come to th« hands or knowledge of the said petitioner. That the said de- cedent died seized in his demesne as of fee of and in all that certain three story brick messuage or tenement and lot or piece of ground thereunto belonging, situate on the East side of Dela- ware Fourth Street between Lombard and Gaskill Streets in the said City of Philadelphia, beginning at the distance of sixteen feet southvpard from the South side of the said Lombard Street, and containing in breadth North and South sixteen feet, and in length or depth East, and West about fifty-three feet, bounded Northward by ground now or late of John G., Eastward by ground now or late of Joseph 0., Southward by ground now or late of George E., and Westward by Fourth Street aforesaid (being the same premises which Patrick H. and Elizabeth his wife, by inden^ 672 ORPHANS COURTS. ture bearing date the thirtieth day of July, one thousand eight hundred and forty, recorded in Deed Book G. S., No. 18, page 223, &c., granted and conveyed unto the said David L. in fee, subject to the payment of a certain yearly groucd-rent or sum of thirty dollars and eighty-four ninetieths of a dollar, being an appor- tioned yearly ground-rent, unto Gunning B., his heirs and assigns, in yearly payments on the eighteenth day of December, for ever]. And that the said petitioner tas no knowledge of any other real estate belonging to the estate of the said decedent. Your petitioner therefore prays your Honorable Court for an order authorizing him to make sale of the premises above described, situate in the City of Philadelphia, for the purpose of paying the debts of the said decedent. County of Philadelphia, ss. William L., the above-named petitioner, being duly affirmed according to law, doth depose and say that the statements made in the above petition are just and true, and that the inventory and appraisement of the personal estate of the said decedent, and the accounts of his debts which have come to the knowledge of the said petitioner, which are hereunto apn^xed, are just and true, to the best of his knowledge and belief. Affirmed and subscribed before me, the \ twenty-first day of January, A. D. 1853. / W. L. SCHEDULE A. A true and perfect inventory and consciohable appraisement of all the p»rsonal estate whatsoever of the decedent. One Mahogany Piano One do Pier Table One do Sofa . Six do Chairs (jne Time-piece . Chamber Furniture Kitchen Furniture Looking-Glass . Sundry small articles, Books, &c. $100.00 10.00 10.00 12.00 5.00 25.00 ■ 15.00 10.00 25.00 $212.00 SCHEDULE B. A just and true account of all the debts of the decedent which have come to the knowledge of your petitioner. Amount of Bond secured by Mortgage of the premises in. the foregoing petition described . . . $1000.00 Interest on said Bond and Mortgage, unpaid and due from April 8th, 1852 Arrears of the Ground-Rent, mentioned in the foregoing petition, since December 18th, 1851 orphans' coukts. 673 Estate of David L., deceased. Report of Sale to the Orfhans' Oourt. To the Orphans' Court of the County of Philadelphia. The petition of William L., administrator de bonis non of the estate of David L., deceased, respectfully represents : That under and by virtue of the annexed order of sale, issuing out of the said Court, having first given due and timely public notice ^By hand- bills and advertisements, during at least twenty days, he did, on Wednesday, the sixteenth day of February, 1853, at the Phila- delphia Exchange, in the City of Philadelphia, at half-past seven o'clock in the evening, expose the real estate, in the said order more fully described, to public sale at auction for cash, whereupon Hermann J. became the purchaser for the price or sum of two thousand two hundred and fifty dollars, he being the highest and best bidder, and that the highest and best price bidden for the same. Whereupon the petitioner prays that the sale so made may be con- firmed by the Court. (Signed) W. L. County of Philadelphia, «». The said William L., being duly affirmed according t' law, says that the statements made in the foregoing petition are true, to the best of his knowledge and belief. (Signed) W. L. Affirmed and subscribed before me, this "1 eighteenth day of February, A. D. 1853. j (Signed) W. J. J., ])ep. Cl'k 0. 0. An Auditor's Report on a Trustees' Account. To the Honorable the Judges of the Orphans' Court for the County of Philadelphia. In the matter of the Estate of M. W., deceased. The Auditor appointed to audit, settle, and adjust the account cf J. W. and F. W., trustees under the will of M. W., deceased, and to report distribution of the balance in the hands of the said accountants, respectfully reports : That having been duly qualified, and having advertised the time and place of meeting (in conformity with the rule of Court) by notices in five alternate numbers of the North American, and in two successive numbers of the Legal Intelligencer, he was attended at his office, No. Arch Street, in the City of Philadelphia, on Tuesday, January 20, 1852, at 4 o'clock P. M., by Doctor F. W., one of the said trustees. The account of the said trustees having been duly examined and vouched, were passed by the auditor. By the last will and testament of the said M. W., the testatrix, it is declared as follows, viz. : I give devise, and bequeath, [here insert the provisions of the will in relation to the estate of these minors.] The said testatrix then appoints the said F. W. and the saii J. 43 574 • orphans' courts. W. executors of the said wiU, giving them full power of sale of real estate, &c. It was in evith day of May, 1852, and that access can be had thereto in the mean time at my office, No. Arch Street. ' E. H., April 26, 1852. Auditor. To F. W., M. D., one of the said executors. 1 accept service of the above notice. (Signed) F. W. April 26, 1852. orphans' cotjkts. 677 In the matter of the Account of J. W. and F. W., executors of the last will and testament of M. W. decea,sed. We, the undersigned, having examined the said account and having also examined the report of E. H., the Auditor appointed by the Orphans' Court to audit, settle, and adjust the said account, and to rep'ort distribution of the balance in the hands of the said accountants, do hereby acknowledge and declare that we believe the said account and report to be correct, and we desire tha abs» lute confirmation thereof by the said Court without further pro- ceedings thereon. (Signed) (Copy) fE. A. H. J. W. P. W. J. W. W. A. M. W. H. C. W. C. W. Auditor's Report on an Administration Account. To the Honorable the Judges of the Orphans' Court of the County of Philadelphia. The Auditor appointed by the said Court to audit, settle, and adjust the account of E. H., administratrix of the estate of P. H., deceased, and to report distribution of the balance in the hands of the said administratrix, respectfully reports : That having been duly qualified, and having given due public notice of the time and place of meeting according to law and the rules of Court, by advertisements made twice successively in the Legal Intelligencer, and by similar advertisements inserted every other day five times in the Daily Register, a daily newspaper pub- lished in the City of Philadelphia, he proceeded to the discharge of the duties of his appointment, at the time and place in said Qotice mentioned, and on the several days to which the meetings were adjourned, and was attended by J. C. M., Esquire, counsel for the accountant. The account (a certified copy of which is hereto annexed) was vouched, and the credits claimed by the accountant were found to correspond with the vouchers produced by her. The balance ih hand at the clbse of the administratrix's account is . . . . . $3686.60 Deduct expenses of audit, to wit, Paid Clerk of Orphans' Court for certifi- cate and certified copy of account, and for filing report .... $ 8.63 Advertisements 4.25 Auditor's fee 30.00 $42.88 $3643.72 678 orphans' cduets. By the accompanying evidence it, was proved to, the satisfaction of the Auditor, that the decedent died intestate, leaving no widow ; but issue, one child, to , wit, E. H., the said accountant. No claims for debts of any kind were presented or made before your Auditor, and, according to the Intestfite Laws of P.ennsylvania, the said E. H., as the only child of the decedent, being entitled to the said balancej the Auditor awards the same, to wit, the sum of three thousand six hundred and forty-three dollars and seventy- two cents ,(3643.72) to her accordingly. All of which is respectfully submitted by E. H., Auditor. City and County of Philadelphia, ss. J. C. M., being duly affirmed according to law, doth depose and say that he was accLuainted with the decedent, the said P. H., and has for many years been familiar with .his family relations: that he believes the said decedent died intestate, leaving no widow, but leaving issue, one child, E. H., who is the administra,trix of the estate of the said decedent, there being no other child of the said decedent, nor issue of any deceased child or children. Affirn^ed and subscribed before me, the 1st day of December, A. D. 1853. E. H., Auditor. Notice of filing Report. To J. C. M., Esq., eounsel for E. H., administratrix of the estate of P. H., deceased. Please to take notice that the Auditor's Report in the matter of the account of the said administratrix, will be filed on Priday, the 16th day of December, A. D. 1853, until which time it may be seen at his office, No. Arch Street. Respectfully, &c., Philadelphia, Dec. 1st, 1853. E. H., Auditor. I acknowledge to have received notice as above. Report of an Auditor on an Account and Distribution of an Estate where a large amount of Stocks remained in the hands of the Executor or Administrator. • To the Honorable the Judges of the Orphans' Court for the City and County of Philadelphia. The Auditor appointed, as appears by the certificate annexed, marked Exhibit (A.), to audit, settle, and adjust the account of S. E., administrator [or as the case may be] of the estate of A. D. E., deceased, and to report distribution of the balance in his hands, respectfully reports : That having been sworn [or affirmed^ to perform his duties with fidelity, he gave notice of his appointment, and of the time and lalaco of meeting the parties interested by advertisement twice orphans' courts. 679 successively in the Legal' Intelligencer [or as the case may 6e,J a paper published in the city of Philadelphia, and also five times iu the Philadelphia Daily Times, a daily newspaper published in said city, copies of which advertisement are hereto annexed, marked exhibit (C), agreeablyto the rule of Court in such cases provided. The Auditor was attended at said time and place, and subse- quent meeting by S. H. Esq., who appeared for S. E. as account- ant, as well as a distributee. The accountant was also present at one of the meetings. Mr. H. also appeared for W. E., J. E., and A. M., wife of W. M., distributees. A certified copy of the account in question is hereto annexed, marked (B). The credit of $386.25, amount of W. W.'s note, it is agreed by the administrator may be struck out and he charged with the same, as said debt is good and will be realized, and as by the charging him with the amount the necessity of filing a future account is obviated. From the nature of the case, no receipt or voucher was pro- duced by the accountant for the iteta of $250, travelling expenses incurred by him in the trips from New Orleans (the residence of the administrator) to Philadelphia and Louisville in reference to the interest of the estate. The decedent died in Philadelphia, owning real estate and bank stock in Kentucky, and upon ex- amining the account as to these visits and the circumstances at- tending the same, the Auditor allows the credit in question. In the account filed, credit is claimed for $24,200, the appraised value of certain investments of the decedent in bank stock. As distribution is to be made of these with the cash balance, the same is struck out of the credit side of the account, and the administra- tor charged with the same. The several other items of credit in said account have been duly vouched and established to the satisfaction of the Auditor, by the production before him of the receipts and vouchers therefor. The administrator has omitted to ask credit in the account for the sum of $9.69, paid the Register of Wills upon filing his ac- count. Credit is therefore allowed for this amount. - The credit side of the account, corrected in accordance with the above suggestions, is therefore reported at the sum of $3886.17, leaving a balance in the hands of the administrator of assets as aforesaid of $36,905.41. Mr, A. D. E., the decedent, died in this city in the month of June, A. D. 1855, intestate, unmarried, and without issue, leaving surviving him, as his heirs and next of kin, two brothers and two sisters, viz. : Rev. W. E., of Donegal, ik Ireland. S. E,, the administrator, of New Orleans. Isabella E., of Glasgow, in Scotland. A. M., wife of W. M., of Glasgow, Scotland, and probably two nephews. 680 orphans' cocrts. ■ Dr. W. P. E., and R. B., children of Major J. E.,, deceased, who was a brother of decedent. The latter were heard from in India between six and seven years ago. The administrator has written to Calcutta to obtain intelligence of the parties. The other parties in interest suggest and request that one fifth of the estate should be reported to these nephews or their legal representatives, the same to await in the hands of the administrator till receipt of intfilligence from India respecting them. Mr. H., on behalf of the brothers and sisters of decedient, has taken the ground that this estate is not subject to the collateral inheritance tax, ehargeabk upon the estate of ^-v— ^ One-half of bill of $12. mentioned above, 6.00 $277.08 $568.78 Share of R. M. R. One-fourth of $8386.68, $846.66 Prom which is to be deducted amount allowed by the Court, Nov. 21, 1849, , . $169.21 'Shoe bill, mentioned above, . . 8.93 ^-r"*'"^ One-third of bill for mending shoes, . 1.43 One-half of bill of $12, mentioned above, 6.00 $185.57 $661.09 Share of 0. C. R. One-fourth of $3386.63, .....' $846.66 From which is to be deducted amount allowed by the Court, Nov. 21, 1849, . . $175.03 Shoe bill, mentioned above, . . . 8.00 One-third of bill for mending shoes, . 1.48 $184,46 $662.20 The Auditor, therefore, makes _the following distribution, and awards as follows : To W. T., the amount of shoe bills (not included in the account filed,) divided and charged'to the minors respectively, as above, making in all the sum of $ 36.98 To T. J. R., to be held by his guardian, , . 637.2§ «' V. L. R., to be held by her -guardian, . . 568.78 " R. M. R.j to be held by her guardian, . . 661.09 " C. C. R., to be held by her guardian, . . 662.20 (Amount stated for distribution above,) . . $2566.28 Hereafter the account of the said minors should be kept sepa- rately, the guardian taking care to charge the expenses incurred for each to his or her respective share. Respectfully submitted, E. H., Auditor. Acceptance of Service of Notice of the filing Report, ^a. We, the undersigned, hereby acknowledge to have received notice that the foregoing Report will be filed on Friday, the 17th day of March, 1854. We further declare that we have no excep- tions to file to the same, and desire that the said Report may be absolutely confirmed by the Court. > Philadelphia, March 3, 1854. BEGISTERS' COURTS. 685 FORMS IN A CASE FOR TRYING THE VALIDITY OF A WILL, WHERE IT IS ALLEGED THAT THE TESTATOR WAS NOT OF SOCND MIND AT THE TIME SAID INSTRUMENT WAS EXECUTED. 1. Entry in Megister's Court Docket. m ■ In the matter of the Estate of C. D., deceased. April ISth, A. D. 1846, will and codicil £|,dmitted to probate, and letters testamentary granted thereon. April 7th, A. D. 1847, an appeal filed by J. P. B., Jr., from the decision of the Register in admitting said will and codicil to probate^ April lOth^ 1847, at a Register's Court held, present. Judges K., and P., and B., Register. E. K. P. and E. D. I. for J. P. B., Jr. ; P. McC. and G. M. for Executors. Application was made by E. K. P. for an issue to Court of Com- mon Pleas to try the validity of the wiU, alleging that the said C. D. was not of sound mind at the making of said will and codicils. The case was argued, and the Court appointed J. A. C. to take testimony in the matter. May 8th, 1847, at a Register's Court held, present. Judges K., and P., and B., Register. The testimony taken m the above matter was rea^d, and the case held under advisement. May 22d, at a Register's Court held, present, Judges K. and P., and B., Register. 'She Court ordered an issue (to try the validity of the paper writing purporting to be the last will and testament of deceased) directed to the Court of Common Pleas. May 26th, the will and issue deposited in the Court of Common Pleas. J. A., P. B., and A. E. B. "j In the Court of Common Pleas for vs. > the County of , of J. P. B., Jr. j Term, 18—, No. — , In the matter of the estate of C. D., deceased. •J Feigned issue to try the validity of. will of C. D., deceased, filed May 26th, 1847. May 31st, 1847, interrogatories filed by plaintifi". December 4th, 1847, narr. and plea filed; eo die, replication filedT June 15th, 1848, rule to take depositions of going witnesses, on 48 hours' notice, on motion of E. K. P. April 10th, 1848, on motion of plamtiffs' counsel, rule granted to take depositions of witnesses de bene esse, on 48 hours' notice to defendant's counsel. October 28th, 1848, plaintiff enters a rule to take depositions on 48 hours' notice, sec. regulam. November 14th, 1848, the Court, on motion 686 KESISTERS' COURTS. of (i. M., Attorney of plaintiffs, grant a rule to take the deposi- tions of witnesses on 48 hours' notice. Fehruary 15th, 1849, a jury being called, come, to -wit, G. W., J. B., W, I)., &c., who be- ing duly impannelled, sworn or affirmed sec. leg., say they find for the plaintiffs. Certified from the record, February 16th, 1849. E. W. D., Prothmiotari/. 2. Appeal from Decree of the Register to Register's Qotlurt. In the matter of the alleged will and testament of C. D., admitted to probate April 15th, 1846. J. P. B., Jr., a nephew of the deceased, and only next of kin in the United States, hereby enters an appeal to the Register's Court for the County of ^ — ■ from the decision or decree of the Register of said county, admitting said alleged last will and testament and the several codicils thereto to probate, and the granting of letters testamentary thereupon to the persons therein named as Executors; and requests that a Register's Court maybe convened for the hear- ing of said appeal as soon as conveniently practicable. J. P. B., Jr. Filed, April 7th, 1847. 3. Request for an Issue in the Court of Common Pleas. In the Register's Court for the County of . And now, April 10th, 1847, J. P. B., Jr., a nephew, and only next of kin and heir-at-law of C. D., late of , deceased, appears, and, by E. K, P., his counsel, declares and says, that the paper writings exhibited and purporting to be the last will and testament of the said decedent, and codicils thereunto, bearing dates respec- tively the fourth day of October, A. D. one thousand eight hundred and forty-five, the tenth day of November, A. D. one thousand eight hundred and forty-five, and the fifteenth day of November, A. D. one thousand eight hundred and forty-five, and admitted to probate by the Register of Wills on the fifteenth day of April, A. D. one thousand eight hundred and forty-siX, are not the "last will and testament and codicils thereto of said decedent ; and he requests that an issue maybe sent unto the Court of Common Pleas of the County of , to try the fact. E. K. P. April 10th, 1847. registers' courts. 687 4. Affidavit on an Appeal from the Register's Court to the Court of Common Pleas. In the matter of the alleged last will and testament of 0. D., deceased. J. P. B., Jr., being duly sworn, [or affirmed,'] doth depose and say, that he is a nephew of the said C. D., deceased ; that as such he is next of kin and heir at law of said deceased ; that he was a resident in France when said alleged will was admitted to probate, and did not for a long time know of its contents, and hath come to the United States but recently to ascertain and assert in behalf of himself and other next of kin and heirs, their legal rights as such ; and being informed, and having good reason to believe, and verily believing that the said decedent was not of a sound and disposing mind, com- petent in law to make a valid will and testament, and the codicils thereto, he hath taken an appeal to the Register's Court, with a view that said Court shall at his request direct a precept for an issue to the Court of Common Pleas of the County of , to try the validity of said will, or alleged will and testament, with its codicils severally dated the fourth day of October, A. D. one thousand eight hundred and forty-five; the tenth day of November, A. D. one thousand eight hundred and forty-five, and the fifteenth day of No- vember, A. D. one thousand eight hundred and forty-five ; and ad- mitted to probate by the Register on the fifteenth day of April, A. D. one thousand eight hundred and forty-six ; for which purpose he hath deputed and constituted as his counsel, E. K. P., whose acts and doings in the premises shall be binding upon him, as if by him per- sonally done. J. P. B., Jr. Sworn and subscribed before me, this 8th day of April, A. D. 1847. ^ 3.3., Alderman, For Form of Precept of Register to the Court of Common Pleas, directing an issue, see Act of 15tli Maicli, 1832, (Pamph. L. 135, &c.) 5. Declaration or Narr. in a case {being a feigned issue) to try the validity of a Willy where it is alleged that decedent was not of sound mind at the time of making said Will and Codicils. ] In the Court of Common Pleas for the County of -, No. , of Term, A. D. 1 8—. County of • J. P. B., Jr., late of the said County, Yeoman, was attached to an- swer J. A., P..B., and A. E. B._, of a plea of trespass on the case, &e., and thereupon the said plaintifis, by P. McO. and G. M., their attorneys, complain, that whereas on the first day of March, in the 688 KEGISTEES' COURTS. year of our Lord one thousand eight hundred and forty-seven, at the County aforesaid, a certain discourse was had and moved by and between the said plaintiffs and the said defendant, of and con- cerning a certain instrument of writing, purporting to be the last will and testament of C. D., late of the Cfounty aforesaid, deceased,, upon which said discourse the said plaintiffs did then and there affirm that the said instruinent of vrriting was the last will and tes- tament of the said C. D., deceased, which said affirmation of the said plaintiffs the said defendant did then and there deny; and thereupon the said deponent afterward, to wit, the day and year aforesaid, at the county aforesaid, in consideration that the said plaintiffs, at the special instance and request of the said defendant, had paid to, the said defendant the sum of thirty dollars, upon him- self did assume and tluen and there faithfully promised the said plaintiffs to pay them the sum of thirty dollars if the said instru- ment of writing was the last will and testament of the said C. D., deceased : And the said plaintiffs aver that the said instrument, of writing on the day and year aforesaid was the last will and testa- ment of the said 0. D., deceased, to wit, at the County aforesaid, whereof the said defendant then and there had notice. And whereas also afterward, to wit, on the day and year afore^ said, at the County aforesaid, a certain other discourse was had and moved by and between the said plaintiffs and the said defendant of and concerning a certain other instrument of writing purporting to be a codicil to the last will and testament of the said C. 1)., which said instrument of writing purporting to be a codicil as afore- said, bears date the tenth day of November, A. D. one thousand eight hundred and forty-five, upon which said discourse the said plaintiffs did then and there affirm that the said instrument of writing was a codicil to the last will and testament of the said CD., deceased, which said affirmation of the said plaintiffs the said defendant did then and there deny. And thereupon the said de- fendant afterward, to wit, on the day and year first aforesaid, at the County aforesaid, in consideration that the said plaintiffs at the special instance and request of the said defendant, had paid to the said defendant other thirty dollars, upon himself did assume and then and there faithfully promised the said plaintiffs to pay them the said sum of thirty dollars in this count mentioned, if the said instrument of writing was a codicil to the last will and testament of the said C. D., deceased ; and the said plaintiffs aver that the said instrument of writing in this count mentioned, on the day and year first aforesaid, was a codicil to the last will and testament of the said C, D., deceased, to wit, at the County aforesaid, whereof the said defendant then and there had notice. And whereas also afterward, to wit, on the day and year first aforesaid, at the County aforesaid, a certain other discourse was had and moved by and between the said plaintiffs and the said de- KEGISTEKS COURTS. fendant, of aud concerning a certain other instrument of writing purporting to be a codicil to the last will and testament of the said C. D., which said instrument of writing, purporting to be a codicil as aforesaid, bears date the fifteenth day of November, A. D. one thousand eight hundred and forty-five, upon which said discourse the said plaintiffs did then and there affirm that the said instrument of writing, in this count mentioned, was a, codicil to the last will and testament of the said 0. D., deceased, which said affirmation of the said plaintifis the said defendant did then and there deny. And thereupon the said defendant afterward, to wit, on the day and year first aforesaid, at the County aforesaid, in consideration that the said plaintiffs, at the special instance and request of the said defendant, had paid to the said defendant other thirty dollars, upon himself did assume and then and there faithfully promised the said plaintiifs to pay them the said sum of money in this count mentioned, if the said instrument of writing, purporting to be a codicil as aforesaid, and bearing date the fifteenth day of Novem- ber, A. D. one thousand eight hundred and forty-five, was a codicil of the last will and testament of the said C. D., deceased; and the said plaintiffs aver that the said instrument of writing, in this count mentioned, on the day and year first aforesaid, was a codicil to the last wiU and testament of the said C. D., deceased, to wit, at the County aforesaid, of which the said defendant then and there had notice. Nevertheless, the said defendant, his promises and undertakings aforesaid not regarding, but contri'sing to deceive the said plaintiffs in this behalf, hath not yet paid to the said plaintiffs the said several sums of money, or any part thereof, although the said defendant afterward, to wit, on the day and year first aforesaid, at the County aioresaid, and often afterward, was requested by the said plaintiffs so to do, but the same to pay to them has hitherto whjUy refused, and still doth refuse, to the damage of the plaintiffs of one hundred dollars, and therefore they bring suit, &c. 6. Plea to Narr. or Declaration in a ease [being a feigned issue) to try the validity of a Will, as in the preceding Declaration. ■' * fin the Common Pleas for the County of , J. P. B., Jr. j ^°- — ' °f ^^™' 1^*^- And the said defendant, by E. D. I., his attorney, comes and defends the force and injury, when, &c., and says as to the 'first count in the said declaration, that well and true it is that he the said defendant upon himself did assume in manner and form as the said plaintiffs against him have declared ; but that defendant fur- ther saith, that the said plaintiffs their action aforesaid against him ought not to have or maintain, because he saith that the said instru- ment of writing in the said declaration mentioned, purporting to be 44 600 registers' courts, the last will and testament of 0. D., deceased, is not tie last will and testament of the said C. D., as by the said declaration is sup- posed, and of this he puts himself upon the country. And as to the second count in the said declaration the defendant says, that well and true it is that he did assume upon himself in manner and form as the said plaintiffs against him in this count have declared ; but the defendant further saith, that the said plain- tiffs theiff action aforesaid against him ought not to have or main- tain, because he saith that the said instrument of writing purporting to be a codicil of the last will and testament of C. D., deceased, in this count mentioned, is not a codicil to the last will and testament of the said C. D., as by this count of the said declaration is sup- posed, and of this he puts himself upon the country. And as to the third count in the said declaration the defendant says, that well and true it is that he did assume upon himself in manner and form as the said plaintiffs against him in this count have declared ; but the said defendant further saith, that the said plaintiffs their action aforesaid against him ought not to have or main- tain, because he saith that the instrument of Writing in this count mentioned, purporting to be a codicil to the last will and testament of the said C. D., is not a codicil to the last will and testament of the said C. D., deceased, as by this count of the said declaration ia supposed, and of this he puts himself upon the country. E. D. I., Attorney for Defendant. 1. Replication to Plea in Feigned Issue. And, as to the said several pleas of the said defendant, the said plaintiffs do the like. McC. &. M., Attorneys for Plaintiffs. 8. Certificate from the Record of the Court of Common Pleas to Register. J. A., P. B., and A. B. \ In the Court of Common Pleas for the vs. y County of , of June Term, J. P. B., Jr. j 1847, No. — . Feigned issue to try validity of will of C. D., deceased. Filed May 26th, 1847. May 31st, 1847, interrogatories filed by plaintiffs. December 4th, 1847, narr. and plea filed ; eo die, repli- ^ cation filed. January 15th, 1848, rule to take deposi- tions of going witnesses on 48 hours' notice, on motion of B. K. P. April 10th, 1848, on motion of plain- tiffs' counsel, rule granted to take depositions of witnesses de bene esse, on 48 hours' notice to defendant's counsel. October 28th, 18 i8, plaintiffs enter a rule to take depositions on 48 hours' PARTITION IN COMMON LAW COURTS. 691 notice, see. regulam. , November 14th, 1848, the Court, on motion of G. M., Attorney for plaintiffs, grant a rule to take the deposi- tions of witnesses on 48 hours' notice. February 15th, 1849, a jury being_ called, come, to wit, G. W., J. B., W. D., &c., who being duly impannelled and sworn or aflSrmed sec. leg., say they find for the plaintiffs. Certified from the record, February 16th, 1849. E. W. D., Prothonotary. PARTITION IX COMMON LAW COURTS. In Pennsylvania there are two common* modes of compelling a partition of lands. Ist. By bill or petition in the Orphans' Court of the proper county, on the part of the widow or children of decedent. 2d. By common law proceeding, by writ de par- titione facimda. Partition and pleadings in the Common Pleas and District Courts are in some cases founded on the principles of the common law, sometimes «n statutes and sometimes on deeds of the parties concerned, independently of the forms of procedure. In whichever way partition or division of the lands is effected, each party takes a distinct part in severalty. Troub. & Haly, vol. ii. p. 212. In this, as in other actions, a precipe is given to the Prothonotary (for form of which, see article Precipe,) which, after stating the names of the proper demand- ants and defendants, directs him to issue a summons in, or writ of, partition, and describes the premises' of which partition is demanded, and of which the plaintiff complains that the defendant denies partition to be made according to the laws and customs of the commonwealth. The writ being tested, signed, and sealed like other process, is delivered to the Sheriff for service. lb. vol. ii. p. 215. When the lands lie in more than one county, service of the writ must be made by the Sheriff of the county where the action is brought. Sec. 30, Act 16th June, 1836. After service and declaration filed, if there is no defe..je, and the defendants are desirous, as is usually the case, that partition should be made, a confession of judgment is filed, as in form No. 2, p. 694. If judgment be not confessed, the first section of the Act of 1807 directs that upon appearance of the parties, or upon default being made, the Court shall pro- ceed to examine the plaintiff's title and quantity of his part or purpart, and ac- cording as they shall find his right or purpart to be they shall give judgment, which is quod partitio fiat, and, when reduced to form, is similar to the command in the writ of partition. The demandant, however, can only have a summary judgment when the defendant a'grees to it, or makes default. If the defendant appears and insists on his right to plead, the demandant must proceed regularly by declaration, &o. 1 Miles, 61. When the defendant appears and pleads, and the facts in relation to the interest in the plaintiff, or possession, are disputed, the Court generally directs an issue, and these are settled by a jury. If, however, there is no defence, the entry is usually made according to the provisions of the Acts of Assembly, and defendants having appeared, and havingno defence against the plaintiff's demand (or agreeing thereto, as the case maybe) the Court proceed to examine the title and quantity of the parts and purparts of the respective de- fendants as well as of the plaintiffs. Whereupon it is considered by the Court that the said title or purparts are as stated and set forth in plaintiff's declaration, and is ordered on motion, that judgment be entered for the plaintiff, and a writ is * In some of the Counties of Pennsylvania, proceedings for partition may be had by Ibill ill Eouity. For form see p. 363. 692 * PARTITION IN COMMON LAW COURTS. awarded to make partition, whereby such purparts shall be set out in severa ty This is called the first judgment, in contradistinction to the second judgment, which is stabilis in perpetuam teneatur, that the partition be and remain tirm and stable for ever. See 2 Troub. & Haly's Prac. 215, 218, 219, &e. After the entry of judgment quod partiiio fiat, either by default, or by agreement after appearance, or after trial in due course of law, the Court will then award a Writ to make partition, called a breve de partitione facienda, (which should state whether the judgment was by default, confession, or upon verdict after non tenent insimul pleaded,) whereby such proportion or purpart shall be set out in severalty. Upon receiving the writ of partition, the Sheriff executes it after due and legal notice of tiie inquisition served on all the patties resident, or, if the parties reside out of the county, by publication in the newspapers, as by Act of Assembly and direction of the Court. The Sheriff takes with him twelve men of his bailiwick for the purpose of making partition, who generally convene at some place near the premises which they are to view. [For form of Oath of Inquest in Common Pleas, see p. 75.] Such of the parties as choose to attend are heard, their statements being made personally or by counsel, and plots or drafts of the premises and the prcfposed partition are ex- hibited, when required, to aid the jury iu; their finding. Where the inquest cannot make partition so as to equalize the value of the shares, they are empowered by the 5th section of the Act of 1807, to equalize the purparts by valuing them respectively, and to award that any one or more shares sha,ll be subject to .tibi» payment of such sum as shall be equal, to the difference in value of any other share or shares, and to return the same with their inquest. The sum or sums so awarded, when final judgment is rendered, are made a lien on the lands or tenements which shall have been determined by the inquest to be liable therefor. When the lands cannot be divided, a valuation thereof must be made. See Acts of Assembly, Troub. & Haly's Practice, Miller on Partition, and Decisions of Su- preme Court. When the inquest find that the lands can be divided without prejudice to the parties, their return to the writ, being the evidence of the respective titles to the purparts, is formally engrossed on paper, or more generally parchment, and specifies with exactness the different shares, to whom allotted, and to what pay- ments, if any, they are subjected in favor of the other heirs, so as to equalize the division. This return being exhibited to the Court, under the seals of the Sheriff and Jury, if approved, is confirmed. The ord^ is then endorsed by the Pro- thonotary on the return, which is, that the partition be and remain firm and stable for ever. 1. Form of Declaration or Narr, in Partition. I In the District Court for the City and County of I Philadelphia, No. — , of' — Term, A. D. 18—. County, ss. E. H., A. H,, H. P. H., J. H., and R. P. H., minors under the age of fourteen years, by their Guardian S. C. H., of said county, were summoned to answer T. H. C. and S. C. of a plea wherefore, whereas the plaintiffs and the said defendants together and undi- Tided do hold the following described tenements with the appurte- nances, situated in the County of -, that is to say : No. 1. All that certain messuage, piece or parcel of land situated, &c., [here fully describe the same.] PARTITION IN COMMON LAW COURTS. 693 No. 2. All that certain messuage, piece or parcel of land situated, &c., [here describe the same.] No. 3. Also, all that certain messuage, piece or parcel of land situated, &c., [here describe the same J with the appurtenances, they the said defendants, partition thereof, between them, accord- ing to the laws and customs of this commonwealth and the statutes in such cases made and provided, deny, and unjufetly permit not the same to be done, contrary to the laws and customs and to the statutes aforesaid. And thereupon the said plaintiffs, by S. H., their Attorney, say that whereas the said plaintiffs and the said defendants together and undivided do hold the tenements afore- said, with the appurtenances, whereof one equal part out of three equal parts, the -^ole into three equal parts to be divided, to him the said plaintiff T. H. C, and his heirs it pertaineth to have : and one other equal part out of the said three equal parts to the said S. C, the other plaintiff, and his heirs, it pertaineth to have : and the said other equal part, to wit, the whole of the said remaining part of the said three equal parts to the said defendants, E. H., A. H., H. P. H., J. H., and R. P. H., them and their heirs, it pertaineth to have : that is to say, of the whole of the said remaining last-mentioned part, one equal fifth part thereof into five equal parts to be divided, to the said E. H. and her heirs it pertaineth to have ; and one other equal fifth part thereof into five equal parts to be divided, to the said A. H. and her heirs it pertaineth to have ; and one other equal fifth part of the same into five equal parts to be divided, to the said H. P. H. and her heirs it pertaineth to have; and one other equal fifth part thereof iuto five equal parts to be divided, to the said J. H. and his heirs it pertaineth to have ; and one other equal fifth part of the same into five equal parts to be divided, to the said R. P. H. and his heirs it pertaineth to have : to hold to them the said several parties respectively as aforesaid in severalty, 60 that they the said plaintiffs and the said defendants, of the respective parts or purparts to them belonging and pertaining, of the lands and tenements and premises aforesaid, with the appur- tenances, may severally apportion themselves, they the said de- fendants deny that partition be made between them according to the laws and customs of this commonwealth, and the statutes in such case made and provided, and unjustly permit nOt the same to be done, contrary to the laws and customs and the statutes afore- said. Whereupon the said plaintiffs say that they are injured, and have been damaged to the value of one thousand dollars, and therefore they bring suit, &c. S. H., Attorney for Plaintiffs. 694 PABTITION IN COMMOS LAW C5DBTS. 2. I'orm of Plea of Confession of GfuarHan. T. H. 0. and S. 0. vs. E. H., A. H., H. P. H., J. H., andR. P. H., mi- nors under the age of fourteen ^ears, by S. C. H., their Guardian. In the District Court of the City and County of Philadelphia, No. — , of Term, A. X>. 18—. And the said E. H., A. H., H. P. H., J. H., and E. P. H., minors under the age of fourteen years, by their Guardian, S. C. H., come and defend the wrong and injury, sc, and say that they can- not deny the aforesaid action of the said T. H.'C. and S. C, nor but that partition ought to be made between them and the said 1. H. C. and S. C. of the tenements aforesaid, with the appurte- nances, in form aforesaid ; and they freely consent that partition thereof be made between them, &c. S. C. H., Cruardian. June — , A. D. 18—. > 3. Petition of Cruardian, suggesting Death of one of his Wards, and naming the Heirs to said Ward's Estate, and asking that the record may be amended accordingly. T. H. C. and S. C, ^ In the District Court of the City and County of Philadelphia, No. — , of — Term, A. D. 18—. vs. E. H., A. H., H. P. H., J. H., and R. P. H., mi- nors under the age of fourteen years, by S. C. H., their Guardian. To the Honorable the Judges of the District Court for the City and County of Philadelphia. The petition of S. C. H., Guardian above named, respectfully represents : That on morning, of the — • day of , A. D. 18 — , before judgment of partition was entered on that day by order of your honorable Court in the above casej-R. P. H., one of the defendants above named, of the age of about years, . departed this life, in County, in this Commonwealth ; that his death was not" known to your petitioner until after the said judg- ment had been entered as aforesaid ; that on th3 death of the said R. P. H., his share of and interest and estat; in the several pro- perties, in the writ of summons and declaration in this case men- tioned and described, descended, as your petitioner is advised and believes, to E. G. H., the mother of deceased, to be enjoyed by her during her natural life, -and that, subject to the said life-estate of the said E. G. H., the same descended to and was vested in the sur- viving sisters and brother of the said R. P. H. in fee ; that the only surviving sisters and brother of the said deceased are E. H., A. H., PARTITION IN COMMON LAW COURTS. 695 H. P. H., and J. H., the other and surviving defendants in this case. Your petitioner therefore prays that the facts suggested in this petition may be entered of record in this cause, and that such amendments be made in said record as shall be in accordance with the said suggestions, and as right and justice may require, and that E. Gr. H. be made a party defendant ; and your petitioner will ever pray, &c. S. 0. H., Guardian. 4. Form for Amendment of Declaration, hy leave of Court. )In the District Court of the City and County of Philadelphia, No. — , of Term, A. D. 18-. Amendment of declaration allowed by the Court, 10th, A. D. 18—. And whereas, afterward, viz. on the day of , A. D. 18 — , after the commencement of this suit and the filing of the said declaration, one of the said defendants, R. P. H., in said writ and declaration mentioned, departed this life, whereby his estate, share, and interest in the said premises and tenements de- scended to and became vested in his mother E. G. H., to be eiyoyed by her during her life, with remainder to the surviving sisters and brother of said deceased, in fee, viz. the other defendants, E. H., A. H., H. P. H., and J. H., (she, the said mother, and the said sisters and brother of deceased being his true and only lawful heirs ;) by means whereof the one equal fifth part of the one equal third part of the said premises and tenements, in said declaration mentioned as having pertained to the said R. P. H. and his heirs, to have, now, since the death of the said R. P. H., to the said E. G. H., for and during the term of her natural life, and from and after the death of the said E. G. H., to the said E. H., A. H., H. P. H., and J. H., and their heirs, as tenants in common, it per- taineth to have. S. H., Attorney for Plaintiffs. 5, Form of Plea of Confession of Guardian to Amended Declaration. T. H. C. and S. C. vs. E. H., A. H., H. P. H., J. H., and R. P. H., mi- nors under the age of fourteen years, by S. C. H., their Guardian. And the said S. C. H., Guardian as aforesaid, pleads to the de- In the District Court for the City and County of Philadelphia, No. — , of Term, A. D. 18—. 696 , PARTITION IN COJIMON LAW COUKTS. clariition as amended as aforesaid, and comes and defends the wrong and injury when, &c., and says that he cannot deny the aforesaid action of the said T. H. 0. and S. C, nor but that par- tition ought to be made between the defendants and the said T. H. 0. and S. C, of the tenements aforesaid, with the appurte- nances, in form aforesaid ; and he freely consents that partition thereof be made between them, &c. S. C. H., Cruardian. 6. Form of Plea of Oonfesmn of the Mother of the Minor Children, defendants, and who inherits a life-estate in the Estate of one of taid Minors, recently deceased. T H. C. andS.O. vs. B. H., A.. H., H. P. H., J. H and R. P. H., mi- nors under the age of fourteen years, by S. C. H., their Guardian. In the District Court for the City and County of Philadelphia, No. — , of Term, A. D. 18—. And E. G. H., mother of the said R. P. H., who (to wit, the Baid R.) died since the commencement pf this suit, comes and de- fends the wrong and injury when, &c., and says that she cannot deny the aforesaid action of the, said T. H. C. apd S, C, nor but that partition ought to be made between them, the defendants, and the said T. H. 0. and S. C, of the tenements aforesaid, with the appurtenances, in form aforesaid ; and she hereby freely consents that partition thereof be made betTireen them, &;c. E. G. H. Form of Appearance, to he endorsed on the above Plea. The Prothonotary will enter an appearance for the subscriber, and file the within plea for her. E. G. H. 7. Docket Entry, made at the time of presentation of Petition of ' Guardian, suggesting Death of one of the Heirs, who died on the day on which Judgment was entered. T. H. C. and S. C. vs. E. H., A. H., H. P. H., J. H., and R. P. H., mi- nors under the age of fourteen years, by S. C. H., their Guardian. In the District Court for the City and >■ County of Philadelphia, Ifo. — , of Term, A. D. 18—. The petition of S. C. H., the said Guardian, suggesting inter alia PARTITION IN COMMON LAW COURTS. 697 the death of tte said R. P. H., was read, and it was ordered that the same be filed of record, and that B. G. H., the mother of the said R. P. H., deceased, be made a party defendant to this suit. Afterward, on the same day, on motion of S. H., Attorney for the plaintiffs, the judgment quod partitio fiat, which was entered on the 14th instant, was- set aside, and leave was granted to amend the declaration, as per amendment filed ; and a rule was granted on the said E. G. H., and the other defendants, by their Guardian S. C. H., to 'plead to the amended declaration. Afterward, on the same day, by writing filed, the appearance of the said B. G. H., as a defendant to this suit, was by leave entered of record, and her plea of confession filed of record ; and also the plea of confession of S. C. H., the said Guardian, to the amended declaration, was filed of record. Afterward, on the same day, on motion of S. H., Attorney for the plaintiffs, judgment quod partitio fiat was ordered to be entered by the Court, after examination of the title. 8. Breve de Partitione Facienda, {Writ for Making Partition.'] City and County of Philadelphia, bs. Cl)e arommontotaltl) of lennsglbanta, To the Sheriff of Philadelphia County, greeting: Whereas B. H., A. H., H. P. H., and J. H., minors under the age. of four- teen years, by S. C. H., their Guardian, and E. G. H., , late of your county, were summoned to be in our District Court for the City and County of Philadelphia, before our Judges at Philadelphia, on the first Monday of , A. D. eighteen hundred and , to answer T. H. C. and S. C. of a plea, wherefore whereas they, the said defendants and the said plaintiffs, together and undivided do hold the following de- scribed tenements or premises, with the appurtenances, to wit, [here describe the real estate to be divided, as in the summons,] with the appurtenances, of which they deny that partition be made between them, according to the laws and customs of this Common- wealth, and the statutes in such case provided, and unjustly permit not the same to be done, &c. ; and it was in such manner proceeded in, in our said Court, that it was considered that partition should be made between the parties aforesaid, of the tenements aforesaid, with the appurtenances. Therefore we command you that, taking with you twelve honest and lawful men of your bailiwick, by whom the truth of the matter may be better known, in your proper person you go to the tenements aforesaid, with the appurtenances, and that there, in the presence of the parties aforesaid, by you to be forewarned, if they shall be willing to be present, the said tenements, with the appurtenances, by the oaths and affirmations of the said twelve honest and lawful 698 PARTITION IN COMMON LAW COURTS. men, respect being had to the true value of the tenements afore- said, with the appurtenances, into three equal parts you cause to be parted and divided, so that neither the said plaintiffs nor the said defendants respectively may have more of the tenements aforesaid, with the appurtenances, than it pertaineth to them severally to have. If equal partition in value as aforesaid cannot be made, of any share or purpart, then, by the same inquest, or oaths and affirmations aforesaid, you have power to equalize such partitions or purparts by valuing the purparts respectively, and to award that any one or more shares or purparts shall be subject to the payments of such sum of money as shall be equal to the difference in value of any other share or shares, purpart or purparts, and return the same with said inquest ; and you further have power, by the same inquest and oaths or affirmations as aforesaid, to divide the said tenements, with the appurtenances, into such number of purparts as shall ap- pear to the said inquest most conveaient and advantageous, without regard to the number of parties in interest, and to value each pur- part. But if the said inquest shall be of opinion that the tenements aforesaid, with the appurtenances, cannot be parted and divided without prejudice to or spoiling the whole, then we command you that you cause the said inquest to make a just valuation and ap- praisement of the said 'tenements, with the appurtenances, upon their oaths and affirmations aforesaid, due notice having been first given to the several parties or persons concerned or interested therein, to appear, if they shall think fit, at the time and place of holding such inquisition, and that the partition or valuation and appraisement, or valuations and appraisements, so by you distinctly and openly made, you have here in our said. District Court for the City and County of Philadelphia, before our Judges at Philadelphia, on the first Monday of next, under your hand and seal, and under the hands and seals of those by whose oaths and affirmations you shall have made the same, that such further proceedings may be had as to law and justice shall appertain. And have you then and there the names of those by whose oaths and affirmations you shall have made the same, and this writ. Witness the Honorable George Sharswood, President of our said Court at Philadelphia, the — day of , in the year of our Lord one thousand eight hundred and . THOMAS FLETCHER, Prothonotarti. PARTITION IN COMMON LAW COURTS. t)99 9. Form of Notice of Inquisition.- ^ SherifiF's Office, , July —, A. D. 18—. T. H. C. and S. 0. In the District Court for the City and County of Philadelphia, No. — , of Term, A. D. 18—. Breve de partitione faeienda. vs. E. H., A. a, H. P. H., and J. H., minors under the age of fourteen years, by S. C. H., their Guar- dian, and E. G H. Notice is hereby given to the above parties, that by virtue of the above-mentioned writ of partition, an inquest will be held and taken upon the premises therein described on the day of , A. D. 18 — , at o'clock in the noon, for the purpose of making partition at valuation and appraisement of the said real estate, as in the said writ required ; at which time and place said parties can attend, if they think proper. KespectfuUy yours, &c. W. D., Sheriff. To S. C. H., Guardian above named. 10. Form of Acceptance of Legal Service, to be endorsed on Notice. I, S. C. H.; Guardian of and defendant within named, do hereby acknowledge to have received due and legal notice of the within. Witness my hand, this day of , A. D. 18 — . S. C. H., Guardian. Notices similar in form to the above are to be served on the other parties inte- rested. 11. Inquisition making Partition of Meal Fstate. I, "W. D., High Sheriff of the City and County of Philadelphia, do certify and return to the Judges of the District Court for the City and County of Philadelphia, at the day and place in the an- nexed writ mentioned, that by virtue of the said writ, on the day of , A. D. 18 — , having taken with me T. D. S., A. G. D., &c., [here naming the twelve Jurymen,] twelve free, honest and lawful men of my bailiwick, by whom the truth of the matter might be better known, in my own proper person I did go to the tene- ments or premises in the said writ specified, and then and there, in presence of such and so many of the said parties in the said writ named as chose to attend, all of them having been first duly warned 700 PARTITION IN COMMON LAW COUUTS. by me, and having had notice of the time and place of holding said inquisition, by the oaths or affirmations of twelve free, honest, and lawful men aforesaid, the said lands and tenements, or premises, with the appurtenances, respect being had to the true value of the same, I did cause to be divided into tJiil-ee parts or purparts marked A, B, and C, [or as the case may be,] and accoi;ding to the metea and bounds on the plan hereto annexed^ and described as follows, to wit: Purpwft A. All that messuage, piece, or parcel of land situated, &c., [here describe it.] Purpart B. All that messuage, piece, or parcel of land situated, &c., [here give its description.] Purpart G. All "that, &c., [here describe this also.] And the said inquest, upon their oath's and affirmations aforesaid, do further say that they made a just valuation and appraisement of the said several parts or purparts, and that they are of the value respectively as follows : The tenements or premises and lot of ground with the appurten- ances first herein described, and marked on said plan as "Lot No. ^ — , Purpart A," of the value of dollars. The tenement or premises and lot of ground, herein secondly described, and marked on said plan as " Lot No. , Purpart B," of the value of dollars. The tenement or premises and lot of ground herein thirdly de- scribed, and marked on said plan as "Lot No. , Purpart C," of the value of dollars. In testimony whereof, as well I, the said Sheriff, as the Jurors aforesaid, to this inquisition have fixed our hands and seals, the day and year above mentioned. T. D. S. W. D., Sheriff. A. G. D. and others. A plan of the several lots of ground, &c., with the partition of said real estate distinctly marked on it, should be appended to the above Inquisition. The form of Decree of Court con^rming partition, in acoordahoe with the inqui sition, may be similar to that in article Orphans' Court, p. 666. PARTITION IN COMMON-LAW COURTS. 701 Declaration of Defendants' Wish to hold together. ■*"■ ^' \ In the Court of Common Pleas of County, vs. C.D.,&c. j No.-, of. Term, 18- We, the parties defendant in this cause, do hereby, according to. the Act of Assembly in such case made and provided, certify and declare to the Court, our wish that our interest in the premises or estate, whereof the plaintiff seeks partition in this case, may remain undivided, and that the plaintiff's purpart alone may be set out. C. D. and others. Plea of Non Tenent Insimul. (in the Court of Common Pleas of County, g.h!;&c. / ~ ^°--'°f — ^^™'^«- And the said G. H. and , &c., by S. H., their Attorney, come and defend the wrong and injury, when, &c., and say that they do not, and did not, on the day of the issuing of the said writ, hold the tenements aforesaid, with the appurtenances, or any part thereof, together and undivided with the plaintiff, as he, the said plaintiff, hath in his said writ and declaration above set forth ; and of this they put themselves upon the country, &c. S. H., Attorney for Defendants. Plea of Confession as to part of the Premises, and of Non Tenent Insimul as to the rest. In the Court of Common Pleas of County, No. — , of Term, 18—. And the said G. H. and , &c., by S. H., their Attorney, come and defend the wrong and injury, when, &c., and say that as to part or parcel of the tenements aforesaid with the appurtenances, to wit, all that, &c., [here describe it,] with the appurtenances, they cannot deny the aforesaid action of the said E. F., nor but that par- tition ought to be made between them and the said E. P. of the same, and they freely consent thereto ; but as to the residue or re- maining part of said lands and tenements, to wit, all that, &c., [describe the remainder of the real estate,] with the appurtenances, they say that they do not and did not, on the day of the issuing of the said writ, hold the same or any part thereof, together and undivided with the said plaintiff, as he, the said plaintiff, hath in his said writ and declaration above set forth ; and of this they put themselves upon the country, &c. S. H., Attorney for Defendants, 702 PATENTS. PATENTS. The following information and regulations are mainly intended for the benefit of persons having business with the Patent Office. The; ace designed to be in strict accordance with the Acta of Congress applicable to the subject ; which acts are printed in pamphlet form, and will be forwarded by the ofBee to any one who may desire them.. WHO ENTITLED TO A PATENT. 1. Any person, whether citizen or alien, may obtain a paten^for any invention or improvement made by him, and not before known. For greater particularity, see Act of 1836, sections 6 and 7 ; Act of 1842, section 3. 2. The assignee of any invention may have the patent issue to him directly (Act of ] 837, section 6) ; but this is held to apply only to assignees of entire inte- rests ; so that, although when the inventor assigns his entire interest to two or more, a patent vrill issue to them jointly, still, if he yet retains a portion in him- self, a joint patent will not be issued to him and them. 8. In case of the death of the inventor, the patent will issue to Ms legal repre- sentatives. (Act of 1836, section 10.) 4. Joint inventors are entitled to a joint patent ; but neither can claim one sepa- rately. WHAT WILL PREVENT THE GRANTING OF A PATENT. 5. Even although the applicant has in good faith actually made an invention, a patent thfirefor will not be granted him if the whole or any part of what he claims as new had before been patented, or described in any printed publication, in this or any foreign country, or even if it had before been invented or discovered in this country (Act of 1836, section 7) ; or if he has once abandoned his invention to the public ; or if, with his consent and allowance, it has been for more than two years in public use or on sale. (Act of 1886, section 6 ; Act of 1839, section 7.) 6. The mere fact of prior invention or discovery abroad will not prevent the issxe of the patent, unless the invention had been there patented, or described in some printed publication. (Act of 1836, section 7 ; also Act of 1836, section 15.) 7. Merely conceiving the idea of an improvement or machine in this country is not such an "invention" or "discovery" as is above contemplated. The invention must have been reduced to a practical form, either by the construction of the machine itself, or of a model thereof, or at least by making a full drawing of it, or in some other manner equally descriptive of its exact character, so that a me- chanic would be enabled, from the description given, to construct a model thereof, before it will prevent a subsequent inventor from obtaining a patent. (See Hil- dreth v. Heath, and Perry v. Cornell, decided by Judge Granch on an appeal from the Commissioner.) MODE OP PROCEEDING TO OBTAIN A PATENT. 8. The application must be made by the actual inventor, if alive (Act of 1836, section 6), even although the patent is to issue to the assignee (Act of 1837, sec- tion 6) ; but where the inventor is dead, the application and oath, may be made by the executor or administrator. (Act of 1836, section 10.) 9. The application must be in writing, signed by the applicant, and addressed to the Commissioner of Patents. The following is the usual form, to be varied according to circumstances : — Petition. To the Commissioner of Patents ; The petition of John Fitch, of Philadelphia, in the County of Philadelphia 'and State of Pennsylvania, respectfully represents : PATENTS. 703 That your petitioner has invented a new and improved mode of preventing steam-boilers from bursting, which he verily believes has not been known or used prior to the invention thereof by your petitioner. He therefore prays that letters patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and condition expressed in the Act of Congress in that case made and provided ; he having paid thirty dollars into the Trea- sury, and complied with the other provisions of the said Act. JOHN FITCH. 10. The appli*nt must set forth in his speoifioation the precise invention for vhich he claims a patent. If claimed as a mere improvement on another invention, that fact should be clearly stated ; and if claimed as substantially differing from another invention with which it appears to be coincident, the difference must be clearly pointed out. 11. Two or more separate machines will not be allowed to be the subject of one patent, whatever be the purpose for which they are used. This is intended to change the practice of the ofBoe in those respects, wherein in certain cases all the machines used in the manufacture of one article are allowed to be claimed in one application. 12. The specification must be signed by the inventor (or by his executor or ad- ministrator, if the inventor be dead). It should describe the sections of the draw- ings (where there are drawings), and refer by letters and figures to the different parts. The substantial requisites of the specification are set forth in the Act of Congress of 1836, section 6. The following may be taken as a specimen of the proper form : — Specification. To all whom it may concern : Be it known that I, John Fitch, of Philadelphia, in the County of Philadelphia, in the State of Pennsylvania, have invented a new* and improved mode of preventing steam-boilers from burst- ing ; and I do hereby declare that the following is a full and exact description thereof, reference being had to the accompanying draw- ings, and to the letters of reference marked thereon : The nature of my invention consists in providing the upper part of a steam-boiler with an aperture in addition to that for the safety-valve ; which aperture is to be closed by a plug or disk of alloy, which will fuse at any given degree of heat, and permit the steam to escape, should the safety-valve fail to perform its func- tions. To enable others skilled in the art to make and use my inven- tion, I will proceed to describe its construction and operation. I construct my steam-boiler in any of the known forms, and apply thereto gauge-cocks, a safety-valve, and the other appendages of such boilers; but, in order to obviate the danger arising from the adhesion of the safety-valve, and from other causes, I make a second opening in the top of the boiler, similar to that made for the safety-valve, as shown at A, in the accompanying drawing ; and in this opening I insert a plug or disk of fusible alloy, secur- ing it in its place by a metal ring and screws, or otherwise. This 704 PATENTS. fusible metal I, in general, compose of a mixture of \e%i, tin, and bismuth, in such proportions as will insure its melting at a given temperature, which must be that to which it is intended to limit the steam ; and will, of course, vary with the pressure the boiler is intended to sustain. I surround the opening containing the fusible alloy by a tube B, intended to conduct off any steam which may be discharged therefrom. When the temperature of the steam in such a boiler rises to its assigned limit, the fusible alloy will melt, and allow the steam to escape freely, thereby securing it from all danger of ex- plosion. What I claim as my invention, and desire to secure by letters patent, is the application to steam-boilers of a fusible alloy, which will melt at a given temperature, and allow the steam to escape, as herein described, using for that purpose the aforesaid metalliic compound, or any other substantially the same, and which will produce the intended effect. JOHN FITCH. Witnesses — Robert Fulton, Oliver Evans. When the application is for a machine, the specification shbuld commence thus : Be it known that I, ■ — , pf — ^ , in the county of , and State of , have invented a new and useful machine for [stating the* use and title of the machine ; and if the application is for an improvement, it should read thus : a new and useful improvement on a, or on the, machine, &C.3 — and I do hereby declare that the following is a full, clear, and exact description of the construction and operation of the same ; reference being had to the annexed drawings, making i part of this specification, in which figure 1 is a perspective view ; figure 2 a longitudinal elevation ; figure 3 a transverse section, &c. (thus describing all the sections of the drawings, and then referring to the parts by letters. Then follows the description of the construction and operation of the machine ; and lastly the claim, which should express the nature and character of the invention, and identify the parts claimed separately or in combination. If the specification is for an improvement, the original invention should be disclaimed, ana the claim con- fined to the improvement.) 13. The specification must be signed by the inventor and attested by two wit- nesses. (Act of 1836, section 6.) 14. The applicant must then make oath or affirmation as required by the Act of 1836, section 6, which must be substantially as follows: Oath. City and County of Philadelphia, 1 State of Pennsylvania, J On this day of , 18 — , before me, the subscriber, a , personally appeared the within-named John Fitch, and made solemn oath (or affirmation) that he verily believes himself to be the original and first inventor of the mode herein described for preventing steam-boilers from bursting ; and that he does not know or believe the same was ever before known or used ; and that he is a citizen of the United States. (Signed) _ A. B., Justice of the Peace. PATENTS. 705 In the case of an alien who has taken the requisite steps to become naturalized, the following form should be adopted : City and County of Philadelphia, 1 State of Pennsylvania, J On this day of , 18 — , before me, the subscriber, a , personally appeared the ■within-named John Fitch, and made solemn oath (or affirmation) that he verily believes himself to be the original and first inventor of the mode herein described for preventing steam-boilers from bursting ; and that he does not know 9r believe the same was ever before known or used ; and that he is a native of the Kingdom of Great Britain ; that he has resided within the United States for the whole of the past year, and has taken the oath prescribed by law for becoming naturalized in this country. (Signed) _ A. B., Justice of the Peace. 16. If the applicant is an alien not residing in the United States, or if he has not taken the requisite steps to become naturalized, the oath must be modified accordingly. (See Act of 1836, section 9. ) 16. The oath may be taken before any person authorized by law to administer ' oaths. '17. When the oath is taken in a foreign country, the oath may be taken before any minister plenipotentiary, oharg^ d'affaires, consul, or commercial agent, hold- ing commission under the government of the United States, or before any notary public of the country in which the oath is taken, being attested in all cases by the proper official seal. (See Act of 1842, section 4.) 18. The drawings required by law (see Act of 1836, section 6) should generally be in perspective. Such parts as cannot be shown in perspective must, if de- scribed, be represented in plans, sections, or details. 19. Duplicate drawings should be sent to the office in the first instance. They should be neatly executed on sheets separate from the other papers— ;from eighteen to nineteen inches from top to bottom, and not less than thirteen across, nor more than twenty-five, unless more space is necessary to exhibit the device or machine with clearness. One of these drawings, which is to be kept in the office for reference, should be on stiff drawing paper. The other, which is to be attached to the patent,_ should have a margin of one inch at least for that purpose on the right- hand side, and should be on some material that will bear folding and transporta- tion. Each part should be distinguished by the same number or letter, wherever that part is delineated in the drawings, and should be referred to in the specifica- tion by such letter or number. These drawings should be signed by the applicant, and attested by two witnesses. 20. The model must be neatly and substantially made of durable material, and not more than one foot in length or height, except when a larger model is per- mitted by the office for special reasons to be shown by the applicant. Models filed as exhibits, in interference and other cases, should also as far as practicable conform to this rule as to size. Should they exceed this limit, they will not be preserved in the office after the termination of the case to which they belong. If made of pine or other soft wood, they should be piainted, stained, or varnished. A working model is always desirable, in order to enable the office fully and readily to understand the precise operation of the machine. The name of the inventor, and also of the assignee (if assigned), must be fixed upon it in a per- manent manner. 21. When the invention is of a composition of matter, a specimen of the ingre- dients and of the composition, which the law requires, must accompany the appli- cation (see Act of 1836, section 6), and the name of the inventor and assigne* (if there be one) must be permanently affixed thereto. 45 706 PATENTS. 22. Models or specimens forwarded without a "name are liable to be lest or mis- laid, as they cannot be entered upon the record. 23. No application can be examined, nor can the case be placed npon the files for examination, until the fee is paid, the model or specimen deposited, and the specification, with the petition, oath, and drawings (when required), filed. 24. The following persons are appointed agents to receive and forward to this office models, specimens, and manufactures, in accordance with the tenth section of the Act of 1837 :— The collector of the port of Portsmouth, New Hampshire. The collector of the port of Portland, Maine. The collector of the port of Burlington, Vermont. The collector of the port of Providence, Rhode Island. The collector of the port of Boston, Massachusetts. The collector of the port of Hartford, Connecticut. The collector of the port of New York. The collector of the port of Philadelphia, Pennsylvania. The collector of the port of Baltimore, Maryland. The collector of the port of Eichmond, Virginia. F. L. Boux, Charleston, South Carolina. The collector of the port of Savannah, Georgia. The collector of the port of New Orleans, Louisiana. The collector of the port of Detroit, Michigan. The collector of the port of Buffalo, New York. The surveyor at St. Louis, Missouri. The coUeotor of the port of Cleveland, Ohio. The surveyor at Chicago, Illinois. The surveyor at Cincinnati, Ohio. The surveyor at Louisville, Kentucky. Wm. Bakewell, Pittsburgh, Pennsylvania. The cost of transportation will in no case be defrayed by the office, unless the model is sent through one of the above-named agents, or unless sent through the flheapest ordinary channel of transportation; nor will it be defrayed in cases where larger models (either in applications or as exhibits) are sent than can be accepted and preserved under the 20th rule (above). OF THE EXAMINATION. 25. All cases in the Patent Office are arranged in classes, which are taken up for examination in regular rotation. Those in the same class are examined and disposed of, as far as practicable, in the order in which the respective applications are completed. Wh«n, however, the applicant has a foreign patent for his invention, or when such invention is deemed of peculiar importance to some branch of the public service, and when, for that reason, the head of some department of the Government specially requests immediate action, the case will be taken up out of its order. These, with appli" cations for additional improvements and reissues, are the only exceptions to the rule above stated in relation to the order of examination. 26. A specification cannot be amended in any material part unless there is something to amend by — that is to say, it can only be so amended to cause it to correspond with the dra^ving or model. A similar rule is enforced in regard to amendments of the drawing or model. And where any substantial change is made by describing or representing in the specification a new invention, not included as a portion of that originally described in the specification, a second affidavit must be made to the specification as amended, and the signature of witnesses will also be required anew. 27. When the change thus made is very considerable, the case may be placed at the foot of the list, to await its turn anew in the order of examination. 28. After a case has been examined and the claim allowed, no alteration will be permitted in the character of the invention without a withdrawal of the case and the filing of a new application, or (if the patent be granted) an application for a reissue, or for an additional improvement, as the case may require. 29. The personal attendance of the applicant at the Patent Office is unnecessary. The business can be done by correspondence or by attorney. All correspondence must be addressed to the Commissioner, PATENTS. 707 80. When an application has been finally decided, the office will retain the original papers, furnishing the applicant copies— if he desires them— at the usual expense, 81. If the patent is granted, it will be transmitted to the patentee, or to his agent, in case he has a full power of attorney authorizing him to receive it. OF WITHDRAWALS. 32. If, when «n application is rejected, the applicant relinquishes his claim, in pursuance of the 7th section of the Act of 1836, and the 12th section of the Act of 1837, he must notify the Commissioner of the fact of such withdrawal, sending, at the same time, his receipt for two-thirds of the fee paid by him, which will be thereupon returned. The model and papers will be retained by the office. The applicant may, however, have the duplicate drawing if he desires it. 33. The applicant in such cases will be entitled to receive back from the office two-thirds of the fee paid by him at the time of making his application. But this right of withdrawal does not extend to applications for a design or for a reissue or additional improvement. 34. In withdrawing an application, the following forms may be followed : — To the Commissioner of Patents : Sir : — I hereby withdraw my application for a patent for im- provements in the cotton-gin, now in your office, and request that twenty dollars may be returned to me, agreeably to the provision of the Act of Congress authorizing such withdrawal. ELI WHITNEY. CabotsviUe, Mass., February 16, 1856. Received of the Treasurer of the United States, per Charles Mason, Commissioner of Patents, twenty dollars, being the amount refunded on withdrawing my application for a patent for improve- ments in the cotton-gin. ELI WHITNEY. CabotsviUe, Mass., February 16, 1856. 3-5. Particular instructions should be given by the person withdrawing money from the office as to the manner in which the money shall be paid — whether to his order at this office, or remitted by mail. 36. When caveats have been filed, withdrawals can be made the same as in I ther cases : and such withdrawals can be made and two-thirds of the fee refunded 1 ,t any time previous to the renewal of the oath, as provided for in the 7th section jf the Act of 1836. RETAINING PATENTS IN THE SECRET ARCHIVES. 37. No application upon which a patent has been ordered to issue shall be •etained in the secret archives of the office more than six months from the day on , ifhich the patent was ordered to issue. The request to have the application pilaced in the secret archives shall, in all cases, be made by the patentee, or the assignee of all the interest therein^ in writing, and filed with the chief clerk, >efore the patent shall be recorded. OP APPEALS. 38. After a case has been once rejected, the applicant may liave a second exa- mination, by renewing his oath, either with or without an alteration of hie speci- fication. (Act of 1886, Section, 7.) But such alteration must be in accordance with article 2^ of these rules. After thus applying for a second examination, no withdrawal will be allowed. 39. After a second rejection, the applicant may bring the case before the Com- missioner in person, and, if, still dissatisfied, may appeal to one of the Judges of the Circuit Court of the District of Columbia., (See articles 112, 118, and 114 of these rules; also Act of 1839, section 11, and 1852, section 1.) 708 PATENTS. 40. Tlie mode of appeal is by giving notice thereof to the Commissioner ; filing in the Patent Office, within such time as the Commissioner shall appoint, his reasons of appeal ; and paying to him the sum of twenty-five dollars. (Act of 1839, section 11.) Blanks for the notice of appeal, the reasons of appeal, the petition, and copies of the appellate judge's rules, will be forwarded on request. OF INTERFEKENCES. 41. When each of two or more persons claims to be the first inventor of the same thing, an "interference" is declared between them, and a trial is had before the Commissioner. Nor does the fact that one of the parties has already obtained a patent prevent such an interference ; for althoiigh the Commissioner has no power to cancel a patent already issued, he may, if he finds that another person was the prior inventor, give him also a patent, and thus place them on an equal footing before the courts and the public. (Act of 1836, section 8.) 42. •tfpon the declaration of an interference, a day will be fixed for closing the testimony, and a further day fixed for the hearing of the cause. Previous to this latter day, the arguments of counsel must be filed, if at all. 43. If either party wishes a postponement of either the day for closing the testimony or the day of hearing, he must, before the day he thus seeks to post pone is past, show by affidavit a sufficient reason for such postponement. OF REISSUES, AND ADDITIONAL IMPROVEMENTS. 44. A reissue is granted to the original patentee, his heirs or assigns, when, by reason of an insufficient or defective specification, the patent is invalid, provided the error has arisen from inadvertency, accident, or mistake, without any fraudu- lent or deceptive intention. (Act of 1886, section 13.) 45. The general rule is, that whatever is really embraced in the original inven- tion, and so described or shown that it might have been embraced in the original patent, may be the subject of a reissue. 46. A modification of a patent so as to include an additional improvement is allowed in favor of the original patentee only, and may embrace any improvement made by him subsequent to the issuing of the patent, but none other. (Act of 1836, section 13.) 47. In each of the above cases the modified patent expires at the same time as the original patent would have done. For this reason such applications will be acted upon immediately after they are completed. 48. Where a reissue is granted, the applicant may, at his option, have separate patents issued for the several distinct parts of the thing patented, by paying the requisite additional fees, and complying with the other requirements of the law as in original applications. • (Act of 1837, section 5.) 49. In all cases of applications for reissues and for additional improvements, the original claim is subject to re-examination, and may be revised and restricted in the same manner as in original applications. (Act of 1837, section 8.) 60. But in all such cases, after the action of the Patent Office has been made known to the applicant, if he prefers the patent originally granted to that which will be allowed by the decision of the office, he has the privilege of abandoning the latter, and retaining the old patent. 61. The following are appropriate forms of application for reissues and for additional improvements : — ' Surrender of a Patent for Reissue. To the Commissioner of Patents : The petition of Samuel Morey, of Philadelphia, in the County of Philadelphip,, and State of Pennsylvania, respectfully repre- sents : That he did obtain letters patent of the United States for an improvement in the boilers of steam-engines, which letters patent are dated on the first day of March, 1850 ; that he now believes that the same is inoperative and invalid by reason of a defective specification, which defect has arisen from inadvertencfl PATENTS. 709 and mistake. He therefore prays that he may be all . wei to_ sur- render the same, and requests that ftew letters patent may issue to him, for the same invention, for the residue of the period for which the original patent was granted, under the amended speci- fication herewith presented, he having paid fifteen dollars into the Treasury fof the United States, agreeably to the requirements of the Act of Congress in that case made and provided; SAMUEL MOREY. Form of Oath to be appended to Applications for Reissues. City and County of Philadelphia, \ State of Pennsylvania, J On this day of , 18 — , before the subscriber, a , personally appeared the above-named Samuel Morey, and made solemn oath (or affirmation) that he verily believes that, by reason of an insufficient or defective specification, his aforesaid patent is not fully valid and available to him ; and that the said error has arisen from inadvertence, accident, or mistake, and with- out any fraudulent or deceptive intention, to the best of his know- ledge or belief. (Signed) Addition of New Improvements. To the Commissioner of Patents : The petition of James Rumsey, of the County of Berkeley, and State of Virginia, respectfully represents :, That your peti- tioner did obtain letters patent of the United States for an im- provement in the boilers of steam-engines, which letters patent are dated on the first day of March, 1850 ; that he has since that date made certain improvements on his said invention ; and that he is desirous of adding the subjoined description of his said improvements to his original letters patent, agreeably to the pro- visions of the Act of Congress in that case made and provided, he having paid fifteen dollars into the Treasury of the United States, and otherwise complied with the requirements of the said Act. , JAMES RUMSEY. A specification and claim should then follow substantially as in case of an original application. The oath must also be the same, except that be need not swear to citizenship, but instead thereof should state as follows : " And that said improvement was made by him subsequent to the date of his aforesaid patent." OF DISCLAIMERS. 52. Where, by inadvertence, accident, or mistake, the original patent is too broad, a disclaimer may be filed either by the origiual patentee or by any of his assignees. (Act of 1837, section 7.) By the English law, as well as by the Act of 1836 (section 15), if the patent were too broad, it was wholly invalid. The case is now different here, but still the necessity of a disclaimer is manifest. (See Act of 1837, section 9.) 53. The following is a sufficient form for a disclaimer: — 710 PATENTS. To the Commissioner of Patents. The petition of Sebastian Cabot, of Cabotsville, in the County of Hampden, and State of Massachusetts, respectfully represents: That he has, by assignment, duly recorded in the Patent Office, become the owner of a right for the several States of Massachu- setts, Connecticut, and Rhode Island, to certain improvements in the steam-engine, for which letters patent of the United States were granted to John . Doe, of Boston, in the State of Massachu- setts, dated on the first day of March, 1850 ; that he has reason to believe that, through inadvertence and mistake, the claim made in the specification of said letters patent is too broad, including that of which the said patentee was not the first inventor. Your petitioner, therefore, hereby enters his disclaimer to that part. of the claim in the aforenamed specification which is in the following words, to wit : "I also claim the particular manner in which the piston of the above-described engine is constructed so as to insure the close fitting of the packing thereof to the cylinder, as set forth ;" which disclaimer is to operate to the extent of the interest in said letters patent vested in your petitioner, who has paid ten dollars into the Treasury of the United States, agreeably to the requir,ements of the Act of Congress in that case made and pro- vided. SEE ASTIAiSt' CABOT. When the disclaimer is made by the original patentee, it must, of course, be so worded as to express that fact. 0¥ EXTENSIONS. 5i. The power of extending a patent for seven years from the day on which it would expire, Is now vested in the Commissioner of Patents. (Acbof 1836, sec- tion 18, and act of 1848, section 1.) 55. To justify the office in thus extending a patent, the two following (questions must be first decided in the affirmative : 1st. Was the invention new and patent- able when originally patented ! 2d. Has the patentee, without neglect or fault on his part, failed to obtain from the use and sale of his invention a reasonable remu- neration for the time, ingenuity, and expense, bestowed upon his invention, and the introduction thereof iuto use? (Act of 1836, section 18; 1848, section 1.) 66. The applicant for an extension should file his petition and pay in the requi- site fee at least three months prior to the expiration of his patent, to give time for the sixty days' notice required to be given, and to allow a sufficient time to the Commissioner to examine the case fully after the expiration of those sixty days, and previous to the day on which the patent is to expire. There is no power in the Patent Office to renew a patent after it has once expired. (Act of 1886, section 18; 1848, section 1.) 57. The applicant for an extension must furnish to the office a statement in writing,! under oath, of the ascertained value of the invention, and of his receipts and expenditures. This statement should be made particular and in detail, unless sufficient reason is set forth why such a statement cannot be furnished. (Act of 1836, section 18; 1848, section 1.) This statement must be filed within thirty days after filing his petition, as con- templated in the preceding section. 58. Any person opposing the extension of a patent must file his reasons in the Patent Office at least twenty days before the day of hearing, as set forth in the notices published. He may also, at any time after the application for an extension has been made, give notice to the applicant of bis intention to oppose the said exten- sion. After this notice he will be regarded as a party in the case, and be entitled to notice of the time and place of taking testimony, as well as to a list of the PATENTS. 711 names acu residences of witnesses whose testimony may have been previously taken. 59. The person opposing the extension will be entitled ta a copy of the applica- tion, and any other papers on file, upon paying the costs of copying. 60. In contested oases no testimony will be received, unles.s by consent, which has been taken within thirty days next after the filing of the petition for the extension. 61. The notice of the application for an extension will fix a day for the closing of the testimony, and also a day for the hearing. The depositions and other papers relied upon as testimony must be filed in the office on or before the morning of tho day next after that fixed for closing the testimony ; and the arguments (if any) must be filed within ten days thereafter, unless some other time be fixed by the office. 62. Applications for a postponement of the hearing must be made and supported according to the same rules as are to be observed in the case of interferences. But they will not be granted in such a manner as to cause a risk of preventing a decision in season. OF DESIGNS. 63. In making an application to patent a design, the same course is to be pur- sued as in case of an application for patenting a machine. 64. No patent for a design can be obtained by an alien, unless he has resided one year within the United States, and taken an oath of his intention to become a citizen thereof. (Act of 1842, section 3.) 65. The following, or other equivalent, forms are proper to be observed in the applications of this nature: — Form of Applieation for Patents for Designs. To the Commissioner of Patents : The petition of Benjamin West, of the City and County of Philadelphia, and State of Pennsylvania, respectfully represents : That your petitioner has invented or produced [a new and original design for a composition in alto-relievo] which he verily believes has not been known prior to the production thereof by your peti- tioner. He therefore prays that letters patent of the United States may be granted to him therefor, vesting in him and his legal representatives the exclusive right to the same, upon the terms and conditions expressed in the Act of Congress in that case made and provided, he having paid fifteen dollars into the Treasury, and complied with the other provisions of the said Act. BENJAMIN WEST. Form of Specification. To all whom it may concern : Be it known, that I, Benjamin West, of the City of Philadel- phia, in the County of Philadelphia, and State of Pennsylvania, have invented or produced a new and original design for a Compo- sition in alto-relievo, and I do hereby declare that the following is a full and exact description of the same : [Here follows a description of the design, with reference to the specimen or drawing, the specification to conclude with declaring what the inventor claims, in terms characteristic of the design, &c.] BENJAMIN WEST. Witnesses — Noah Webster, Nathaniel Bowditch. 732 PATENTS. Form of Oath. • City and County of Philadelphia, 1 State of Pennsylvania. j ' ' On this day of , 18 — , before the subscriber, a personally appeared the within-named Benjamin West, and made solemn oath [or aflSrmation, as the case may be], that he verily believes himself to be the original and first inventor or pro- ducer of the design for a composition in alto-relievo, and that he poes not know or believe that the same was ever before known or used, and that he is a citizen of the United States. OF rOREI&N PATENTS. 66. The taking out of a patent in a foreign country does not prejudice a patent previously obtained here; nor does it prevent obtaining a patent here subse- quently. When the patent is applied for here after being obtained abroad, it will extend only fourteen years from the date of the foreign patent. For this reason such cases will be acted upon out of their order, and as soon as the application is com- pleted. (Act of 1839, section 6.) 67. Where an applicant seeks tp make his a preferred cas6, in consequence of his having obtained a foreign patent, he should (temporarily) file in the office tbe patent so obtained, with the speoiiioations (provisional or complete) attached, or a sworn copy of those. But where such papers or copies cannot be conveniently furnished, it will be sufficient if the reasons of such inability be set forth by affi- davit, and also the fact that a foreign patent has actually been obtained, giving its date, and showing clearly that the invention sb patented covers the whole ground of his present application. OF PATENTS OBTAINED BY ALIENS. 68. If an alien neglects to put his invention on public sale within eighteen months after the patent is granted, and to continue it on sale to the public on reasonable terms, his patent will cease to protect him. (Act of 1836, section 16.) OF CAVEATS. " 69. Any citizen, or an alien, who has resided for one year last past in the United States, and has made oath of his intention to become a citizen thereof, can file a caveat in the secret archives of the Patent Office. And if at any time within one year thereafter another person applies for a patent of the same invention, the caveator will be entitled to notice to complete his specification, and to go intv interference with, the applicant for the purpose for proving priority of invention, and obtaining the patent if that fact be proved. (Act of 1836, section 12.) 70. The caveator will not be entitled to notice of^any application pending at the time of filing his caveat, nor of any application filed after the expiration of one year from the date of filing the caveat. But he may renew his caveat at the end of one year, by paying a second caveat fee, which will continue it in full force for one year longer, and so on from year to year as long as the caveator desires. No caveat can be filed in the secret archives of the office unless accompanied by an oath of the caveator that he is a citizen of the United States, or that he is an alien and has resided for one year last past within the United States, and has made oath of his intention to become a citizen thereof; nor unless the applicant also states, under oath, that he believes himself the original inventor of the art, machine, or improvement set forth in his caveat. 71. A caveat need not contain as particular a description of the invention as is requisite in a specification ; but still the description should be sufficiently precise to enable the office to judge whether there is a probable interference when a sub- sequent application is filed. 72. Caveat papers cannot be withdrawn from the office nor undergo alteration after they have once been filed ; but additional papers relative to the invention PATENTS. 713 may be appended «i>the caveat (their date being noted), provided they are merely amendatory of the original caveat. 73. In the case of filing papers supplementary to an original caveat the right to notice in regard to the subject of those papers expires -with the caveat ; and any additional papers not relating to the invention first caveated viill receive no notice. 74. The caveator, or any other person properly authorized by him, can at any^ time obtain copies of the caveat papers at the usual rates. 75. It is desirable that the caveat should be accompanied by drawings or sketches, and even by a model if convenient. 76. The following will give a general idea of the proper form of a caveat :— To the Commissioner of Patents : The petition of Sebastian Cabot, of Cabotsville, in the County of Hampden, and State of Massachusetts, respectfully represents : That he has made certain improvements in the mode of construct- ing the boilers for steam-engines, and that he is now engaged in making experiments for the purpose of perfecting the same, pre- paratory to his applying for letters patent therefor. He therefore prays that the subjoined description of his invention may be filed as a caveat in the confidential archives of the Patent Office, agree- ably to the provisions of the Act of Congress in that case made and provided ; he having paid twenty dollars into the Treasury o2 the United States, and otherwise complied with the requirements of the said Act.. SEBASTIAN CABOT. Cabotsville, March 1, 1856. Here should follow a description of the general principles of the invention, bo far as it has been completed. PENALTIES FOR CERTAIN ACTS. 77. Patentees or their assignees are required to affix the date of the patent oc each article vended or ofi^ered for sale, under a penalty of not less than one hun- dred dollars. (Act of 1842, section 6.) 78. Stamping or affixing the name of any patentee on any article without authority to do so, or affixing the word "patent" or "letters-patent," or the stamp, mark, or device of any patentee on any unpatented article, is forbidden under a like penalty. (Act of 1842, section 5.) OF THE REPAYMENT OF MONET. 79. Money paid by actual mistake will be refunded (Act of 1842, section 1); but a mere change of purpose after the payment of money will not enable the person to obtain his money and withdraw his papers. OF ASSIGNMENTS. 80. An inventor can assign his entire right before a patent is obtained, so as to enable the assignee to take out a patent in his own name (see section 2'of these instructions) ; but the assignment must first be recorded and the specifications sworn to by the inventor. (Act of 1837, section 6.) In the case of an assignment by a foreigner, the same fee will be required as if the patent issued to the inventor. 81. After 3 patent is obtained, the patentee may assign the right to make or use the thing patented in any specified portion of the United States (Act of 1836, section 11) ; but no such assignment to specified portions of the United States, made prior to obtaining the patent, will enable the assignees to take out the patent in their own names. 82. Every assignment should be recorded within three months from its date ; hut if recorded after that time, it will protect the assignee against any one pur- chasing after the assignment is placed on record. 714 PATENTS. 83. When the patent is to issue in the name of the . »i;signs«, the entire corres- pondence should be in his name. 84. The receipt of assignments is not generally acknowledged by the offiBC. They -vrill be recorded in their turn Trithin a few days after their reception, and then transmitted to persons entitled to them. 85. Form of assignment of the entire interest in letters patent before obtaining the same, and to be recorded preparatory thereto : — Whereas, I Jethro Wood, of Scipia,, in the County of Cayuga, and State of New York, have invented certain new and useful improvements in ploughs, for which I am about to make application for letters patent of the United States ; and whereas David Pea- cock, of Burlington, New Jersey, has agreed to purciase from me all the right, title, and interest which I have or may have, in and to the' said invention in consequence of the grant of letters patent therefor, and has paid to me, the said Wood, the sum of five thou- sand dollars, the receipt of which is hereby acknowledged : Now this indenture witnesseth, that for and in consideration of the said sum to me paid, I have assigned and transferred, and do hereby assign and transfer to the said David Peacock, the full and exclu- sive right to all the improvements made by me, as fully set forth and described in the specification which I have prepared and exe- cuted preparatory to the obtaining of letters patent therefor. And I do hereby authorize and request the Commissioner of Patents to issue the said letters patent to the said David Peacock, as the assignee of my whole right and title thereto, for the sole'use'and behoof of the said David Peacock and his legal representatives. In testimony whereof, I have hereunto set my hand and affixed my seal, this sixteenth day of February, 1856. JETHRO WOOD. Sealed and delivered in the presence George Cltmer, David Rittbnhouse. ed \ of I Form of Assignment of a Partial Right in a Patent. Whereas I, Jethro Wood, of Scipio, in the County of Cayuga, and State of New York, did obtain letters patent of the United States for certain improvements in ploughs, which letters patent bear date the first day of March, 1855 ; and whereas David Pea- cock, of.Burlington, New Jersey, is desirous of acquiring an interest therein: Now, this indenture witnesseth, that for atirl in consideration of the sum of two thousand dollars, to me in hand paid, the receipt of which is hereby acknowledged,, I have assigned, sold, and set oyer, and do hereby assign, sell, and set over» unto the said David Peacock, all the right," title, and interest which I have in the said invention, as secured to me by said letters patent, PATENTS. 715 for, to, and in tbfe seTeral States of New York, New Jersey, and Pennsylvania, and in no other place or places: the sam.> lo held and enjoyed by the said David Peacock, for his own use and behoof, and for the use and behoof of his legal representatives, to the full end of the term for which said letters patent are or may be granted, as fully and entirely as the same would have been held and enjoyed by me had this assignment and sale not been made. In testimony whereof, I hereunto set my hand and aflSx my seal, this sixteenth day of February, 1856. Sealed and delivered { ^3^& in the presence of j J^t^^^ Jacob Perkins. JETHRO WOOD, ^^^p Benjamin Franklin. "vJ^?^ of the ofeice tbes, and how payable. 86. Nearly all the fees payable to the Patent Office are positively required by law to be paid in advance. For the sake 'of uniformity and convenience, the remain- ing fees will be required to be paid in the same manner — that is to say, before the labour is performed for which they are to be received in payment. 87. The following is the tariflf of fees established by law : — On every application for a design $15 00 On every caveat 20 GO On every application for a patent, if made by a citizen, or a foreigner, who has resided here one year and made oath of his intention to become a citizen 30 00 On every application, if by a subject of Great Britain 500 00 On every application, if by any other foreigner 300 00 On every filing a disclaimer 10 00 On every application for adding a new improvement 1 5 00 On every application for a reissue 1 5 00 On every additional patent granted on a reissue 30 00 On every application for an extension 40 00 On every appeal 25 00 On every copy of a patent, or other instrument, for every 100 words . 10 On every copy of drawings the cost of having it made For recording every assignment of 300 words, or under ] fii) For recording every assignment, if over 300 and not over 1000 words . 2 00 For recording every assignment, if over 1000 words 3 00 88. It is recommended that the money for the payment of fees should be depo- sited with an assistant treasurer, or other officer authorized to receive the same, taking his certificate, and remitting the same to this office. When this cannot be done without much inconvenience, the money may be remitted by mail at the.iisU of the owner, and in every case the letter should state the exact amount cuclosed. 89. In case of deposit made with the assistant treasurers, or other perfions authorized to receive public moneys, a duplicate receipt should be taten, stating by whom the payment was made, and for what object. The particular invention should be referred to, to enable the applicant to recover the twenty dollars in case of the withdrawal of the petition. The certificate of deposit may be made in the following form : — Office op the . The Treasurer of the United States has credit at this office for dollars in specie, deposited ^by , of the town of : , in the county of , and State of , — , the same being for a patent (or whatever the object may be) for a steam boiler. A. B. 716 PATENTS. 90. The foUoTPing officers are authorized to receive patent fees on account cf the Treasurer of the United States, and to give receipts or certificates of deposit there- for, to wit : Assistant Treasurer of the Tlnited States, Boston, Massachusetts. Assistant Treasurer of the United States, New York, New York. Treasurer of the Mint, Philadelphia, Pennsylvania. Surveyor and inspector, Pittsburgh, Pennsylvania. Assistant Treasurer of the United States, Charleston, South Carolina. Collector, Baltimore, Maryland. Collector, JElichmond, Virginia. Collector, Norfolk, Virginia. Collector, Bufi'alo Creek, New York. Collector, Wilmington, North Carolina. Collector, Savannah, Georgia. Collector, Mobile, Alabama. Treasurer Branch Mint, New Orleans, Louisiana. Assistant Treasurer United States, St. Louis, Missouri. Surveyor of the customs, Nashville, Tennessee. Surveyor of the customs, Cincinnati, Ohio. Beoeiver of Public Moneys, Little Book, Arkansas. Receiver of Public Moneys, Jeffersonville, Indiana. Receiver of Public Moneys, Chicago, Illinois. Receiver of Public Moneys, Detroit, Michigan. Collector, San Francisco, California. Depositary, Tallahassee, Florida. Any person wishing to pay a patent or other fee, may deposit it with either of the officers above named, and forward the receipt or certificate to this office as evidence thereof. Bank notes or checks cannot be received. 91. All moneys sent by mail, either to or from the Patent Office, will be at the risk of the owner. In no case should money be sent enclosed with models. 92. All payments to or by the office must be made in specie. TAKING AND TRANSMITTING TESTIMONY. 93. In contested cases, the following rules have been established for taking and transmitting evidence : — 1. That before the deposition of a witness or witnesses be taken by either party, reasonable notice shall be given to the opposite party of the time and place when and where such deposition or depositions will be taken ; so that the opposite party, either in person or by attorney, shall have full opportunity to cross-examine the witness or witnesses. And such notice shall, mth proof of service of the same, be attached to the depo- sition or depositions, whether the. party cross-examine or not ; and such notice shall be given in sufficient time for the appearance of the opposite party, and for the transmission of the evidence to the Patent Office before the day of hearing. 2. That all evidence, &o., shall be sealed and addressed to the Commissioner of Patents, by the persons before whom it shall be taken, and so certified thereon. 3. That the certificate of the magistrate taking the evidence shall be sub- stantially in the following form, and written upon the envelope, viz : — " I hereby certify, that the depositions of A. B., C. D., &c., relating to the matter of interference between E. F. and G. H., •were taken, sealed up, and addressed to the Commissioner of Pa- tents by me. " A. B., " Juitiee of the Peace." i. In cases of extension, where no opposition is made, ex parte testimony will be received from the applicant ; and such testimony as may have been taken by the applicant prior to notice Of opposition, shall be received, unless taken within thirty days after filing the petition for the extension. (See section 60, of these rules.) Provided, the applicant shall give prompt notice to the opposing party or parties of the names and residences of the witnesses whose testimony has been thus taken. PATENTS. 717 5. That no evidence touching the matter at issue will be considered upon the said da; of hearing which shall not have been taken and filed in compliance with these rules : Provided, that if either party shall be unable for good and sufficient reasons, to procure the testimony of a witness or witnesses within the stipulated time, then it shall be the duty of said party to give notice of the same to the Commissioner of Patents, accompanied by statements, under oath, of the cause of such inability, and of the steps which have been taken to procure said testimony, and of the time or times when efforts have been made to procure it ; which last-mentioned notice to the Commissioner shall be received by him previous to the day of hearing aforesaid. 94. The notice for taking testimony must be served by delivering to the adverse party a copy. If he is not found, such service may be made upon his agent or attorney of record, or by leaving a copy at the party's usual place of residence, with some member of the family who has arrived at the years of discretion. It must bo annexed to the deposition, with a certificate, duly sworn to, stating the manner and time in which the service was nAde. 95. I'he testimony must (if either party desires it) be taken in answer to inter- rogatories — having the questions and answers committed to writing in their regular order by the magi^ate, or under his direction, by some person not interested in the issue, or the agent or attorney of one who is; The deposition, when complete, must be signed by the witness. 96. The magistrate must append to the deposition his certificate, stating the time and place at which it was taken, the names of the witnesses, the administra- tion of the oath, at whose request the testimony was taken, the occasion upon which it is intended to be used, the names of the adverse parties (if any), and whether they were present. 97. No notice will be taken, at the hearing, of any merely formal or technioiil objection, unless it may reasonably be presumed to have wrought a substantial injury to the party raising the objection ; nor even then, unless, as soon as th.at party became aware of the objection, he immediately give notice thereof to this office, and also to the opposite party, informing him at the same time that, unless corrected, he should urge his objection at the hearing. 98. The foUovring forms are recommended for observance in the taking of de- positions : — A, B., being duly sworn, doth depose and say, in answer to in- terrogatories proposed to him by C. D., counsel for E. F., as fol- lows, viz. : 1. Interrogatory. — What is your name, your residence, and occupation? 1. Answer. — My name is A. B. ; I am a carpenter, and reside in Boston, Massachusetts. And in answer to cross-interrogatories proposed to him by G. H., counsel for I. K., as follows, viz. : 1. Cross-interrogatory, &c. (Signed) A. B. State of New York, 1 Rensselaer County, J *** At Troy, in said county, on the day of , A. D. 1856, before me personally appeared the above-named A. B., and made oath that the foregoing deposition, by him -subscribed, con- tains the whole truth, and nothing but the truth. The said deposition is taken at the request of E. F., to be used upon the hearing of an interference between the claims of the said E. F. and those of I. K., before the Commissioner of Patents of 718 PATENTS. tlie United States, at his office, on the day of next. The said I. K. was duly notified, as appears by the original notice hereto annexed, and attended by G. H., his counsel. Certified by me, ' " _ L. M., Justice of the Peace. i The magistrate must then seal up the deposition when completed, and endorse upon the envelope a certificate, according to the form prescribed in- section 93, and sign it. ' , ' • . KULES OF COREESPONDENCE. 99. All correspondence must ,be in the, name of the Commissioner of Patents; and all letters and other communications intended for the office must be addressed to him. If addressed to any of the other officers they will not be noticed, unless it should be seen that the mistake was owing to inadvertence. 100. Where an agent has filed his power of attorney, duly executed, the corres- pondence will, in ordinary cases, be held with him only. A double correspondence with him and Us principal, if- generally allowed, would largeln enhance the labor of the office. For the same reason, the assignee of the entire interest in an inven- tion is alone entitled to hold correspondence with the office, to the excluuon of the inventor. If the principal becomes dissatisfied, he must revoke his power, of at- torney, and notify the office, which will then communicate with him. 101. All communications to and from the Commissioner upon official business are carried in the mail free of postage. OF THE FILING AND PRESERVATION OP PAPERS. 102. All claims and specifications filed in this office (including amendments) must be written in a fair, legible hand, without interlineations or erasures, except such as are clearly stated in a marginal or foot note written on the same sheet of paper. 1 03. Every paper filed in the office must be endorsed in such a manner as ta show its general character on the outside. It must also show the exact date on which it whs filed. But wherft several papers which were all filed at one and the same time are permanently fastened together, one "filing" for the whole will be sufficient. Letters going on files of any particular case must, in addition to the filing above directed, he endorsed with the name of the writer and the date when written. (The above rule is intended for the guidance of the employes in this office alone.) 104. All papers thus "filed" will be regarded as permanent records of the office, and must never, on any account, be changed, further than to correct mere clerical mistakes. OF AMENDMENTS. 105. All amendments of specifications or claims must be made on separate sheets of paper from the original, and must be filed in the manner above direpted. When amendments are required, the papers themselves are generally returned to the applicant : but it is only to enable him to make those amendments so as to be in harmony with the context. Even when the amendment consists in striking out a portion of the specification or other paper, the same course should be ob- served. No erasure must be made. The papers must remain for ever just as they were when filed, so that a true history of all that has been done in the case may be gathered from them. 106. The following are given as specimens of the forms proper to be (Observed in such cases . — " I hereby amend my specification by inserting the following words after the word in the line of the page thereof," [here should follow the words that are to be inserted ;J or, " I hereby amend my specification by striking out the line of the — — page thereof," or, " by s-triking out the first and PATENTS. 719 fourth claims appended thereto," or whatever may be the ameud- ment desiyed by the applicant. 107. The forms of other amendments will readily suggest themselves. In eaob case the exact words to be struck out or inserted'should be clearly described, and the precise point where any insertion is to Ibe made, 108. Where papers are returned to the applicant for amendment, the original pnpers must in all oases be returned to the office for preservation, together with the amendments. . 109. In some cases amendments will be permitted to be made by writing out the entire paper anew ; but even when this is done, the original paper must be returned and preserved. 110. No pa^er will be allowed to be taken from this ofBce unless receipted for, or UBlesa a written request be filed by the party entitled to control the case, nor until all interlineations and erasures are oleady noted on the paper in such a manner as to prevent the possibility of any ohamge being made without the cer- tainty of immediate detection. 111. The practice which has been sometimes pursued of placing the affidavit of the applicant on one piece of paper, and the signature to the speoificatioo on another, so that both may be detached and applied to other papers, will be looked upon with suspicion, and any such substitution will be carefully guarded against. No such specifications will be received unless attached together by a tape, both the ends of which are secured by the seal of the officer who administered the oath, or unless that officer at least has subscribed his name upon each separate sheet of paper, so as to show that the specification presented is the same that was sobscribed and sworn to BULBS FOR EKCONSIDBRATIONS. The following rules will be strictly observed, except when, for cause shown, in special cases a modification «hall be allowed hy the Commissioner : 112. Upon the rejection of an application for a patent for the want of novelty, the applicant will be furnished with references to the CHses on which the rejection was made, with a brief explanation of the cause of rejection. If he desires a copy of the cases so referred to, or of the plates or drawings connected with them, these will all be forwarded to Mm on payment of the cost for making such copies. 113. If the applicant feels able to remove the objections raised by the office, he may himself, or by his agent, come before the proper examiner between two and three o'clock, P. M., on any Monday, Wednesday, or Friday of the week, for the purpose of making the desirect explanations, or he may forward his reasons in writing, to be laid before the examiner. 114. Should there be — notwithstanding these reasons— a second rejection, the applicant may in person, or by his agent, or in writing, as above contemplated, bring the matter before th« Cominissioner, Who Will, if possible, examine the case in person ; but should he not be sufficiently at leisure, it will be referred to a board of examiners. The decision attained in either of these modes will be final, so far as the action of this office is concerned. The only remaining remedy will be by appeal in those cases allowed by law. (See sections 38, 39, and 40, of these rules.) OF aivma oe withholding information. 115. Aside from the caveats which are required by law to be kept secret, all pending applications are, as far as practicable, preserved in like secrecy. No in- formation will therefore be given to those inquiring whether any particular patent is before the office, or whether any particular person has applied for a patent. 116. But information is given in relation to any case after a patent has issued, or after a patent has been refused, and the further prosecution of the application is abandoned. The models in such cases are so placed as to be subject to generar inspection ; the specifications and drawings in any particular case can be seen by any one having particular occasion to examine them, and copies thereof, as well as of patents granted, will be furnished to any one willing to pay the bare expense of 720 PATENTS. making them. Copies will be made on parchment at the request of an applicant, upon his paying the additional cost. 117. Even after a case is rejected, the application is regarded as pending until after the decision of an appeal thereon, or until after the party has withdrawn the case from the further consideration of the office ; but if a party whose application has been rejected, allows the matter to rest for two years without taking any further steps therein, he will be regarded as having abandoned his application, so far at least that it will no longer be protected by any rule of secrecy. And in all cases where the specification is withdrawn from the office, and retained by the Applicant or his agent for six months or \ipwards, the like abandonment will be presumed. The specification, drawings, and model, will then be subject to inspection in the same manner as those of patented or withdrawn applications. 118. Information in relation to pending cases is given so far as it becomes ne- cessary in conducting the business of the office, but no further. Thus, when an interference is declared between two pending applications, each of the contestants is entitled to a knowledge of so much of his antagonist's case as to enable him to conduct his own understandingly. And where the rejection of an application js founded upon another case pre- viously rejected, but not withdrawn or abandoned, the rejected applicant will be furnished with all information in relation to the previously rejected ease which is necessary for the proper understanding and management oi his own, 119. When an applicant claims a certain device, and the same device is found described but not claimed in another pending application which was previously filed, information of the filing of such second application is always given to the prior applicant, with a suggestion that if he desires to claim a patent for that device, he should forthwith modify his specification accordingly. 120. But where the application which thus describes a device without claiming it is subsequent in date to that wherein such device is claimed, the general rule is, that no notice of the claim in the previous application is given to the subsequent applicant. But where there are any special reasons to doubt whether the prior applicant is really the inventor of the device claimed, or where there are any other peculiar and sufficient reasons for departing from the rule above stated, the office reserves to itself the right of so doing without its being regarded as a departure from the established rule. 121. The office cannot respond to inquiries as to the novelty of an alleged inven- tion, in ' advance of an application for a patent, in manner pointed out in these rules (see section 23), for obvious reasons; nor to inquiries founded upon brief and imperfect descriptions propounded with a view -bf ascertaining whether such alleged improvements have been patented, a&d if so, to whom ; nor can it act as an expounder of the patent law, or as counsellor for individuals, except as to questions arising within the office. 122. All business with the office should be transacted in writing. Unless by the consent of all parties, the action of the office will be predicated exclusively on the written record. No attention will be paid to any alleged verbal promise or under- rtanding, in relation to which there is any disagreement or doubt. CHAEIfES MASON, Patent Office, December 1, 1866. Commissioner. PETITIONS. 721 PETITIONS. A Petition is a formal request or aupplioation, from the person or persont who present or have signed the paper containing it, to the body or individual to whom it is presented, for the redress of some wrong or the grant of some favor ; or, the paper containing said request or supplication. By art. I. of Amendments to the Constitution of the United States, the right " to petition the government for a redress of grievances" is secured to the people. When petitions are presented to courts, it is a general rule that an affidavit should be made that the statements therein made, as far as known to the peti- tioner, are true, and* that those facts which he states as knowing from others he believes to be true. Throughout this volume numerous forms for petitions will be found under their appropriate heads ; those only which do not belong under any other head being inserted under this. G-eneral Form of Petition to the Congress of the United States. To the Honorable the Senate and House of Representatives of the United States of America, in Congress assembled. The petition of, the subscribers, citizens of , in the Com- monwealth of Pennsylvania, respectfully showeth : [here state the subject-matter petitioned for.] And your petitioners will ever pray, &c. General Form of Petition to the Legislature of Pennsylvania. To the Honorable the Senate and House of Representatives of the Commonwealth of Pennsylvania, in General Assembly met. The petition of the subscribers, citizens of , in the County of — , respectfully showeth : [here state the subject-matter petitioned for.] And your petitioners will ever pray, &c. Creneral Form of Petition to the Governor of the State of Penn- sylvania. To his Excellency, William Bigler, Governor of the Commonwealth of Pennsylvania. The petition of, &c. [as in Petition to the Legislature of Penn- sylvania.] Petition to compel a Surviving Trustee, who is Insolvent or Mis- managing the Trust Estate, to render his Account, and to have Another appointed in his stead. To the Honorable the Judges of the Court of Common Pleas of the County of . The petition of A. B. respectfully showeth : That C. D., of , Yeoman, in and hy his last will and testament, dated thH day of ,A. D. 18 — , and proved before the Register 722 ' PETITIONS. of Wills of the County of , on the dai/ of , A. D. 18 — , among other things, made the following bequest: [here insert bequest in trust;] [or, hy a certain deed or indent ture hearing date the day of , A. D. 18—, con- veyed, S^gI\ [here insert the particulars of the trust.] That iince the decease of the said testator [or since the execution of the said deed] one of the said Trustees died, and the trust reposed thereby became exclusively vested in the said E. F., his executors, administrators, and assigns. That the said B. F. has not, as your petitioner is informed and verily believes, placed the said sum of dollars at interest, as directed by said la«t will and testa- ment, [or indenture of trvst,"] nor has the interest of the said sum of dollars, or any part thereof, been used and applied for the purpose specified in the said last will and testament, [or deed of trust,] or been accounted for by the said E, F., although the said E. F. has been often requested so to do. Your petitioner therefore alleges that the said E. F. has neglected and abused the uses and trusts reposed in him as aforesaid, and that the said trust has not been duly executed by the said E. F. ; and therefore prays the said Court to grant him a rule upon the said E. F., to appear before the said Court, on a day to be named by the said Court, to answer the complaint of your petitioner, agreeably to the direc- tions of the Act of the General Assembly, to account before this Court or before auditors, as the Court shall direct, of and for the execution of the said trust, and also to show cause why he should uot be removed from the said trust, and another person appointed in his place and stead. Petition for the Dismissal of Trustee under Marriage /Settlement, who is Insolvent, ^e. To the Honorable the Judges of the Court of Common Pleas for the County of . The petition of A. B., of the of , and C. his wife, respectfully showeth: That by indenture tripartite, bearing date the day of , in the year of our Lord one thousand eight hundred and , between the said C, then C. D., (with the approbation of her Guardian, E. F.,) of the first part, your pe- titioner, A. B., of the second part, and G. H. of the third part, executed in contemplation of the marriage then about to be so- lemnized between your petitioners, a large estate, to the amount of upwards of dollars, belonging to your petitioner, C. B., then a minor, and in the hands and possession of the said E. F., as her guardian, was assigned, transferred, and set over unto che said G. H., to have and to hold, untp him, his executors and administrators, upon the trusts and for lie uses and purposes in the said indenture mentioned, and which, by reference to the same, will more fully appear. That the said G. H. took upon himself the PETITIONS. 723 duties of Trustee, and the estate above mentioned went into his hands, or remained there, upon the trusts and for the uses and pur- poses in the said indenture mentioned. That the said Or. H. has mismanaged the said estate committed as aforesaid to his care, and has neglected to perform the duties of the trust thus confided to him. That the said G. H. is in insolvent circumstances, and has lately made an assignment for the benefit of his creditors. Tour peti- tioners therefore pray that a citation may be issued to the said G. H., to show cause why he should not be dismissed from the said trust, according to the directions of the Act of Assembly in such case made and provided. And they will ever pray, &c. Petition for Appointment of a new Trustee, after the Bismissal of the original Trustee. To the Honorable the Judges of the Court of Common Pleas for the County of . The petition of A. B,, of the of , and C. his wife, respectfully showeth : That whereas under and by virtue of an Act of Assembly of the Commonwealth of Pennsylvania, entitled " A supplement to the Act entitled ' An Act to compel assignees to settle their accounts, and for other purposes,' " passed the four- teenth day of June, A. D. one thousand eight hundred and thirty-six, your petitioners lately presented a petition to the said Court, pray- ing that a citation might be issued to G. H., the Trustee named in a certain indenture tripartite mentioned in the said petition, bear- ing date the day of , A. D. one thousand eight hun- dred and , to show cause why he should not be dismissed from the trust in the said indenture specified ; and whereas the said citation was duly granted by the said Court and issued, directed to the said G. H., and upon the hearing thereupon had by the said Court, they did actually dismiss the said G. H. from the said trust, pursuant to the said Act of Assembly ; and whereas it is agreeable to your petitioners, the cestui que trusts in the said indenture named, that F. G., of the -. of , should be appointed a new trustee in lieu and in the place of the said G. H., so as afore- said dismissed from the said trust : They therefore pray that the said F. G. may now be appointed by the said Court such new trustee as aforesaid, under and by virtue and in pursuance of the said Act of Assembly. And your petitioners will ever pray, &c. Petition where Assignee is Insolvent and Wasting the Estate, to have Another appointed in his stead. To the Honorable the Judges of the Court of Common Pleas of the County of ■ The petition of A. Ef. and C. D., creditors of E. F., of , respectfully showeth : That the said E. F., by an ingtrument bear- ing date the day of ^ — , in the year of our Lord ono 724 PETITIONS. thousand eight hundred and , made an assignment of all hia estate, real and personal, to one H. I., of , in trust for the benefit of his creditors, in the manner therein particularly specified, as by the said assignment, a copy whereof is hereunto annexed, marked (A), will more fully 'appear. And your petitioners further represent, that the said H. I. is in failing and insolvent circum- stances, is wasting and mismanaging the estate committed to his care, and is neglecting to perform the duties of the trust reposed in him. Your petitioners therefore pray that a citation may issue to the said H. J. directed, returnable before your Honors, at such a time as may appear proper and just, and that at the return thereof security may be given by the said H. I. for the faithful perform- ance of the said trust, or that he may be dismissed, and another, or others, may be appointed in his stead ; and that all books, papers, moneys, and estate which shall appear to be in the hands of said H. I., be delivered and assigned to such person, or persons as shall be so appointed. And your petitioners further pray that the said H. I. may be by you commanded to be and appear, at such time as to you shall seem meet, to settk his account, exhibiting a statement of the a,mount of the estate aforesaid to him assigned, and the manner in which he has disposed of the same. And, as in duty bound,, your petitioners will ever pray, &c. Petition where Assignees have not acted, or are deceased, for the Appointment of others to act in their stead. To the Honorable the Judges of the Court of Common Pleas of the County of . The petition of J. D. respectfully represents: That A. B., of on the day of , A. D. 18 — , executed an assignment of his property to R. R. and E. C. in trust for his creditors ; that the said R. R. and IE. G. have not acted under the said assignment^ andt now reside in , and out of the jurisdic- tion of this Court, [or "that the said R. R. and JE. .Q., Assignees, are deceased," oi' " that the said R. R. has not acted under the said assignment, and npw resides in , and out of the jwrisdiction of this Court ; and that the said U. C, who has been of late the sole acting assignee, is recently deceased," or as the case may be.] Your petitioner therefore prays that the Court will be pleased to issue a citation to the representatives of the said R. R. and E. C. [or " to the said R.>^. and the representatives of the said JE. C," or as the case may be] directed, returnable at such time as the Court may appoint, to show cause why they, the representatives of the said R. R. and E. C, [or "the' said R. R. and the representatives of the said E. C,"] should not be dismissed from the said trust, and others appointed in their stead. And your petitioner will ever pray, &c. J. D. PETITIONS. 725 Petition to compel Assignees to present to Court tJieir^ Account of Estate Assigned, where a year has elapsed since Assignment and no Account has been filed. To the Honorable the Judges of the Court of Common Pleas for the County of . The petition of J. D. respectfully represents : That more than a year since, to wit, on the day of , A. D. 18 — , A. B., of , made and executed a voluntary assignment of certain real and personal estate therein mentioned to R. R. and B. C, in trust, among other things, for the use of the creditors of the said A. B. That the said assignees accepted the said assignment, and in the execution of the said trust have received sundry sums of money, but have never filed their accounts as assignees as aforesaid. That your petitioner, at the time said assignment was executed, was, and still is, a creditor of the said A. B. ; he therefore prays that a citation may be issued to the said assignees, commanding them to appear at a time to be appointed by the Court, and to exhibit under oath £or affirmation] a statement or account of the amount of the estate assigned to them, and the manner in which they have dis- posed of the same, according to tte Act of Assembly in such case made and provided. And he will ever pray, &c. J. D. Petition for the Appointment of Persons to Appraise Assigned Property. To the Honorable the Judges of the Court of Common Pleas for the County of . The petition of C. D., late of the of , in the County of , respectfully represents : That on the day of , A. D. 18 — , E. F., of , and G., his wife, executed a deed of assignment of all their property, real, personal, and mixed, to your petitioner, in trust for the benefit of the creditors of the said E. F., as in the said deed is more particularly set forth. Your pe- titioner therefore prays your Honors to appoint two or more disin- terested and competent persons to appraise the estate and efiects so as aforesaid assigned to him, as is required by the Act of Assembly m such case made and provided. And he will ever pray, &c. CD. Petition for the Appointment of Auditors to audit the Accounts of Assignees. To the Honorable the Judges of the Court of Common Pleas foi the County of . The petition of J. D., one of the creditors of A. B., respectfully represents : That R. R. and E. C, Assignees of A. B., under a 726 PETITIONS. voliuntary assignment, dated the day of , .4.= D. 18 — , hiave filed their account of the estate of the said A. B. in the • office of the Prothono"tary of this Court. Your petitioner therefore prays that the Court may appoint auditors to audit the said accounts, fee. And your petitioner ■will ever pray, &c. J. D. Petition to obtain a Sheriff's. Deed for Property/ Sold Informer Sheriff, deceased. To the Honorable the Judges of the Court of Common Pleas for the County of . The petition of A. B., of the Township of , respectfully showeth : That by virtue of a WTit of venditioni exponas of this Court, No. — , of the Term, of 18 — , C. D., Esquire, then Sheriff of the County, sold to your petitioner all that [here describe the premises,] for the sum of dollars; that before a deed was executed the said C. D. died, and E. F., EsqUire, hath since been duly elected Sheriff. That your petitioner, having complied with the conditions of sale, is desirous of having his title to the premises perfected. He therefore prays your Honors to order and direct the said E. F., the present Sheriff, to perfect the title, by executing to your petitioner a deed for the premises so by him purchased, according to the Act of Assembly in such case made and provided. And he will ever pray, &c. A. B. Petition to obtain a Sheriff's Deed for Property Sold by former Sheriff who has gbne out of Office. To the Honorable the Judges of the Court of Common Pleas for the County of . The petition of A. B., of the Township of -^, respectfully showeth : That by virtue of a writ of venditioni exponas to C. D., Sheriff of said county, directed, issuing out of this honorable Court, returnable ?■ Term,! A. I). 18 — , and numbered — of that term, in a suit wherein E. F. was plaintiff and G. H. defendant, the said C. D. did expose to sale a certain piece or parcel of land in said writ described, and sold the same to your petitioner, as in and by the said Sheriff's return endorsed on said writ appears. That the said Sheriff executed no deed to your petitioner, nor have any further proceedings been since had in the matter; and the said Sheriff hal since gone out of office by the limitation of hig term. Your petitioner therefore prays this honorable Court to order and direct the present Sheriff to make and execute a sufficient deed to your petitioner for the property aforesaid, on his payment of pur- chase-money. And he will ever pray, &c. A. B. PETITIONS. 727 Petition to Authorize the Recorder to enter Satisfaction upon a Mortgage, under Act of ^Ist March, 1823. To the Honorable J. B., President Judge of the Court of Common Pleas for County. The petition of A. B. respectfully showeth : That on the day of A. D. 18—, C. D., of the Township of , in the County of , executed to E. F., of the Township of , in the County of , a certain indenture of mortgage, in due form of law, which is recorded in Mortgage Book , page , for securing the payment of the sum of dollars, lawful money of the United States, as, relation being thereunto had, will more fully and at large appear. That payment was made of all the money or amount due thereon more than two years prior to the presentation of this petition. That the said E. F.," the legal holder of the said mortgage, has died [or removed from the State'] without entering satisfaction upon the record of the same ; and that your petitioner is the owner of the premises mortgaged as aforesaid. Wherefore he respectfully prays your honorable Court to direct the SheriflF to serve a notice, stating the facts in this petition set forth, on G. H. and I. K., the legal representatives of the said E. F., who are to be found in the said county, requiring them to appear at the next term, and answer the petition as aforesaid. And your peti- tioner further prays that, upon due proof being made that the lull amount for which the said mortgage was given has been paid, your honorable Court will decree and direct that satisfaction shall be ente»ed upon the record of the said mortgage, by the Recorder of Deeds, on payment of the costs due, relative to the entry of the said mortgage, or any proceedings thereon, and that said satisfac- tion so entered shall for ever discharge, defeat, and release the same mortgage, according to the Act of Assembly in such case made and provided. And your petitioner wiU ever pray, &c. A. B. Petition for a Writ of Mandamus. To the Honorable the Judges of the Court of Common Pleas for the County of . The petition of A. B., of , humbly showeth: That, &c., [here state all the facts and matters complained of, as they oc- curred.] Your petitioner therefore prays that a mandamus may be issued to the said , commanding them to , or that a rule on the said may be granted, to show cause why a mandamus should not be issued for the purposes aforesaid. And your petitioner will ever pray, &c. A. B. Add Affidavit 728 PETITIONS. Petition for a Tavern License. To the Honorable the Judges of the Ocurt of Quarter Sessions of the Peace for the County of . The petition pi John Jones respectfully showeth : That your petitioner occupies a commodious house, situate in the Township of , on the road leading from to , which is well calculated for a public house of entertainment, and, from its neigh- borhood and situation, is suitable as well as necessary for the accom- modation of the public, and the entertainment of strangers and traTellers. That he is well provided with stabling for horses, and all conveniences necessary for the entertainment of strangers and travellers. He therefore respectfully prays the Court to grant him a license to keep an inn, or public house of entertainment, at the place herein named. And your petitioner will ever pr/ay, kc. JOHU JONES. , January 10th, 18 — . Certificate of Citizens to Accompany above Petition for a Tavern License. We, the undersigned, citizens of the Township of afore- said, being personally acquainted with John Jones, the above-named petitioner, and also having a knowledge of the house for which the license is prayed, do hereby certify that such house is necessary to accommodate the public and entertain strangers or travellers ; that he is a person of good repute for honesty and, temperance, and that he is well provided, with house-room and conveniences for the lodg- ing and accommodation of strangers ,and travellers. We therefore beg leave to recommend that a license be granted to him agreeably to his petition. Petition for a Pedler's License. To the Honorable the Judges of *he Court of Quarter Sessions of the Peace in and for the Count j of . The, petition of E. F., of , respectfully showeth : That he is a citizen of the United States of America, and by reason of bodily infirmity is incapable of procuring a livelihood by labor; that being desirous of travelling as a hawker and pedler with '- horses and wagon or other vehicle, he has this day paid into the hands of , Esq., Treasurer of said county, the sum of dollars. He therefore prays your Honors to grant him a license to travel as a hawker and pedler for one year, with — '■ horses and wagon, or other vehicle. And he will ever pray, &c. E. JF. PETITIONS. 729 Petition of Trustee for leave to receive Principal of 0-round-Bent, and discharge and release the same under Act bth Feb, 1821.* To the Honorable the Judges of the Court of. Common Pleas for the County of Philadelphia. The petition of M. A. P., trustee as hereinafter named, respect- fully slioweth : That G. B. R., of the said city, and M., his wife, by indenture dated 28th September, 1848, granted and conveyed unto Y. M. G., of the said city, his heirs and assigns, all that certain lot or piece of ground, situate [here describe the premises] yield- ing and paying therefor- and thereon unto the said G. B. R., his heirs and assigns, the yearly rent or sum of two hundred and eighty-eight dollars, lawful silver money, in equal half-yearly pay- ments, on the first day of the months of May and November in every year thereafter for ever, without any deduction or abate- ment for taxes or charges, and by the said indenture it was pro- vided that if the said Y. M. G., his heirs and assigns, should and did at any time within ten years from the date thereof pay or cause to be paid to the said G. B, R., his heirs or assigns, the sum of four thousand eight hundred dollars lawful money as aforesaid, and the arrearages of the said yearly rent to the time of such payment, then the same should fbr ever thereafter cease and be extinguished, and the covenant for the payment thereof should become void, and then he the said G. B. R., his heirs and assigns, should and would at the proper cost and charges of the said grantee, his heirs and assigns, seal and execute a sufficient release and discharge of the said yearly rent thereby reserved to the said Y. M. G., his heirs and assigns, for ever, anything thereinbefore contained to the contrary thereof notwithstanding, as by reference to said indenture, duly acknowledged and intended to be record- ed, will more fully and at large appear. Your petitioner further shows that the said G. B. R. and M., his wife, by indenture bearing date 9th day of January, A. D. 1849, and recorded in Deed Book, No. 8, page 61, &c., granted, conveyed, and assigned the said yearly rent-charge or ground- rent unto S. P., of said city, widow, and, that she the said S. P., being so seized in fee of the said rent, died intestate, leaving three children, namely, T. C. P., the said M. A. P., and A. C. P., to whom the said yearly ground-rent descended, and became vested in fee in equal shares. And the said A. P.> by an indenture dated 9th May, 1850, ajud recorded in Deed Book G., No. 47, page 387, granted, conveyed, and assigned all his property, estate, and effects, unto 'the said M. A. P., the petitioner, her heirs, ex- ecutors, administrators, and assigns, in trust for certain uses and purposes therein mentioned and set forth, whereby she is £he per- • See Ez parte Elliott, 5 Wh. 624; Ex parte Huff, 2 Barr, 227. 'i'iiO PETITIONS Bun at this time entitled to collect and receive as said trustee the cue-third part of the said yearly rent. Your petitioner further shows that the ' said T. M. G. now de- sires to pay the said principal money, and obtain a release and discharge of thj said yearly rent. Your petitioner, therefore (she as trustee aforesaid being seized of one undivided third part of the said yearly rent), prays the Court to make an order authorizing and requiring her, trustee as aforesaid, on payment being made to her of the arrearages of the said rent, and of the sum of one thousand six hundred dollars, being one-third of the said principal of the said yearly rent, to make and execute a release and discharge of the said one-third part of the said yearly ground-rent, held by her in trust as afore- said, unto him the said Y. M. G., owner of the lot or piece of ground above named, his heirs and assigns, for ever, conformably to the agreements in the indeature first above recited contained, and according to the Act of Assembly in such case made and pro- vided. [Add the usual affidavit.] Answer to the foregoing Petition, by the Grantee. To the Honorable the Judges of the Court of Common Pleas for the County of Philadelphia. Y. M. G., the grantee in the foregoing petition named, respect- fully answering, says, that he believes the statements in said peti- tion made to be true ; and he prays this honorable Court to take the same into consideration, and to make such an order as to right and justice shall appertain. Answer of Cestui que Trust. In the Court of Common Pleas for the County of Philadelphia. In the matter of the estate of A. C. P., sur petition of M. A. P., trustee, praying for leave to release and discharge a 'ground- rent, payable by Y. M. G. The said A. C. P. hereby requests that the prayer of said peti- tion may be granted without the said trustee being required to give security. Philad., June 21, 1851. Form of Decree. In the matter of the petition of M. A. P., trustee of A. C. P., for leave to discharge and release a ground-rent, pavable by Y.U.&. 6 . . And now, June 21st, 1851, it appearing to the Court, from the petition and answer filed, that the ground-rent in said petition PETITIONS. 731 mentioned is by the terms of the deed reserving the same, subject to redemption. Now, therefore, it is hereby adjudged by the Court, that the said contract on the redemption of the said ground-rent is valid and obligatory upon the parties. • « . And it is hereby ordered, that M. A. P., trustee of A. C. P., shall be and she hereby is authorized and required, upon the pay- ment to her of the sum of one thousand six hundred dollars, being one-third part of the principal of the said ground-rent and the arrearages of the same, to execute and deliver unto the said Y. M. G., his heirs and assigns, for ever, a full, sufficient, and abso- lute release and discharge of the said one-third part of the said yearly ground-rent so paid and discharged by him* And that the said trustee shall not be required before execution of the said release, and perfecting the title aforesaid, to give bond for the proper and legal appropriation of the money so to be received by her. 732 PLEAS AND DBMTTRREES. FLEAS AND SEMUBRERS. A Plea, in practice, is the defendant's answer, by matter of fact, to the plun- tiff's declaration. Bouy. L. D. It is distinguished from a Demurrer, which opposes matter of law to the decla- ration. Steph. PI. 62. . In Pennsylvania, short pleas are commonly allowed for the sake of despatch, «. g. the pleas of "non assumpsit," "nil debit," "non oul.," "usury," "the sta- tute of limitations," "no award," "set-off," and others of a similar form; and sometimes several such are pleaded together in short entries. When a special defence is intended to be set up under a plea of the general issue, after notice ac- cording to the rules of court, the plea is accompanied with a declaration of such intention, e. g. "defendant pleads 'non assumpsit,' with leave to give the special matter in evidence," "defendant pleads 'non eul.,' with leave to justify," &e. This course of pleading has been too long established in Pennsylvania now to be overWrned; but as It does not alwa^fs conduce to certainty, but often causes confusion, and sometimes injustice, (13 Serg. & B. ISO,) it should not be adopted but by consent of the opposite party. , •; t The refusal to draw up a plea at large, when it is requested by the opposite party, is a good cause of demurrer, the same being Specially assigned for cause, (6 Bin. 15 ;) or, on motion, the court will enter a role requiring the pleadings to be drawn up at large. 3 Serg. & R. 583 ; 13 Serg. & R. 180. But, in order to support the judgments of the inferior courts, which have been given after a trial of the merits of a case, the Supreme Court will consider the short entries of plead- ings in the same light as if they were formally drawn up, provided there is enough to show the meaning of the parties. 13 Serg. & R. 13; 1 Troubat & Haly's Pr. 283, &o. * Demurrer to a Declaration, for Matter of Form. In the Court of Common Pleas of County, No. — , of —Term, A. D. 18—. And the said defendant, hy IE. F., his Attorney, [or in his own proper person,'] says, that the declaration is not sufficient in law. And the said defendant, according to the form of the statute in such case made and provided, shows to the Court here the following causes of demurrer to the said declaration, that is to say : that no day or time is alleged in the said declaration at which the said causes of action, or any of them, are supposed to have accrued ; and also that the said declaration is in other respects uncertain, informal, and insufficient, &c. E.F., Attorney for Defendant. Demurrer to a Declaration, for Matter of Substance. C D "> ■ ^- " I In the Court of Common Pleas of County, No. — . / B J of Term, A. D. 18^. And the said defendant, by E. F., his Attorney, [or in his own proper person,] says, that the declaration is not sufficient in law PLEAS AND BEMUEaBES. 733 Joinder in Demurrer, upon the Demurrer. ' ' I In the Court of Common Pleas of County, No. — , Q^-^ C of Term, A. D. 18— . And the plaintifiF says that the declaration is Bu£Scient in law. Plea in Abatement. C D "4 '^^g' (in the Court of Common Pleas of County, No, — , ^ ^ J of Term, A. D. 18 — . And the said defendant, hy U. F., his Attorney, [or in his own proper person,'] prays judgment of the said declaration, because he says that the said several supposed promises and undertaking* in the said declaration mentioned, (if any such were made,) were made jointly with one G. H., who is still living, and at the commence- ment of this s.uit was, and still is, resident within the jurisdiction of this Court, to wit, at -. -, and not by the said defendant alone ; and this the said defendant is ready to verify. Wherefore, inas- much as the said G. H. is not named in the said declaration toge- ther with the said defendant, he, the said defendant, prays judgment of the said declaration, and that the same may be quashed. Q-eneral Ismie in Assumpsit, with Notice of Set-off. C D "1 ' ^„ ' V^ the Court of Common Pleas of County, No. — , A B. j °f Term, A. D. 18-. And the defendant, ly IE. F., his Attorney, [or in his own pro- per person,] says that he did not promise in manner and form as in the declaration is alleged ; and of this he puts himself upon the country, &c. Notice of Set-off. The plaintiff will also take notice, that the defendant^ on the trial of this cause, will give in evidence and insist that the plaintiff, at the commencement of this suit, was and still is indebted to the de- fendant in the sum of dollars, for the price and value of goods before that time bargained and sold by the defendant to the plaintiff, at his request ; and in the sum of dollars, for the price and value of goods before that time sold and delivered by the defendant to the plaintiff, at his request ; and in the sum of dollars, for the price, and value of work before that time done and materials for the same provided by the defendant for the plaintiff, at his request ; and in the sum of dollars, for money before that time lent by the defendant to the plaintiff, at his request ; and in the sum of dollars, for money before that time re- 734 PLEAS AND DEMTJHKEES. ceived by the plaintiff for the use of the defendant ; and in the sum of dollars, for money found to be due from the plaintiff to the defendant on an account before that time stated between them. And that the defendant will set-off on said trial so much of the said several sums of money so due -and owing from the plaintiff to the said defend- ant, against any demand of the said plaintiff to be proved on the said trial, as will be sufficient to satisfy and discharge such demands ; and will also then and there demand a judgment against the said plaintiff for the balance of said several sums of money due to the said defend- ant, according to the statute in such case made and provided. General Issue in Debt on Simple Contract. C D "i "^ the Court of Commom Pleas of County, No. — , of Term, A. D. 18—. 'ats.' V° LB. j And the defendant, 5«/ JS. W., his Attorney, [or in his own pro- per person^ says that he never was indebted in manner and form as in the declaration is alleged ; and of this he puts himself upon the country, &c. General Issue in Beht on Bond. CD "> ' ' I In the Court of Common Pleas of County, No. — , ^ g r of Term, A. D. 18—. And the defendant, hy JE. F., his Attorney, [or in his own pro- per person^ says that the said supposed writing obligatory is not nis deed ; and of this he puts himself upon the country, &c. General Issue in Debt or Covenant on a Deed. C D "i ' f ' (in the Court of Common Pleas of County, No. — , ^\ j of — Term, A. D. 18—. And the defendant, hy E. F., his Attorney, [or in his own pro- per person,'] says that the said indenture is not his deed ; and of this he puts himself upon the country, &c. General Issue in Detinue. In the Court of Common Pleas of County, No. — , of Term, A, D. 18—. And the defendant, hy E. F., his Attorney, [or in his own pro- per person,] says that he does not detain the said goods and chat- tels m the said declaration specified, or any or either of them, or any part thereof, in manner and form as in the declaration id alleged ; and of this he puts himself upon the country, &c. PLEAS AND DEMURRERS. 785 General Issue in Trespass. CD. iln the Court of Common Pleas of County, No. — , of Term, A. D. 18— . And the defendant, hy E. F., Ms Attorney, [or in his own pro- per person,] says that he is not guilty of the trespass above laid to his charge, or any or either of them, or any part thereof, in man- ner and form as in the declaration is above alleged; and of this th.i defendant puts himself upon the country, &c. Q-eneral Issue in Case. C D "i ■ ■ I In the Court of Common Pleas of County, No. — ^, ^**J f of Term, A. D. 18—. And the defendant, 5y H. F., his Attorney, [or in his own pro- per person^ says that he is not guilty of the grievances above laid to his charge, or any or either of them, or any part thereof, in manner and form as in the declaration is above alleged ; and of this the defendant puts himself upon the country, &c. General Issue by Husband and Wife. C D., and E. D. his wife, "i In the Court of Common Pleas of ats. \ County, No. — , of A. B. j Term, A. D. 18—. And the defendants, by F. F., their Attorney, [or in their own proper persons,'] say that the said E. D. did not promise [or never was indebted] in manner and torm as in the declaration is alleged ; and of this they put themselves upon the country, &c. General Issue by an Fxecutor or Administrator. C. D., Fxecutor [or Admi- nistrator'] of, &c. Gr. n. at*. A. B. In the Court cf Common Pleas cf County, No. — , of ■ Term, A. D. 18—, And the defendant, by E. F., his Attorney, [or in his own pro- per person,] says that the said Gr. H. did not promise [or never was indebted] in manner and form as in the declaration is alleged ; and of this the defendant puts himself upon the o«untry, &c. 736 PLEAS AND DEMURfiEAS. General Issue by a Defendant sued by a wrong Name, who has appeared in Ms right Name. C. D., sued as E. D., ") In the Court of Common Pleas of "j In the Court of Comm V County, No. — , of - J 18—. ats. V County, No. — , of —t Term, A. D. A.B. And CD., against whom the plaintiff hath issued the writ of summons in this suit by the name of E.D., hy E. F., his Attorney, [or in his own proper person,^ says that he did not promise [or never was indebted^ in manner and form as in the declaration is alleged ; and of this he puts himself upon the country, &c. Plea in Bar, hy way of Traverse, in Covenant, on Indenture of Lease, for not Repairing. In the Court of Common Pleas of County, No. — , of Term, A. D. 18—. And the said defendant, hy U. F., his Attorney, [or in his own proper person,'] says that the windows of the said messuage or tene- ment were not in any part thereof ruinous, in decay, or out of re- pair, in manner and form as the said plaintiff hath above complained against him, the said defendant ; and of this he puts himself upon he country. Plea in Bar, by way of Confession and Avoidance, in Covenant, on Indenture of Lease, for not Repairing. In the Court of Common Tleas of County, No. — , of Term, A. D. 18—. And the said defendant, by F. F., his Attorney, [or in- his own proper person,"] says that after the said breach of covenant, and ' before the commencement of this suit, to wit, on the day of , A. D. one thousand eight hundred and , the said plaintiff, by his certain deed of release, sealed with his seal, and now shown to the Court here, (the date whereof is the day and year last aforesaid,) did remise, release, and for ever quit-claim to the said defendant, his heirs, executors, and administrators, all damages, cause and causes of action, breaches of covenant, debts, and demands whatsoever, which had then accrued to the said plain- tiff, or which the said plaintiff then had against the said defendant, as by the said deed of release, reference being thereto had, will fully appear ; and this the said defendant is ready to verify. PLEAS AND DEMURRERS. 737 Plea to a Count on a Promissory Note or Bill of Exchange, and one or more of the Common Counts, 7^" \ln the Court of Common Pleas of County, No. — , ats. > LB. j . T, . of Term, A. D. 18—. A. Jo. J ' And the defendant, as to the first count of the declaration, hy E. F., his Attorney, [or in his own proper person,'] says that he, the said defendant, did not make [or draw, or endorse, or accept'] the said bill of exchange ,[or promissory note] in the said first count of the declaration mentioned, in manner and form as the plaintiff hath above alleged ; and of this the defendant puts him- self upon the country, &c. And, as to the residue of the declara- tion, the defendant says that he did not promise [or- never was indebted] in manner and form as in the said declaration is above alleged ; and of this the defendant puts himself upon the country, &c. ^ P^a of the Statute of Limitations, in Assumpsit or Debt. * ■ ■ ( In the Court of Common Pleas of County, No. — , j^*^ r . of Term, A. D. 18— . And the defendant, by E. F., his Attorney, [or in his own pro- per person,] says that the said several causes of action in the decla- ration mentioned did not, nor did any or either of them, accrue to the plaintiff at any time within six years next before the commence- ment of this suit ; and this the defendant is ready to verify, &c. Replication to Plea of the Statute of Limitations, in Assumpsit or Debt. In the Court of Common Pleas of County, No. — , of Term, A. D. 18—. And the said plaintiff, by E. F., his Attorney, [or in his own proper ''person,] says that the said defendant did, within six years next before the commencement of this suit, undertake and promise in manner and form as the said plaintiff hath above complained ; and this he prays may be inquired of by the country. Joinder in Issue, or Similiter upon the Traverse. In the Court of Common Pleas of County, No. — , of Term, A. D. 18—. And the plaintiff, as to the plea of the said defendant above pleaded, and whereof he hath put himself upon the country, doth the like. 47 738 PLEAS AND DBMUKBBRS. Replication, by way qf Traverse, upon the Plea. vs. > CD. j the Court of Common Pleas of County, No. — , of Term, A. D. 18—. And the Baid plaintiff says that his said declaration, by reason of any thing in the said plea alleged, ought not to be quaShed, because he says that the said promises and undertakings were made by the said defendant alone, in manner and form as the said plan tiff hath above complained, and not by the said defendant jointly with the said G. H., in manner and form as the said defendant hath above in his said plea alleged; and this the said plaintiff prays may be inquired of by the country. Meplication, by way of Confession and Avoidance, upon the Plea. A vs. > the Court of Common Pleas of County, No. — , of Term, A. D. 18—. And the said plaintiff says that he, the said plaintiff, at the time f the making of the said supposed deed of release, was unlawfully imprisoned and detained in prison by the Said defendant, until, by force and duress of that imprisonment, he, the said plaintiff, made the supposed deed of release^ as in the said plea mentioned ; and this the said plaintiff is ready to verify. Rejoinder, by way of Traverse, upon the above Replication. C D "4 ■ ■ I In the Court of Common Pleas of — County, No. — , ^ g r .. of Term, A. D. 18— . And the said defendant Says that the said plaintiff freely and voluntarily made the said deed of release, and not by force and duress of imprisonment, in manner and form as by the said replica- tion is alleged; and of this the said defendant puts himself upon the country. Demurrer to the last Replication. C D "i ■ ■ ^ In the Court of Common Pleas of — County, No. ■ %. Y J^""^ C of Term, A. D. 18- And the said defendant says that the replication is not sufficient in law. POOR. 739 Plea for the further Maintenance of the Action. In the Court of Common Pleas of — Coimty, No. . — , of Term, A. D. 18—. The said defendant, hy E. F., his Attorney, [or in Mb own pro- per person^ says that the said plaintiff ought not further to have or maintf<,in his aforesaid action a,gainst him, because he says that after the last pleading in this cause, that is to say, on the day of , A. D. one thousand eight hundred and — . , the said plaintiff, by his certain deed of release, sealed with his seal, [the release may be here stated ;] and this the said defendant is ready to verify. Wherefore he prays judgment if the said plaintiff ought further to have or maint.ain his aforesaid action against him, &c. POOR. The Act of Assembly of Pennsylvania, of 13th June, 1836, (Pamph. L. 539 ; Furd. 952; Dunl. 715,) contains all the important provisions in relation to the support and employment of the poor, excepting those contained in special laws establishing poor-houses in particular counties. We quote oi give in a synoptical form, below, the more important pro^sions of said act. By sec. 1st. " It shall be the duty of the overseers of every district, from time to time, to provide as hereinafter directed for every poor person within the dis- trict, having a settlement therein, who shall apply to them for relief." By sec. 2d. " If such poor person be able to work, but cannot find employment, it shall be the duty of the overseers to provide work for him according to his ability ; and, for this purpose, they shall procure suitable places and a sufficient stock of materials." By sec. 3d. " It shall be lawful for the overseers of any distriU, with the con- currence and under the directions of the supervisors of the township, to employ such poor person, being a male of sufficient ability, in opening or repairing any j-oad or highway within the district." By sec. 4th. " If such poor person, by reason of age, disease, infirmity, or other disability, be unable to work, it shall be the duty of the overseers to provide him with the necessary means of subsistence " By sec. 5th. " It shall also be the duty of the overseers of every district to furnish relief to every poor person within the district not having a settlement therein, who shall apply to them for the relief, until such person can be removed to the place of his settlement." (See 5 W. & S. 535 ; 2 Penna. R. 432.) By sec. 6th. "No person shall be entered on the poor-book of any district, or receive relief from any overseers, before such person, or some one in his behalf, shall have procured an order from two magistrates* of the county for the same. And in case any overseer shall enter in the proper book or relieve such poor person without such order, he shall forfeit a sum equal to the amount or value given, unless such entry or relief shall be approved of by two magistrates as aforesaid." (See 8 W. & S. 94.) * In the counties of Northampton, Schuylkill, and Somerset, one magistrate it sufficient to sign all orders for the relief or support of paupers. 740 tooR. . By sec. 7t]i. " It shall he lawful for the overseers of every district to contract with any person for a house or lodging for keeping, maintaining, and employing such poor persons of the district as shall be adjudged proper objects of relief, and there to keep, maintain, and employ such poor persons, and to receive tlie benefit of their work ^nd labor for and toward their maintenance and support. And if any poor person shall refuse to be kept and employed in such house, he shall not be entitled to receive relief from the overseers during such refusal." By see. 8th. "It shall be lawful for the overseers of every district, with the approbation and consent of two or more magistrates of the said county, to put out as apprentices, all poor children whose parents are dead, or by the said magistrates found to be unable to maintain them, so as that the time or term of years of such apprenticeship, if a male, do expire at or before the age of twenty-one years, and if a femal^ at or before thp age of eighteen years." By sec. 9th. "A settlement may be gained in any district, 1. By any person who shall come to inhabit in the same, and who shall, for himself, and on his own account, execute any public o&fie, being legally placed therein, during one whole year. 2. By any such person who shallbe charged with, and pay his proportion of any public taxes, or levies, for two years successively. [A county tax is such a tax. 5 S. & B. 417.] 3. By any person who shall, bona fide, take a lease of any real estate of the yearly v-alue of ten dollars, [by the Act of 25th May, 1840, with reference to Phila- delphia county, ten pounds are substituted in place of ten doltars,'] and shall dwell upon the same for one whole year, and pay the said rent. [The payment by the tenant's surety is such payment. 6 B. 262.] 4. By any person who shall become seized of any freehold estate within such district, and who shall dwell upon the same for one whole year. 5. By any unmarried person, not having a child, who shall be lawfully bound or hired as a servant [see 8 Watts, 431 ; 5 Barr, 284] within such district, and shall continue in such service during one whole year. 6. By any person who shall be duly bound an apprentice by indenture, and sh.tU inhabit in the district, with his master or mistress, for one whole year. 7. By any indented servant, legally and directly imported from Europe into this Commonwfealth, who shall serve for the space of sixty days in the district into which he shall first come : Provided, that if such servant shall afterwards duly serve in any other district for the .space of twelve months, either with his first em- ployer or his assignee, he shall obtain a legal settlement in such other district. 8. By any mariner coming into this Commonwealth, and by any other healthy person coming directly from a foreign country into the same, if such mariner or other person shall reside for the space of twelve months in the district in which he shall first settle and reside." By sec. 10th. "Every married woman shall be deemed, during coverture, and after her husband's death, to be settled in the place where he was last settled ; but if he shall have no known settlement, then she shall be deemed, whether he be living or dead, to be settled in the place where she was last settled before hu' marriage." By sec. IHh. " Every illegitimate child shall be deemed to be settled in the place where the mother was legally settled at time of the birth of such child." And by sec. 12th of said Act. " If the last place of settlement of any person who shall have become chargeable shall be in any township which shall have been divided by the authority of the laws, such person shall be supported by that town- ship within the territpry of which he resided at the time of gaining such settle- ment," For further decisions of Supreme Court, in relation to what constitutes a legal settlement, see 3 W. & S. 548 ; 5 ib. 535 ; 8 ib. 94 ; 5 Whart. 430 ; 7 Watts, 527 ; 2 Harris, 138; Sib. 145, 182. By gees. 13th-24th. It is made the duty of every housekeeper who shall receive into his house any person wio has not gained a legal. settlement in some part of the Commonwealth (all mariners coming into this Commonwealth, and every other healthy person coming from a foreign country immediatdy into this Commonwealth, only excepted) within ten days after receiving such person, to give notice thereof in writing to the overseer of the proper district. If any housekeeper shall fail tc give »uch notice as aforesaid, and the person so received shall become poor and unable pooE. 741 to maintain himself, and cannot be removed to tlie place of his last legal settle- ment in any other State, if any such he hath, such housekeeper is bound to pro- vide for and maintain such poor person ; and in case of the death of such poor person without leaving -wherewith to defray the expense of his funeral, such house- keeper shall pay the overseers such sum as they shall reasonably expend for such purpose. If such housekeeper shall refuse to pay the said charges, the overseers shall assess upon him the amount necessary to maintain such poor person weekly, or such sum as shall be necessary to pay such funeral charges, and shall have power to collect the same by a warrant of distress. On complaint made by the overseers of any district to one of the magistrates of the same county, it shall be lawful for the said magistrate, with any other magistrate of the county, where any person has or is likely tobecome chargeable to such district into which he shall come, by their warrant or order, directed to such overseers, to remove such person at the expense of the district to the city, district, or place where he was last legally settled, whether in or out of Pennsylvania, unless such person shall give sufficient security to indemnify such district to which he is likely to become chargeable as aforesaid; but it shall not be lawful, by virtue of any order of removal, to separate any wife from her husband ; and it is made the duty of the guardians or overseers of the city or district to which such poor person may be removed, by warrant or order as aforesaid, to receive such poor person, under the penalty of twenty dollars for every such refusal. Any person aggrieved by any such order or removal may appeal to the next Court of Quarter Sessions for the county from which such poor person may be removed, and not elsewhere. The expenses of a pauper' becoming sick or dying qjit of his district, may be recovered from the district where settlement had been obtained. [See 7 W. R. 527.] If anyperson shall bring or cause to be brought any poor person from any place without this Commonwealth to any place within it, where such person was not last legally settled, and there leave or attempt to leave such person, the party so offending is liable to a fine of seventy-five dollars, and also for the support of such pauper, to be recovered by the overseers. > The legal obligations of certain relations to support each other are set forth in sees. 28th and 29th of said act, as follows, vy. "The father and grandfather, and the mother and grandmother, and the children and grandchildren of every poor person not able to work, shall, at their own charge, being of sufficient ability, re- lieve and maintain such poor person, at such rate as the Court of Quarter Sessions of the county where such poor person resides shall order and direct, on pain of for- feiting a sum not exceeding twenty dollars for every month they shall fail therein, which shall be levied by the process of the said Court, and applied to the relief and maintenance of such poor person. If any man shall separate himself from his wife, without reasonable cause, or shall desert his children, or if any woman shall desert her children, leaving them a charge upon the district, in any such case it shall be lawful for any two magistrates of the county, upon complaint made by the overseers of the district, to issue their warrant to such overseers, therein authorizing them to take and seize so much of the goods and chattels, and receive so much of the rents and profits of the real estate of such man or woman, as in the judgment of the said magistrates shall be sufficient to provide for such wife and to maintain and bring up such children, which sum or amount shall be specified in such warrant. But if sufficient real or personal estate cannot be found, then to take the body of such man [or woman] and bring him [or her] before such magis- trates at a time to be specified in such warrant."* For further proceedings, where property is not found to satisfy a warrant, &ee sees. 30th and 31st of said act. Sec. 82d of said act describes what persons shall be liable to the penalties imposed by law upon vagrants ; and sec. 33d authorizes the overseers to recover any property belonging to a pauper, and states how it may be applied. * In the City and County of Philadelphia, since the Act of 31st March, 1812, sec. 5th, husbands are bound to maintain the parents, grandparents, children, and grandchildren of their wives, to the extent of the value of the pi'operty acquired by their marriage. For mode of proceeding in said city and county in case of father or mother de- serting their children, or husbands deserting their wives and children, and leaving them chargeable, see sec. 6th of said act. 742 POOR. It is further, Iby sec. 34th, made the duty of the directors or overseers of the poor of the several counties in which poor-houses are or may be erected, once in every year, after the accounts shall have been audited, and settled, to make out a full and correct statement of their receipts and expenditures for the preceding year, together with a statement of the number of poor persons supported, specifying their sex, age, and infirmity, if any, and of the profits arising from all farms under their directions ; and annually, in the month of March, to publish such accounts and statement, at least twice, in two or more newspapers printed in such county, (the expense of which is to be paid out of the county treasury,) and forthwith to transmit a copy of such accounts and statement to the Governor, to be by him transmitted to the Legislature. AH fines for the use of the poor of the Commonwealth should be immediately paid over by the respective officers to the overseers or directors of the poor. If there should be no poor persons in the district, and consequently no application of the amount of such fines duing the year, the same should, at the end of the year, be paid over by the overseers to the supervisors of the highways, to be applied to the repairing of the public roads, unless the auditors of the township should judge it necessary that the whole or a part thereof should be retained as a fund for the use of the poor. By sec. 45th of the above-mentioned Act of 13th June, 1886, it is provided that "the word 'district' in this act shall be construed and taken to mean 'town- ship' and 'borough,' and every other territorial or municipal division, in and for which officers charged with the relief and support of the poor are direoted or authorized by law to be qhosen ; but nothing in this act contained shall be taken to repeal or otherwise interfere with any special provision made by law for any city, county, township, borough, or other territorial or municipal divisions," For further information upon this subject, see McKinney's "American Ma- gistrate." As stated at the commencement of this article, there are for many of the counties of the State, special legislative enactments on this subject. These, although usually harmonious with the provisions of the law above recited in their general scope, differ from it considerably in their details. In districts, therefore, where such enactments exist, it would be advisable for those interested to consult the special Acts of Assembly for such district. We have pleasure in referring for information on this subject, relative to Phila- delphia, &c., to a pamphlet recently published by the Guardians of the Poor of PhUadelphia, under the supervision of their solicitor, H. S. Hagert, Esq., contain^ ing their rules, a digest of the Acts of Assembly applying to them, with copious notes, &o., and entitled " Eules for the Government of the Board of the Guardians, and the Acts of Assembly relating to the Relief and Employment of the Poor," &o. Form of Order from two Justices of the Peace to Overseers of the Poor, to take charge of a Pauper who has not gained a settlement in the District. County, «s. To A. B. and C. D., the Overseers of the Poor, of the District of , in the County of . 'W^hereas complaint hath been made to us, two of the Justices of the Peace in and for the County of aforesaid, that a certain E,. F., on the day of , A. D. 18 — , came to the complainant's house in — ■ — — aforesaid, and there fell dangerously ill, and that the said E. P. is a poor, impotent person and unable to provide for herself, and hath not gained a settlement in the said district. These are therefore to authorize and require you to receive the said E. F. forthwith into POOR. 743 your 'care, and to make suitable provision for her, uijtil she can be removed to the place of her last legal settlement. Given under our hands and seals at aforesaid, th? day of , A. D. 18—. J. K. L. M. Form of Order from two Justiceg of the Peace to Overseers of the Poor, to take charge of a Pauper who has gained a settlement in the District. County, ss. To A. B. and C. D., the Overseers of the Poor, of the District of , in the County of , greeting : Whereas information hath been given to the sub- scribers, two of the Justices of the Peace in and for the county aforesaid, by G. H., of the said township, Farmer, that E. P., of the same township. Laborer, was yester- day, being the day of instant, thrown from a horse, and so much hurt that his life is despaired of, [or as the case may be,] and that the said E. F. is so poor as to be unable to procure the necessary assist- ance. You are hereby authorized and required to take charge of the said E. F., and to furnish him such medical and other relief as his distressed situation may call for, charging your expenses herein in your account agajpst the said district. Given under our hands and seals, the day of , A. D. 18— J. K. L. M. Warrant to bring a Pauper before a Justice of the Peace, to exa- mine him as to the place of his last Legal Settlement. County; ss. The Commonwealth of Pennsylvania, to N. 0., Constable ot Township. Whereas complaint.hath been made to J. K., one of oui Justices of the Peace in and for the said county, by the Overseers of the Poor of the Township of , that E. F. hath come to inhabit in the said district, not hav- ing gained a legal settlement there, anH that the said E. F. is likely to become chargeable to the said district. These are therefoi e to require you to bring the said E. F. before the said J. K. and such other of the Justices of the Peace of the said county as may be present, to be examined concerning the place of his last legal settlement. - Given under the hand and seal of the said J. K,, this day of , A. D. 18—. J. K. 714 pooB. Notice from Justice of the Peace to Overseers of the Poor, to appear . and show cause why a Pauper not having a Legal Settlement in the District should not he removed therefrom. County, ss. To P. Q. and R. S., the Overseers of the Poor of the District of , in the County of , greeting : You are hereby notified and riequired to appear before me, and such other of the Justices of the Peace of the said county, as shall be at the house of , in the Township of , on , the day of instant, at o'clock, — M., to show cause •why E. F., a Pauper, should not be removed from the said District of r — to the District of aforesaid. Given under my hand and seal, this day of r, A. D. 18—. J. K. Order from two Justices of the Peace to Overseers of the Poor, for the Removal from the District of a Pauper who has not gained a Legal Settlement therein. County, ss. To A. B. and C. D., the Overseers of the Poor of the District of A , in the County of- , and to P. Q. and R. S., the Overseers of the Poor of tte District of Z , in the same county. ■S^f Whereas complaint hath been made to us, the sub- ^ " scribers, two of the Justices of the Peace in and for the said County of , by the Overseers of the Poor of the said District of A , that E. F. hath lately come to inhabit in the said District of A , not having J^^ gained a legal settlement therein, and that the said E. F. Hp is likely to [or has actually'] become chargeable to the .^^j^* said District of A . We the said Justices, upon *"* due proof and consideration had of the premises, do ad- judge the same to be true ; and do likewise adjudge that the place of the last legal settlement of the said E. F- is the District of Z , in the said County of . These are therefore to authorize and require you, the above-named A. B. and C. D., Over- seers of the Poor of the said District of A , at the expense of the said District of A — • — -^, to remove and convey the said B. F. from the said District of A to the said District of Z , in the county aforesaid, and to deliver him, together with this order, or a true copy thereof, to the Overseers of the same, who are hereby required to receive and provide for the said E. F. as n settled inhabitant thereof. POOR. 745 Given under our hands and seals, the day of , A. D. 18—. J. K. L. M. Wotiee from Overseers of the Poor of one District to those of another District, of their Appeal from, the Decision of two Justices of the Peace, in the matter of the Removal of a Pauper to the alleged place of his last Legal Settlement. County, ss. To A. B. and C. D., the Overseers of the Poor of the District of A , in the County of . You are hereby notified and informed, that we, P. Q. and R. S., the Overseers of the Poor of the District of Z , in the said county, have appealed to the next Court of Quarter Sessions of the Peace to be holden for the said county, in the matter of the removal of E. F., a poor person, from the District of A aforesaid, to the District of Z aforesaid ; and that the said appeal will be duly prosecuted at the said next Court to be holden as aforesaid. Witness our hands, this day of , A. D. 18 — . P. Q., R.,S., Overseers of the Poor for the District of Z . Warrant of Justice of the Peace to Constable to Levy on and Sell goods of a Person chargeable for the support of a Pauper, to refund to Overseers of the Poor of another District their claim for costs and charges on account of said Pauper. County, ss. The Commonwealth of Pennsylvania, to 0. P., the Constable of the Township of C , in the county aforesaid, and to the Keeper of the Common Jail of the said county. ^nxf^ Whereas an order was made on the day of .^^^ by two Justices of the Peace of the County of B- for the removal of E. F., a poor person, from the District of Z , in the said County of B , to the Dis- strict of C aforesaid: from which order of removal K. L., Innkeeper, of the said Township of C , did appeal to the Court of Quarter Sessions of the Peace of the said County of B , giving notice to the Overseers of the Poor of the said Dis- trict of Z = — , according to law. And whereas the said Court did, on the day of , determine such appeal in favor of the Overseers of the Poor of the said District of Z , and did direct that the sum of dollars should be paid by the said K L. to the Overseers of the Poor of the District of Z afore- 746 POOE. said for theirreasouable costs and charges, wHob decree the said K. L. hath neglected [or "refused"'] to comply with. And whereas P. Q., one of the Overseers of the Poor of the said District of Z , hath applied to M. N., one of the Justices of the Peace in and for the said County of Y , and hath furnished our said Justice with a true copy of the order of the said Court, for the payment of such costs and charges, certified under the hand of the Clerk of the said Court. These are therefore to command you, the said Con- stable, to levy the said sum of dollars by distress and sale of the goods and chattels of said K. L. in your township, returning the overplus, if any, to him, the said K. L., after payment of the said sum, together with such legal charges as shall become due on the recovery thereof. If goods and chattels of the said K. L., of such value as to realize from the sale a sum of money sufficient to pay the said costs and charges cannot be found, we command you to take the said K. L. to the common jail of the said County of Y , and deliver him to the keeper thereof, who is hereby enjoined to receive and keep him in safe custody, without bail or mainprize, until he pay the costs and charges aforesaid. Witness the said M. N., at the of , in the County of Y , this day of , A. D. 18—. M. N. Supersedeas from two Justices of the Peace to Overseers of the Poor, to revoke Order of Removal of a Pauper from one District to another. B County, ss. To the Overseers of the Poor of the District of Z , in the County of B , and to the Overseers of the Poor of the Dis- trict of C , in the County of Y . Whereas upon the ^ — day of last past, an order was issued by the subscribers, two of the Justices of the Peace in and for the said County of B-^ , for the removal of F. G., a pauper, from the said District of Z , in the County of B aforesaid, to the District of C , in the said County of Y ; ifiuH ^^"^ whereas it sufficiently appearing to us, the said Jus- tices, that the said order of removal as aforesaid hath issued improperly and erroneously : Therefore we com- mand you, the said Overseers, that you altogether cease from any further prosecution of said order. Given under our hanqls and seals, at Z , in Z Towp- ship, in the said County of B , this day of , A. D. 18—. J. K. L. M. POOR. 747 Warrant from two Justices of tJie Peace to Overseers of the Poor, to Levy upon the Goods of a Person who has Deserted his Wife [and OhiMren,'] for a sum to support her [or them,"] or for the Arrest of said Person. County, ss. The Commonweaith of Pennsylyania, to A. B. and C. D., the Overseers of the Poor of the District of , in the County of . Whereas it appears ujito J. K. and L. M., two of our Justices of the Peace in and for said county, as well upon complaint and application of the Overseers of the Poor of the District of aforesaid, as upon due proof upon oath before our said Justices made, that E. F., of the District of , in the County of , Tailor, hath separated himself without reasonable cause from his wife Gr. p., [and deserted his two small children,] leaving her [or them] a charge upon the said district: These are therefore to authorize and require you to take and seize so much of the goods and chattels, and to receive so much of the rents and profits of the real estate of the said E. F., in your district, as shall amount to the sum of dollars, that being the sum which, in the judg- ment of the said Justices, is requisite and sufficient to provide for the wife of the said E. F., [and to maintain and bring up his said children.] And if sufficient real and personali^estate of the said E. F., for the purposes aforesaid, cannot be found in your district, then we authorize and require you to take the body of the said E. F., and to bring him before the said Justices on the day of , A. D. 18 — , at the office of J. K., in the Township of aforesaid ; and then and there make return of your pro- eeedings herein. Witness the said J. K. and L. M., Justices aforesaid, this - iay of , A. D. 18—. J. K. L. M. Warrant of Justice of the Peace to Township Collector, to Levy on Croods, ^a. of a Person, for the amount of Poor Tax assessed against said Person. County, ss. The Commonwealth of Pennsylvania, to P. K., Collector of township rates and levies for the Township of , in the County of . Whereas by a rate of assessment duly allowed and laid by the Overseers of the Poor of the township afore- said, upon the real and personal estates within said township, R. R., Blacksmith, of the said township, was rated and charged the sum of dollars, which he 1 -{8 POOR. refused (jir neglected) to pay; and whereas the said Overseers o.. the Poor have issued their warrant, dated the day of , with a duplicate of the rates and assessments by them as aforesaid laid, authorizing and requiring the said P. K., Collector as aforesaid, to demand and receive from every person in such du- plicate named the sum wherewith such person stands charged: These are therefore to authorize and em^power you, the said P. K., to levy the said sum of dollars by distress and sale of the goods and chattels of the said R. R., giving ten days' public notice of such sale by written or printed advertisement. And in case goods and chattels sufficient to satisfy the same, with costs, cannot be found, these are to authorize you to take the body of the said R. R., and convey him to the jail of the said county, there to re- main until the amount so charged, together with the costs, shall be paid or secured to be paid, or until he shall be otherwise discharged according to law ; and for so doing this shall be your warrant. Witness the said J. K., one of the Justices of the Peace in and for the township and county aforesaid, at , the day of , A. D. 18—. J. K. The following forms for Bastardy and Desertion cases, wMoh haTe been politely furnished to us by H. S. Hagert, Esq., Solicitor for the Guardians of the Poor of Philadelphia, &p., are those used in Philadelphia. Some of these may, with trifling alterations, be made applicable for use in other counties. Form of Bond of Indemnity to Q-uardians of the Poor, on settle- ment of a Bastardy [or D&seriiori] Case. Know all men by these presents, that we, C. D., of , and E. F., of , are held and firmly bound to " The Guardians for the Relief and Employment of the Poor of the City of Phila- delphia, the District of Southwark, and the Townships of the Northern Liberties and Penn," in the sum of dollars, law- ful money of the United States, to be paid to the said " The Guar- dians for the Relief and Employment of the Poor of the City of Philadelphia, the District of Southwark, and the Townships of the Northern Liberties and Penn," their certain attorney, successors, or assigns ; to which payment, well and truly to be made, we bind ourselves and each of us, and each of our heirs, executors, and ad- ministrators, jointly and severally, firmly by these presents ; and we do hereby empower any attorney of any court of record to ap- pear for us and each of us, and, after declaration filed for the above sum, thereupon to confess judgment or judgments against us and each of us, as of any time or term before or after the date hereof, and thereupon to issue execution for such sum or sums as shall, by affidavit filed in the said court, appear to be due by breach of the condition of this obligation, together with the costs of suit ; and the POOR. 749 said judgment or judgments shall afterward remain as a security for the performance of the said condition ; and, in case of any fm-- ther breach of the said condition, execution shall issue thereupon in the same manner as before. Sealed with our seals, dated the day of , in the year of our Lord one thousand eight hundred and .f*^ Whereas a certain A. B. was delivered, on the In case of J day of , A. D. 18 — , of a male [or female] bas- Bastardy. "j tard child, and has made oath that the above-bounden C. D. is the father of said child, which has Whereas the above-bounden C. D. has separated from In case of 1 his wife A. D. ["and deserted his minor children," as the Desertion, j case may be] without reasonable cause, and said wife (^[and children] has [or have] become chargeable to the inhabitants of the City of Philadelphia, the District of Southwark, and the Townships of the Northern Liberties and Penn, or some one of them : Now the condition of this obligation is such, that if the above-bounden C. D. and E. F., or either of them, their or either of their heirs, executors, or admi- nistrators, shall and do, from time to time and at all times here- after, fully and clearly acquit, free, and discharge, or well and suf- ficiently save, defend, keep harmless, and indemnify the Guardians aforesaid and their successors, and also the inhabitants of the said city, district, and townships, of and from all manner of expenses, damages, costs, and charges whatsoever which shall or may at any time hereafter arise, happen, grow, or be imposed upon them, or either or any of them, for or by reason or means of the In case of f lying-in of the said A. B., the birth, support, or cloth- Bastardy, y ing, or the medical and funeral expenses of the said child, In case of j separation of the above-bounden 0. D. from his said wife Desertion, y X. D., [and his desertion of his said minor children,] a?',d of and from all other actions, suits, troubles, charges, damages, and demands whatsoever, touching or concerning the same, then the above obligation to be void ; otherwise to stand, be, and remain in full force and virtue. Signed, sealexi, and delivered \ in presence of j Gr. H. vtiH^j" J. K. ^f***^-'- C.D. E. P. Coram and two Aldermen in and for the City [or County] of Philadelphia. , 750 POOR. Form of Oath, on Warrant of Seizure in Desertion. The Guardians for the Relief and" Employment of the Poor of the City of Philadelphia, the Dis- trict of Southwark, and the Townships of the Northern Li- berties and Penn, vs. CD. 0. P., being duly sworn [or affirmed] according to law, doth de- pose and say, I am . The said C. D. hath separated him- self without reasonable cause from his wife A. D., [and deserted his m'inor children,] leaving them a change upon the said Guardians and upon the city, district, and townships aforesaid. The said 0. D. has property, [if any property can be specified, here insert " consisting of ,"] which should contribute to the maintenance of the said A. D. [and the said minor children of the said G. D.] The facts as above set forth are true to the best of this depo- nent's, knowledge and belief. 0. P. Sworn [or affirmed] and subscribed before us, two Aldermen in aiid for the said city, [or county,] the day of , A. D. 18-. ' G. EL, J. K, Aldermen, Form of Warrant of Seizure in Desertion. Philadelphia Oity [or County,] ss. The Commonwealth of Pennsylvania, to " The Guardians for the Relief and Employment of the Poor of the City of Philadelphia, the District of Southwark, and the Townships of the Nortliern Liberties and Penn," greeting. Whereas it appears unto us, G. H. and J. K., Esqs., two Aldermen in and for the said city, [or county,] as well upon the complaint and application of the Guardians aforesaid, as upon due proof upon oath before us made, that C. D., late of the said city, [or county,] hath sepa- rated himself without reasonable cause from his wife A. D., [and deserted his minor children,] leav- ing them a charge upon the Guardians aforesaid : These are therefore to authorize and require you to take and seize so much of the goods and chattels, rights and credits, and re- ceive so much of the annual rents and profits of the lands and tene- ments of the said C. D., as shall raise and amount to the sum ot dollars, that being the sum which, in the judgment of the POOK. 751 Bald Aldermen, is required and sufficient to provide for the said wife, [and to maintain and bring up the said children;] and for so doing this shall be your warrant. Witness the said G. H. and J. K., Esqs., Aldermen aforesaid, at the city [or county] aforesaid, the day of , in the year of our Lord one thousand eight hundred and . G. H. J. K. Form of Notice of Levy, ^c. To C. D. [and others interested.] Please take notice, that by virtue of a warrant of seizure, issued by two Aldermen in and for the City [or County] of Philadelphia, on the oath [or affirmation] of 0. P., and complaint of the Guardians of the Poor, and directed to the said Guardians, (a copy of which is ' hereto annexed,) the said Guardians have seized and levied upon, [here insert a list of the articles levied upon ;] which said warrant will be confirmed at the next Court of Quarter Sessions for the said county, unless sufficient cause be shown to the contrary. Q.R., Out-door Agent for Cruardians of the Poor. July — , 18—. The said warrant of seizure and order of two Aldermen will be tailed up for confirmation in the Court of Quarter Sessions for the County of Philadelphia, on , 18 — , at A. M. H. S. H., Solicitor. Another Form of Notice of Levy, ^c. where the Property levied on consists of Rights, Credits, Moneys, Debts, Dues, and Derhands, To C. D. [and others interested.] Please take notice, that by virtue of a warrant of seizure, issued by two Aldermen in and for the City [or County] of Philadelphia, on the oath [or affirmation] of 0. P., and complaint of the Guardians of the Poor, and directed to the said Guardians, (a copy of which is hereto annexed,) the said Guardians have seized and levied upon, [here iasert a list of the articles levied upon ;] which said warrant will be confirmed at the next Court of Quarter Sessions for the said County, unless sufficient cause be shown to the contrary. And you are hereby required to pay over forthwith, to the said Guardians, the amount of such rights and credits, moneys, debts, dues, and demands, owing and belonging to the said C. D., not exceeding in amount the sum of dollars, as are now in your hands and unpaid, if the same be presently payable ; or if the same be pay- able at a future day, then to give such security in the nature of a 752 POOK. recognizance to the said Guardians as the said Aldermen or the Court of Quarter Sessions aforesaid shall direct, for a compliance ■with the order of the said Court. Q. E,., Out-door Agent for Chiardians of the Poor. July — , 18—. The said warrant of seizure and order of two Aldermen will bo called up for confirmation in the Court of Quarter Sessions for the County of Philadelphia, on , 18 — , at A. M. ^ H. S. H., Solicitor. Form of Petition of Cruardians of the Poor to Court, for Confirma- tion of Warrant. In the Court of Quarter Ses- sions of the Peace for the City and County of Philadel- phia, Term, 18 — . Sur Warrant of Seizure in De- sertion. The Guardians for the. Relief and Employment of the Poor of the City of Philadelphia, the District of Southwark, and the Townships of the Northern Li- berties and Penn, vs. CD. To the Honorable the Judges of the said Court. The Petition of " The Guardians for the Relief and Employment of the Poor of the City of Philadelphia, the District of Southwark, and the Townships of the Northern Liberties and Penn," respect- fully represents : That C. D., late of the said citi/,, [or county,'] has without reasonable cause separated himself from his wife A. D., [and deserted his minor children E. D., F. D., &c.,] leav- ing them a charge on your petitioners ; that a warrant of seizure was issued on the — day of , A. D. 18 — , by two ma- gistrates of the said citi/, [or county,'] on the oath of 0. P. and complaint of your petitioners, directed to the said Guardians, and requiring them to take and seize so much of the goods and chattels, rights and credits, and receive so much of the rents and profits of the lands and tenements of the C. D., as should raise and amount to the sum of dollars, that being the sum which, in the judgment of the said magistrates, was required and sufficient to provide for the said wife, [and to maintain and bring up the said children ;] that by virtue of the said warrant your petitioners have seized and levied upon certain, [here insert the articles levied upon,] as will appear by the said warrant and their return to the same, at present of record in this Court. Your petitioners therefore pray your Honors to confirm the said warrant, and to make such other POOK. 753 and further ordei as the case may require ; and your petitioners will ever pray, &c. H. S. H., Solicitor for Petitioners. July — , 18—. Petition of Guardians of the Poor in Desertion, Defendant being bound over. To the Honorable the Judges of the Court of Quarter Sessions of the Peace for the City and County of Philadelphia. Of Sessions, A. D. 18—. Philadelphia County, ss. The Petition of " The Guardians for the Relief and Employment of the Poor of the City of Philadelphia, the District of Southwark, and the Townships of the Northern Liberties and Penn," respect- fully represents : That C. D., late of said county, has without rea- sonable cause separated himself from his wife A. D., [and deserted his minor children,] leaving them a charge on your peti- tioners. Your petitioners therefore pray your Honors to order the payment of such sums of money as may be reasonable for the main- tenance of said wife, [and children,] agreeably to the Act of As- sembly in such case made and provided ; and your petitioners will ever pray, &c. H. S. H., Solicitor for Petitioners. Form of Bond to Guardians of the Poor, in a Desertion Case, on Order of Court. [As in " Form of Bond of Indemnity to Guardians of the Poor, on Settlement of a Desertion Case," p. 621, to ^*^.'\ Whereas complaint was made to the Court of Quarter Sessions of the Peace for the City and County of Philadelphia that the above-bounden C. D. had separated himself from his wife A. D.,. ["and deserted his mrnor children," as the case maybe,] with- out reasonable cause, leaving said wife [and children] chargeable to the said the Guardians, &c., and the said Court, at — '■ Sessions, A. D. 18 — , upon hearing, did order that the above-bounden G/ D. should pay for the maintenance of his said wife, [and children,] so neglected, the sum of dollars per week, from the day of , and to give security to them, the said Guardians,. &c., in the sum of dollars for the performance of said order,. the said wife [and children] having become chargeable to them, the- said the Guardians, &c. : Now the condition of this obligation is such, that if the above-bounden C. D., his executors and adminis- 48 754 POOB. tratora, shall well and truly perform said order, then the above obligation to be void, otherwise to stand, be, and remain in full force and virtue. Signed, sealed, and delivered \ in presence of j G.H. J.K. CD. E.F. Form of Bond to G-uardians of the Poor, in a Bastardy Case, on Order of Court. [As in " Form of Bond of Indemnity to Guardians of the Poor, on Settlement of a Bastardy Case," p. 621, to t*^.] Whereas the above-bounden C. D. was, at the Sessions, A. D. 18 — , of the Court of Quarter Sessions of the P^ace for the City and County of Philadelphia, convicted of having begotten upon the body of a certain A. B. a male [or /ewaZe] bastard cHld, (which waii born on the day of , A. D. 18 — ,) and was sen- tenced by the said Court to pay for the maintenance of such child dollars per week from its birth until it shall be • years of age, together with fifteen dollars for the lying-in expenses of the said A. B., and to give security to the said the Guardians, &c. in the sum of dollars for the performance of said order of maintenance, the said child having become chargeable to the said the Guardians, &c. : Now the condition of this obligation is such, that if the above-bounden C. D., his executors or acLministra- tors, shall and do well and truly perform said order, then the above obligation to be void, otherwise to stand, be, and remain in full force and virtue. Signed, sealed, and delivered 1 in presence of J G.H. J.K. CD. E. P. PRiEOIPB. 755 A Fkaoifh is the written mandate addressed to the Clerk or Frothonotary of a Court, by a party to a suit, or his attorney, to issue process, whether original, mesne, or final. 1 Troub. & Haly, 159, note. It is the foundation of the proceedings ; is considered part of the record, and the Courts may order amendments by it. 2 Binn. 439 ; 8 S. & B. 157. Prceeipe for Summons in Covenant. A. B. 1 vs. > In the Court of Common Pleas of County. CD. j Issue Summons to answer plaintiff of a plea, that defendant keeps with him the covenants between them made, according to the force, form, and effect of certain articles of agreement heretofore made between them. Returnable at next term, [or on the first Monday of .] J. B., Attorney for Plaintiff. August — , A. D. 18 — . G. C, Esq., Frothonotary. Prcecipe for Summons in Debt, or Case. A.B. In the Court of Common Pleas of County. A. B. ^ vs. > CD. j Issue Summons in Debt [or Case.'\ Returnable at next term, [or, if there is not time for service of writ before the first day of the term, say, " Beturnahle at second return day of next term."'] J. B., Attorney for Plaintiff. August — , A. D. 18 — . G. C, Esq., Frothonotary. Frcecipe for Writ of Replevin. A. B. 1 vs. > In the Court of Common Pleas of County. CD. j Issue writ of Replevin for two oxen, three cows, and twenty aheep, ei the value of dollars, the property of A. B., which have been unjustly seized and detained by the said C D. Returnable «t nes^ term, [or on the first Monday of .] J. B., Attorney for Plaintiff , August — , A. D. 18— > W K., Esq., Prothonotary. 756 PRECIPE. PrcBcipe in Foreign Attachment in date, or Debt. A. B. ) vs. > in the Court of Common Pleaa of County CD. / • ^ Issue writ of Foreign Attachment in Case [or Debt."] Returnable at next term, [or on the first Monday of .] Bail in dollars required. Attach goods and chattels, moneys, rights, credits, and effects, lands and tenements of the defendant, in the hands, possession, or custody of E. K., and summon him as garnishee. J. B., Attorney for Plaintiff. Augnst — , A. D. 18 — . J. S., Esq., Prothonotary. Another Form of Prmcipe in Foreign Attachment in Case. A. B. 1 vs. > In the Court of Common Pleas of County. CD. i Issue writ of Foreign Attachment in Case, founded on a certificate of deposit, indebtedness, &c. Eeturnable at the next term, [or on the first Monday of .] Direct the Sheriff to attach a certain judgment in the Court of Common Pleas of the County of , in favor of " The F. and M. Bank of ," against J. M., No. — , of TeiTn, A. D. 18 — , and all moneys due on the said judgment, in the hands of J. M., the defendant in this suit, in said judgment, or in the hands or possession of J. R., or other person in his bailiwick ; and also all moneys, goods, chattels, rights, credits, and effectSj lands and tenements in the hands, possession, or custody of the said J. M., J. R., or other person or persons in his bailiwick, and to summon the said J. M. and J. R. or other persons as garnishees. G. W. H., Attorney for Plaintiff. August — , A. D. 18 — . J. A. W., Esq., Prothonotary. Prcecipe in Domestic Attachment, A. B. -j vs. > In the Court of Common Pleas of County. C D. j Issue writ of Domestic Attachment. Returnable ai the next term, [or on the first Monday- of .] Affidavit filed. . Stipulations in dollars. Gr. W. H., Attorney for Plaintiff. August — , A. D. 18- S. P., Esq., Prothonotary. mffiJCIPB. yr-. ProBcipefor the Attachment of a Vessel. A. B. vs. The Schooner called "Betsey," C. D. owner. In the Court of Common Pleas of County. Issue writ of Attachment, and mention stipulations in the sum of dollars. Returnable at next term, [or on the first Monday of .] J. B., Attorney for Plaintiff. August — , A. D. 18 — . S. P., Esq., Prothonotary. A.B. 1 vs. V In CD. j Praecipe in Account Mender, the Court of Common Pleas of County. Issue Summons to answer plaintiff of a plea that defendant ren- der unto Mm a reasonable account for the time in which the said C. D. was receiver of the moneys of the said A. B., from whatsoever cause or contract arising, to the common benefit and advantage of them, the said A. B. and C. D., &c. Returnable at next term, [or on the first Monday of -.] W. W., Attorney for Plaintiff. August — , A. D. 18—, J. S., Esq., Prothonotary. Prcecipe in Account Bender, against a Bailiff and Receiver. A. B. ) vs. > In the Court of Common Pleas of — County. CD. j Issue Summons against C D. to answer A. B. of a plea that he render unto him a reasonable account for the time in which he was Bailiff of the goods and Receiver of the moneys of the said A. B. Returnable at next term, [or on the first Monday of .] W. W., Attorney for Plaintiff. August — , A. D. 18 — . J. S., Esq., Prothonotary. Prcecipe for Scire Facias on Mortgage. In the Court of Common Pleas of County. Issue writ of Scire Facias sur Mortgage, recorded in the Office for Recording of Deeds, &c. for the County of , in Mortgage- Y58 pk^cmb. book E., pages 56 and 57. Keturnable at next term, [or on the first Monday of .] H. B., Attorney fbr Plaint^. August — , A. D. 18 — . S. P., Esq., Prcdhanotary. A. B. 1 vs. V In CD. j Prceoipe in UJectment. the pQurt of Common Pleas of County. Issue Summons in Ejectment against defendant, to appear and answer to a certain complaint made by A. B., that he, the said 0. D., now has in his actual possession a lot of ground, situated, &c., [here describe fully the real estate ; by so doing, it is a substi- tute for a Declaration, in Pennsylvania;] the right of possession or title to which he, the said A. B., says is in hun, and not in the said C. D. : all of which he, the said A. B., avers he is prepared to prove, &c. Eeturnable at next teorm, [or on the fimt MonAayi of .] T. E., Attorney for Plaint^. August — > A. D- 18-T-i. S. P., Esq., Prothonotary. Prceoipe in Partition. A B "i ^1 the Court of Common Pleas of \ln1 C. D., E. F^and G. H. | ^°'^°*y- Issue Summons in Partition upon the complaint of plaintiff, that whereas the said plaintiff and the said defendants together and un- divided do hold a certain messuage, &c., [here describe the land,] containing acres, be the same more or less, with the appur- tenances, they, the said defendants, partition thereof between them, according to the laws and customs of the Commonwealth of Penn- sylv9,nia, to be made do gainsay, and the same to be done do not permit, very unjustly, and contrary to the same laws and customs, &c. Returnable at next term, [or on the first Monday of .] W. W., Attorney for Plaintiff. August — , A. D. 18—. W. K., Esq., Prothonotary. Another Form for Prceoipe in Partition. A. E. UnN . the Court of Common Pleas of - County. C. D., E. F., aAd Q. H. Issue Summons in Partition for the following described real estate, PRECIPE. 759 to wit, [here describe the same,] with the uppurtenances. - Return- able at the next term, [or on the first Monday of .] W. W., Attorney for Plaintiff. August — , A. D. 1^ — . J. C. M., Esq., Prothonotary. Praecipe in Execution Attachment, under the Act of 16th June, 1836. A. B. ") vs. > In the Court of Common Pleas of County. CD. J Issue writ of Attachment against C. D. for the sum of dillars, debt, with interest from the day of , A. D. 18 — , and costs, under the Act of 16th June, A. D. 1836 ; and direct the Sheriff to attach and levy upon any legacy, money, estate, or effects whatsoever belonging to the said 0. D., in the hands and possession of W. M., Executor of E. F., deceased ; and to insert in the said writ of attachment a clause in the nature of a Scire Facias against a garnishee in a Foreign Attachment, requiring' the said W. M., Executor of, &c., to appear at the next term of Ihe Court, and show cause why said judgment of plaintiff should not be levied of the effects of defendant in his hands. Returnable at next term, [or on the first Monday of .] G. W. H., Attorney for Plaintiff. August — , A. D. 18 — . W. K., Esq., Prothonotary. Praecipe for Summons in Trespass. A.B. 1 vs. V In the Court of Common Pleas of County. CD. j Issue Summons in Trespass vi et armis. Returnable at next term, [or on the first Monday of .] G. W: H., Attorney for Plaintiff. August — , A. D. 18 — . W. K., Esq., Prothonotary. Praecipe for Summons in Trover and Conversion. A.B. 1 vs. > In the Court of Common Pleas of County. CD. j ^ Issue Summons on the Case, in Trover and Conversion. Return- able at next term, [or on the first Monday of .] G. W. H., Attorney for Plaintiff. August — , A. D. 18—. S P., Esq., Prothonotary. 760 PRECIPE. PrcBcipe for Summons in Bower. the Court of Common Pleas of County. LB. 1 vs. \ In ). D. j Issue Summons to C. D., thlt justly, and without delay he render unto A. B. one third part of a messuage and. forty acres of arable land, &c., with the appurtenances, situated in, &c., [here describe the premises,] in the said County of , as the reasonable dower of the endowment of J. B., her late husband, whereof she nothing hath, &c. Eeturnable at next term, [or on the first Mon- day of .] W. W., Attorney for Plaintiff. August — , A. D. 18 — , S. P., Esq., Froihonotary. Proecipefor Summons in Detinue. A. B. \ vs. > In the Court of Common Pleas of County. CD. / ^ Issue Summons in Detinue. Returnable at next term, [or'ow this first Monday of .] J. B., Attorney for Plaintiff . August — , A. D. 18—. S. P., Esq., Prothonotary. Prcecipefor Summons in Trespass, where Suit is brought by an ^Executor. ■' ' ■ I In the Court of Common Pleas of c!d. j County. Issue Summons to C. D. to answer A. B., Executor of the last will and testament of E. F., deceased, in a plea wherefore, with force and arms, at County, the said C. D. the goods and chattels which were of the said E. P., in the hands of the said A. B. being, [or in the lifetime of the said M F. found,'] took ancl carried away, to the damage of the said A. B., and in delay of the execu- tion of the testament aforesaid. Returnable at next term, [or on the first Monday of .'\ W. W., Attorney for Plaintiff. August — , A. D. 18 — . S. P., Esq., Prothonotary. Prcecipefor Summons in Trespass, for Tearing off the Seal of Bond to Plaintiff. A. B. -j vs. \ In CD. j the Court of Common Pleas of County. Issue Summons to C. D. to answer the plaintiff in a plea wherefore, with force and arms, on the day of ■ — -, A. D. 18 — , one PE^iCIPB. 'JQ1 writing obligatory, the property of Mm, the said A. B., with the seal of him, the said 0. D., sealed, by which the said C. D. stood bound unto him, the said A. B., in the sum of dollars, lawful money of the United States, at , in the county aforesaid, the said C. D. found and took, and the seal^f the said writing obligatory, being thereunto affixed and sealed, he tore asunder from the said writing obligatory, by which the said writing obligatory aforesaid became void, and the said A. B. was of his claim aforesaid altoge- ther defrauded. Returnable at next term, [or on the first Monday of .] '^.'SR., Attorney for Plaintiff. August — , A. D. 18 — . J. S., Esq., Proihonotary Prcecipefor Certiorari to Justice of the Peace. A. B. ^ vs. V In the Court of Common Pleas of County. CD. j ^ Issue writ of Certiorari to W. G., Esq. Returnable at next term, [or on the first Monday of .] J. B., Attorney for Plaintiff. August — , A. D. 18 — . S. P., Esq., Proihonotary. Form of Affidavit to he made on application for Certiorari. County, ss. Before me, J. S., Prothonotary for the County of , per- sonally appeared the Plaintiff in Error in the above suit, who being duly sworn, [or affirmed,'] doth depose and say, that the applica- tion for the writ of Certiorari in this case is not for the purpose of delay, but that in his opinion the cause of action was not cognizable before the Justice, [or, that the proceedings proposed to be removed are, to the best of his knowledge and belief, unjust and illegal,'] and, if not removed, will oblige deponent to pay more [or to receive less] money than is justly due. Prcecipe for Execution, on Judgment affirmed on Certiorari. ^•S- \ln vs. > CD. J the Court of Common Pleas of County. No. — , of Term, A. D. 18—. Issue writ of Fi. Fa. against defendant, for damages, as per judg- ment of the Justice affirmed by the Court, and for all costs, as well of the proceedings before the Justice as of the proceedings on Cer- tiorari in this Court, Returnable at next term, [or on the first Monday of .] J; B., Attorney for Plaintiff. August — , A. D. i8— . S. P., Esq., ProtKonotary. 762 PKjaciPB. Proecipefor 8'ummonB in Assutripsit. A. B. 1 vs. V In C. D. J the Court of Common Pleas of County. Issue Summons in Treapaxs on the Case Tor in Case] in Assumpsit Returnable at next term, [or on the first Monday of- .] J. B., Attorney for Plaintiff, August — :, A. D. 18 — . G. C, Esq., Prothonotary. Prceeipe, in case of Death of Defendant, to subMitute his Executm or Administrator, and to revive Judgment. A. B. 1 vs. > In the Court of Common Pleas of — =^ Cotmty. E. F. j Issue Scire Facias on judgment No. — , of Term, A. D. 18 — , in the Court of Common Pleas of County, to show cause why the said E. F., Sceeidor of the last will arid testament of 0. D., deceased, [or. Administrator of all and singular the goods and chattels, rights and credits, which were of 0. D., deceased,'] should not be substituted as defendant in the place and stead of the said C. D., deceased ; and also to revive judgment and continue the lien, et quare exeeutio non, [with notice to terre-tenants, if there be any.] Returnable at next term, for on the first Monddij of .] G^.W.n., Attorney for Plaintiff. August — , A. D. 18—. W. K., Esq., Prothonotary. The death of the defendant should either be suggested for entry on record be- fore the Praecipe is issfued, or the suggestion should be incorporated in the Frseeipe'. The former course is more generally adopted. A. B. 1 vs. > In CD. j Prceeipefor Habere Facias in Ejectment. ft the Court of Common Pleas of County. Issue writ of Habere Facias Possessionem, with Fi. Fa. for costs Returnable at next term, [or on the first Monday of W.] J. B., Attorney for Plaintiff. August — , A. D. 18— S. P., Esq., Prothonotary, Frcecipefor Summons in Slander. A. B. ^ vs. > In the Court of Common Pleas of County. C. D. J ^ Issue Summons in Trespass on the Case in Slander. Returnable at next term, [or on the first Monday of .] G. W. H., Attorney for Plaintiff. August — , A. D. 18 — J. S., Esq., ProtTionotary. Prmeipe for Sei. Fa., on Recognizance to prosecute Suit. A. B. ^ . vs. > In the Court of Common Pleas of County. CD. / ^ Issue writ of Spire Facias on recpgnizance executed in suit No. — , of Term, A. D. 18 — , in the Common Pleas of — • County. Returnable at next term, [or on the first Monday of .] Cr. W. H., Attorney for Plaintiff. August — , A. p. 1% — . J. S., Esq., Prothonotary. ' • Praecipe for Summons in Belt, on a Sheriff's Official Bond. The Commonwealth of Pennsyl-' vania, for the use of A. B., vs. S. F., S. S., R. T. E., R. McG., J. A., and J. F. Issue Summons in Debt, founded on the official bond of S. F., as Sheriff of the County of , in the sum of dollars. Returnable at next term, [or on the first Monday of .] G. W. ^.,- Attorney for Plaintiff. August — , A. D. 18 — . J. A. W., Esq., Prothonotary. Prteeipefor Certiorari, on proceedings to deliver possession to Sheriff's Vendee. In the Couit of Common Pleas of — i County. A.B. \ vs. > In CD. j the Court of Common Pleas of - ' ■- ' .- - County. Issue writ of Certiorari to John Doe and Richard Roe, Esquires, two of the Justices of the Peace in and for the County of , to remove all proceedings, judgments, and executions, before them had and depending, between A. B., complainant, and the said C. D., f64 I RECIPE. dfifendant in error, under the ^xVctpf Assembly ^o enable purchasers at Sheriffs' or Coroners' sales to obtain possession. Returnable at next term, [or on the first Monlay of .] J. B., Attorney for Plaintiff. ^ August — , A. D. 18 — . J. S., Esq., Frothonotary. ■, ...,,:!,,■/ ,,i ' Prcecipe for Scire Facias to revive Judgment. A. B. -| vs. \ In the Court of Common Pleas of County. CD. J ^ Issue writ of Scire Facias post annum et diem, to revive judgment No. — , of Term, A. D., 18 — , and to continue the lien'e< quare executionem non, [with notice to terre-tenants, if there be any.] Returnable at next term, [or on the first Monday of .] G. W. H., Attorney for Plaintiff. August — , A. D. 18—. J. S., Esq., Frothonotary. Prcecipe for Fieri Facias. A. B. ^•\ln <)S. > D. j the Court of Common Pleas of — County, Q^^^ \ No. — , of Term, A. D. 18—. Issue writ of Fi. Fa. against defendant in this case. Returnable at next term, [or on the fit et Monday of .] J. B., Attorney for Plaintiff. August — , A. D. 18 — . J. S., Esq., Prothonotary. vs. > CD. j Prcecipe for Venditioni Exponas. the Court,of Common Pleas of County, No. — , of Term, A. D. IST— . Issue writ of Venditioni Exponas in this case. Returnable at next term, [or on the first Monday of .] J. B., Attorney for Plaintiff. August — , A. D. 18 — b J. S., Esq., Frothonotary. PRECIPE. 765 Prcecipe for Testatum Execution. A. B. 1 In the Court of Common Pleas of County, No. — , vs. V of Term, A. D. 18—, C. D. j Fi. Fa. having been issued, and returned Nulla Bona. Issue writ of Testatum Fieri Facias to the County of ■ Returnable at next term, [or on the first Monday of .] G. W. H., Attorney for Plaintiff. August — , A. D. 18 — . J. S., Esq., Prothonotary. Affidavit should t>e filed before issuing the Testatum Fi. Fa. PrcBcipefor Habere Facias in Ejectment. In the Court of Common Pleas of County, No. — , of — Term, A. D. 18—. Issue ivrit of Habere Facias Possessionem, -with Fi. Fa. for costs. Returnable at next term, [or on the first Monday of .] G. W. H., Attorney for Plaintiff. August — , A. D. 18 — . J. S., Esq., Prothonotary. Prcecipe for lAherari Facias, after Appraisement. In the Court of Common Pleas of County, No. — , of Term, A. D. 18—. Issue \rrit of Liberari Facias. Returnable at next term, [or on the first Monday of .] G. W. H., Attorney for Plaintiff. August — , A. D. 18 — . J. S., Esq., Prothonotary. Praecipe for Scire Facias to Gfarnishee^ A. B. 1 In the Court of Common Pleas of County. vs. > Original action of Foreign Attachment, No. — , of E. F. J — Term, A. D. 18— . Issue -writ of Scire Facias. Returnable at next term, [or on the first Monday of .] J. B., Attorney for Plaintiff. August — , A. r>. 18 — J. S., Esq., Prothmotary. 766 PK^ciPE. Prceeipefor Scire Facias on a Writ of Inquiry, ■ ' (In the Court of Common Pleas of County, Ko. — ^ Q_ p j of Term, A. P. 18—. Issue writ of Scire Facias, to show cause why a writ of Inquiry should not issue to inquire of the damages in the above suit, ^t- twcViMe at next term, [oi on the first Mohday of — .] J. B., Attorney for Plaintiff. August ■'— , J^ D. 18—. J. S., Esq., Prothonotary. Praecipe for Writ of Inquiry of Damages. I In the Court of Common Pleas of County, No, — , q"% \ of ^ Term, A. D. 18— . Issue writ of Inquiry of Damages. Returnable at next term, [or on the first Monday of .]' J. B., Attorney for Plaintiff. August — , A. D. 18 — . J. S., Esq., Prothonotary. Prceeipefor Fieri Facias, for Residue of Judgment. A. B. ^- ^- 1 In vs. > LD. j the Court of Common Pleas of County, No. of Term, A. J>. 1*—. Issue writ of Fieri Facias for residue of debt and costs not pro- duced by former execution. Returnable at next term, [or ori the first Monday of .] J. B., Attorney for Plaintiff. August — , A. D. .18-t— . J. S., Esq., Prothonotary. Prceeipefor Fieri Facias against Plaintiff , for Costs. A. B. ^•^•lln vs. > IB. j the Court of Common Pleas of — County, No. — , Q -Q 1 of Term, A. D. 18 — . Issue writ of Fieri Facias against the plaintiff, for costs. Return- able at next term, [or on the first Monday of ^ ■■ » — .] J. B., Attorney for Plaintiff. August — , A. D. 18— S. P., Esq.. Prothonotary. PRECIPE. 767 Prcecipefor Svmmtm, [or Capias,'] for AssauU and Battery and FaUe Imprisonment. A. B. ■) vs. > In the Court of Common Pleas of Connty. C. D. J ^ Issue Summons [or Capias] for Trespass vi et armis, and false imprisonment. Returnable at next term, [or on the first Monday of .] J. H., Attorney for Plaintiff . August — , A. D. 18 — . W. K., Esq., Prothonotary. An Affidavit must be filed before a Capias can be issned. Prceeipefor Summons against a Clergyman, for Marrying a Minor withovi consent of Parents or guardian, under the Act of 1729. A. B. 1 vs. > In the Court of Common Pleas of County. Rev. C. D. J Issue Summons in Debt, £50, against defendant. Returnable ai next term, [or on the first Monday of .] J. H., Attorney for Plaintiff. August — , A. D. 18 — . W. K., Esq., Prothonotary, Prcecipe for Scire Facias sur Mortgage containing a Proviso that the Principal shall become due on failure to pay the Interest. P. A. B. ) vs. >D. C. December Term, 1858. No. . N. F. C. j Issue Scire Facias sur Mortgage from defendant to plaintiflF, dated . Recorded in Mortgage Book , and suggest that default has been made in the payment of the half year's interest on said mortgage, which fell due , 185-, for the space of days and upwards, after such payment of interest fell due ; and that demand has been duly made of the mortgagor for payment of said interest since the same fell due. Returnable the Monday of . H. C. T., Attorney for Plaintiff. To A. K., Esq., Prothonotary. T68 PROCLAMATION. FROCLAMATIOir. A Proclamation is, 1st, a public declaration by authority of some legislative, jn. dioial, or executive power, either written or printed, or made orally ; 2d, tha paper containing said declaration. The proclamation of a Court, which is made orally by the crier, is particularly used on the meeting or opening of the Court, and at its adjournment ; and is also frequently employed to discharge persons who have been accused of crimes or mis- demeanors. It usually commences with the French word Oyez, [(fo you hear,'] in order to attract attention- Proclamation of Sheriff for holding a CourU "Whereas the Honorable A. B., President of the Court of Com- mon Pleas in the — Judicial Distript, consisting of the Counties of , and the Honorable 0. D. and E. F., Esqs., Associate Judges in County, having issued their precept, bearing date the day of , 18 — , to me directed, for holding a Court of Oyer and Terminer, and General Jail Delivery, at , for the County of , and to commence on the Monday of next, being the day of , 18 — , and to con- tinue weeks. Notice is therefore hereby given, to the Coroner, Justices of the Peace, and Constables of the said County of , that they be then and there in their proper persons, at ■ — o'clock in the noon of said day, with their records, inquisitions, examina- tions, and their other remembrancers, to do those things which to their offices appertain to be done ; and to those who are bound in recognizances to prosecute against the prisoners that are or shall be in the jail of County, that they be then and there to prosecute against them as shall be just. Given under my hand at , the day of , in the year of our Lord one thousand eight hundred and , and in the year of the independence of the United States. Proclamation, of a Court Orier on Opening Court. Oyez, Oyez, Oyez. All mann-er of persons who have any thing to do- before the Honorable the Judges of the Court of Common Pleas, [or Orphans' Court, or Court of Oyer and Terminer and General Jail Delivery, or Court of Quarter Sessions,'] here holden this day, let them come forward, and they shall be heard. Proclamation for Grand Jurors. Oyez, Oyez, Oyez. All you who have been summoned to serve as Grand Jurors, please answer to your names. . PROMISSORY NOTES. 769 Proclamation for Returns of Oonstahlea. Oyez, Oyez, Oyez. All you -who have been elected to serve as Constables of the borough and several townships in the County of ' — , come forward when called and render your returns. Proclamation for Discharge of Insolvent Debtors. Oyez, Oyez, Oyez. If any persons have ought to say why A. B., an insolvent debtor, should not be discharged according to the Act of Assembly in such case made aind provided, let them now come forward with their objection, or he will be discharged. Proclamation for Forfeiting Recognizance. Oyez, Oyez, Oyez. [What follows is then proclaimed thrice.] A. B. [the principal] j;ome forth and appear as you have under- taken to do, or you will forfeit your recognizance. Oyez, Oyez, Oyez. [What follows is then proclaimed thrice.] C. D. [the surety] bring forth the body of A. B. as you have under- taken to do, or you will forfeit your recognizance. Proclamation for Acknowledgment of Sheriff's Deed. Oyez, Oyez, .Oyez. The Sheriff of County is about to acknowledge a deed to , for a , situate in the of , taken in execution and sold as the property of . PROMISSORY NOTES. A Promissory Note is a written engagement by one person to pay anottier therein named, absolutely and unconditionally, a certain sum of money at a time specified therein. It is generally negotiable by being paid to order or to the bearer, for they are rarely limited to be payable only to a particular person named therein. For further remarks on this subject, and also numerous forms of Promissory Notes, see Bills of Exchange and Promissory Notes on Page 195-9. See Wharton's Law Dic- tionary, page 834 — it is a most excellent work. A Judgment Note differs from a common Promissory Note in having a seal ap- pended, with a power of attorney to confess judgment. The following forms of Judgment Notes are here inserted in addition to such as already are given, under Bills of Exchange and Promissory Notes. Form of Judgment-Note waiving all right to Exemption Law and to stay of execution. Philadelphia, April — , 185-. I promise to pay John Doe, or to his executors, administrators, and assigns, the sum of one thousand dollars on the first day of July next ensuing the date hereof, without defalcation, for value 49 770 PROMISSORY NOTES. • received. And I do hereby confess judgment unto the said John Doe for the said sum ; and I do hereby authorize any Prothono- tary, Clerk, or Attorney of any Court of competent jurisdiction to enter up this judgment against me, and in favor of the said obligee, with release of errors and without stay of execution. And I do hereby relinquish, waive, and dispense with all benefit, claim, or advantage of the Act of Assembly, approved the 9th day of April, 1849, entitled : " An Act to exempt property, to the value of three hundred dollars, from levy and sale on execu- tion and distress for rent," so far as this judgment is concerned; and agree not to plead or set up the same, to in any manner hinder, delay, or impede the full and prompt collection of this judgment. In witness whereof, I have hereunto set my hand and seal, the day and year aforesaid. Sealed and delivered 1 jJJS£5, in presence of f _ _ ^M ' ^ ' RICHARD ROE. "^^ Shorter Form of Judgment-Note fixing the time for stay of exe- cution. $1000. Philadelphia, January 1st, 1856. Three months after date, I promise to pay to the order of John Smith, one thousand dollars, without defalcation, for value received. And I do hereby empower the Prothonotary of any Court of Re- cord within this Commonwealth, or elsewhere, to enter judgment against me for that amount, with release of errors, &c., and costs of suit ; with stay of execution for three months. Witness my hand and seal this 1st day of January, A. D. 1856. In presence of ") ' A. B. V C. D. 1 E, F. PROTEST. 771 PROTEST. 1. A Pkotest or a Bill op Exchange or Pbohissobt Note ie a formal decla- ration made by a Notary Public, at the request of the payee or holder, for the non-payment of said promissory note, or for the non-acoeptance or non-payment of said bill, protesting that the drawer and all other parties to said promissory note or bill will be held responsible for the exchange, charges, damages, and inte- rest. Notice of protest should be forwarded to the maker or drawer, and to each of the endorsers. A protest for non-payment must be made upon the last of the three days of grace allowed after the expiration of the time expressed upon the note or bill, except that day be Sunday or a great holiday, or a day of public rest, when it must be protested on the day previous. A party receiving notice of protest is bound to notify those who stand prior to him on the bill, or he loses their security. But notice coming from any party to a bill (or his agent, as for instance a notary,) will enure to the benefit of every other party and operate as a notice from each endorser. 3 Kent, 108. Protest of a promissory note is not necessary ; but notice of non-payment is necessary to hold the endorsers. An inland bill of exchange is one drawn and payable in the same State, and with reference to it, as with a promissory note, a protest is not necessary to hold the endorsers. See 1 E. 335 ; 1 Y. 147 ; Chitty on Bills, 12 and note. " The English and Scotch law requiring protest and notice of non-acceptance of foreign* bills has been adopted and followed as the rule of mercantile law in the States of Massachusetts, Connecticut, New York, Maryland, Virginia, North Carolina, and South Carolina. But the Supreme Court of the United States have held that in an action on a protest for non-payment of a foreign bill, protest for non-acceptance or a notice of the non-acceptance need not be shown, inasmuch as they were not required by the custom of merchants in this country, and those de- cisions have been followed in Pennsylvania. (See 6 S. & R. 356)." 3 Kent, 95. But if the drawee refuse to accept because he has no effects of the drawer in hand, and the drawer had no right to draw, and no right to expect his bill would be paid, protest and notice to the drawer are not necessary. 3 Kent, 110. A third person may, after a bill has been protested for non-acceptance, accept it for the honor of the drawer or of any particular endorser. Such acceptance is termed an aecyiiaTice mpra protest. The acceptor subjects himself to the same obligations as if the biU had been directed to him ; but he can recover against the person for whom he accepts and against all who stand prior to him on the bill. The following precedents refer to decisions in the Courts of Pennsylvania on the more important points of the subject. A demand of payment of the drawer, or due diligence in endeavoring to make » demand, is necessary to charge the endorser. 4 S. & B. 480. But if the maker has absconded, and is not to be found when the note falls due, a demand of payment is not necessary in order to charge the endorser. lb. The rule seems to be, that if the drawee or maker has merely removed from his usual place of residence to another in the same state or kingdom, it is incumbent on the holder to make every reasonable endeavor to find out whither he has re- moved. But if he has absconded, that circumstance will dispense with the neces- sity of making any further inquiry after him. 2 W. & S. 405, 406. Demand upon the maker at any time before the last of the days of grace is in- sufficient. 8 W. 401. * A bill of exchange drawn in one state upon a person living in another state is a foreign bill. 1 W. C. C. R. 148. This is the meaning attached to the term foreign hill in Pennsylvania and many other states of the Union ; but in New York it is applied only to those drawn by a party out of upon one in the United States. 772 PROTEST. Notice of the dishonor of a bill or note must be given in a reasonable time , and by not giving it the holder takes the loss upon himself. 1 D. 235, 270, 252 ; 2 D. 192, 233 ; i D. 127, 163 ; 1 Y. 531 ; 1 P. C. C. 171. It is settled, that whether or not due diligence was used in making inquiry for the endorser is a mixed question of law and fact. The Court are to give their opinion on the law to the jury according to the circumstances as they appear, but the jury must decide tjie fact whether there was due diligence or net. 3 Wh. 116. Putting a letter in the post-office will be considered as notice, whether it be received or not, provided it might have reached tte person to be affected, in th« regular course of mail, but it wiU be notice only from the time at which it oughic to be received, 5 S. & R. 822. Notice to an endorser must be given, although he is beyond sea, if the place o*' his residence be known ; and reasonable diligence must be used to find out bid place of residence. 3 W. C. C. K. 206. The holder of a promissory note is bound to ^ve notice of non-payment to the endorser, although, before the day of payment, the drawer died, and the endorsei * took out letters of administration (with others) of his effects. 16 S. & E. 157. If a debtor remit a bill to his creditor, in payment of the debt, and he receives it as such, and credits the debtor, it is a payment ; and he can only sue the debtor as endorser ; and if he neglect to present it in time for acceptance and payment and to give notice of the dishonor, he makes the debt his own, whether the drawu had funds in the hands of the drawee or not. 8 W. C. C. B. 896. In the case of a guaranty of a promissory note drawn and endorsed by others the guarantor is, it seems, discharged, if notice of non-payment is not given to him, where the drawer and endorser, or either of them, is solvent at the time tLt note became due. 9 S. & B. 198. But where both are insolvent, this would be prima facte evidence that a demand on them and notice to the guarantor would be of no avail j and, therefore, noticj in such case is dispensed with. lb. And although notice be alleged in the declaration, it is not incumbent on thi< plaintiff to prove it. lb. The protest of a Notary Public is admissible in evidence under the Act of As sembly of Pennsylvania, of 2d Jan. 1815, however insufficiently or defectively thi, facts may be stated with respect to demand and notice. The question of the suff. ciency arises afterwards. 4 Wh. 486. The oertifloate of a notary public, under his notarial seal, is prima facie evidence that the person who uses it and signs the certificate is a notary, commissioned ty the Governor. 6 S. & R. 484. A bill of exchange drawn in one state upon a person living in another a said Sarah_ B., Jonathan B. B., and Charles M. T. and Lydia Ann, his wife, have contracted and agreed with the said John S. and Charles Z. for the sale of the said premises, subject to the said ground-rent, for the said sum, provided an order can be obtained from this honorable Court for the sale of the undivided interest of the said minors to the said John S. and Charles Z., for a proportionate share of the sum of eighteen thousand dollars, being the sum of three thousand seven hundred and fifty dollars. Your petitioner further says, that he believes the price or sum so offered is satiatfactory to the said Sarah B., Jonathan B. B., and Charles M. T. and Lydia Ann his wife ; that it is a better and a higher price than can, under the circumstances of the case, be obtained at public sale, and that it is greatly to the interest of all the owners of the said premises that the said sale be carried into effect. He therefore prays this honorable Court for an order authoriz- ing him to grant and convey to the said John S. and Charles Z., in fee as tenants in common, the undivided interest of the said minors (being five full equal .undivided twenty-fourth parts (5^) ) of and in the said premises, subject as aforesaid, for the said price or sum of three thousand seven hundred and fifty dollars, agree- bUO REAL ESTAiE. ably to the provisions of the Act of the General Assembly of the Commonwealth of Pennsylvania, approved the eighteenth day of April, Anno Domini 1853. (Signed) HERMAN C. City and County of Philadelphia, ss. , Herman C, the petitioner above named, being duly affirmed according to law, says that the statements made in the foregoing petition are true to the best of his knowledge and belief. Affirmed and subscribed before me,^ HERMAN C. the 20th day of May, A. D. 1853. (Signed) JOHN T., Alderman. We, the undersigned, being, with the minors in the foregoing petition named, all the parties interested in the premises therein described, do hereby declare that we have read the said petition, and believe the statements therein made to be true. We do fur- ther declare that we are satisfied with the said proposed sale, and believe that it is to the interest and benefit of all the parties interested in the said premises that the said sale be effected. f JONATHAN B. B. ,Q. ,> J SARAH B. (Signed) i j^YPj^ ^j^j^ rj; (^CHARLES M. T. Certificate of appointment of Master and Examiner to inquire and report to the Oburt as to the propriety of Sale of Meal Ustate. County of Philadelphia, ss. jj, I certify, that at an Orphans' Court for the County ,^M^^ aforesaid, held at Philadelphia on the twentieth day of «i|^m3fcMay^ A. D. one thousand eight hundred and fifty -three, "^^^ before the Honorable Oswald Thompson, President, and '*** his Associate Justices of the said Court, In the Matter of the Estate of Oliver C. and Samuel B. C, minors. The annexed petition was referred to J. K. F., Esq., to inquire and report to the Court as to the propriety of the sale as prayed for, to authorize and empower Herman C., the guardian of the said minors, to make a private sale of the undivided interest of the real estate of the said minors as therein set forth. Witness my hand and the seal of the said Court, this twentieth day of May, A. D. one thousand eight hundred and fifty-three. WASHINGTON J. JACKSON., Dep. Ol'k. 0. 0. J. K. F., being duly sworn [or affirmed] according to law, says he will perform the duty of the above appointment with fidelity. Sworn and subscribed before me, this twentieth day of May, A. D. 1853. WASHINGTON J. JACKSON., ])ep. CVk. 0. 0. REAL ESTATE. 801 In the matter of the petition of Herman C,, guardian of Oliver C. and Samuel B. C., for sale of real estate of said minors. The undersigned, appointed Master by the Orphans' Coi^rt of Philadelphia, County to inquire and report on the propriety of ^aid Bale,Tvill meet the parties interested at his office, No. — South Sixth Street, in the City of Philadelphia, on Thursday, the 26th day of May, A. D. 1853, at 4i o'clock, P. M. May 24th, 1853. J. K. F., Master. We, the parties in interest, accept service of the above notice. S. S. B. L. A. T. C. M. T. Philadelphia, May 25th, 1853. J. B. B. Report of the Master in favor of Private Sale of Beat Estate, under Aat of 18«A April, 1853. In the matter of the petition of Herman C, guardian of Oliver C. and Samuel B. C., minors, for the private sale of the undivided interest of the said minors in a certain house and lot of ground, situate, [here describe the premises,] and more particularly de- scribed in said petition, an exemplification of which is here annexed, marked B. To the Honorable, the Judges of the Orphans' Court of Phila- delphia County. , The Master appointed by the Court to report on the propriety of said sale, as appears by the certificate hereto annexed marked A., respectfully reports : That having notified the parties interested of the time and place fixed for hearing them (which notice is hereto annexed, marked C), he was, at the time and place appointed, attended by E. H., Esq., counsel for the petitioner. It was shown to the Master by competent and respectable testi- mony, viz., by the affirmation of a gentleman who had been formerly guardian of all the persons of mature age mentioned in said petition (except the husband of Mrs. T.), and who had had charge of the property described in the petition for about twenty years, and received the rents for the parties interested, that the net rent of the premises after paying taxes, ground-rent, and repairs, is about eight hundred and fifty dollars ; that the building on the lot is old and dilapidated, and that the sum of eighteen thousand dollars, which is offered for the said premises, is a very excellent pricey that it is not probable that the said pre- mises would bring more than sixteen thousand dollars if put up at public sale, and that if the undivided interest of the minors were put up at public sale it would not bring, ^anything like its pro- portion of the said sum of eighteen Jhmisand dollars ; that the proposed purchasers, Messrs. S. & Z.', are a firm who have occupied 51 802 EEAL ESTATE. the premises about eight years, and have established a business which makes the stand more valuable to them than to any other person or persons; that it is decidedly the interest of these minors that the offer stated in said petition should be accepted and the sale there prayed for effected. It further is shown to the Master that all the other parties mentioned in said petition are of mature age ; that they approve of said sale, are desirous of carrying it out, and believe it is for the interest and benefit of all the parties interested. The Master therefore respectfully reports to the Court that the sale of the undivided interest of the said minors, Oliver 0. and Samuel B. C, in the said premises at private sale, to the persons, in the manner, and upon the terms prayed for in said petition, will be for the interest and advantage of said minors and of all persons interested therein. Which is respectfully submitted. J. K. F., May 29, 1853. Master. Confirmation and Decree of Court to sell Real Estate at Private Sale. In the matter of the petition of Herman C, preseiited May 20, 1853, and referred to J. K. F., Esq., Master, to report as to the propriety of granting an order to make private sale of the interest of the minors in said petition mentioned in the real estate in the said petition fully described. The Master having made his report favorable to the prayer of the said petition, and the Court having considered the same, the prayer of the said petition is granted, and the report of the sajd Master is fully confirmed, and the petitioner is hereby authorized to make private sale of the interest of the said minors in the said real estate, upon the terms in the said petition set forth. May 28th, 1853. Report of Guardian of the Sale of Real Estaite at Private Sule, under Act of l^th April, 1858. In the matter of the petition of Herman C, guardian of Oliver C. and Samuel B. C, minor children of Charles S. C, deceased, to sell the undivided interest of the said minors in certain real estate, presented to the Orphans' Court for the County of Phila^ delphia on the 20th day of May, 1853. To the Honorable the Judges of the Orphans' Court for the County of Philadelphia. I do certify that under and by virtue of the order and decree of this Honorable Court, made on the 20th day of May, 1853, I have sold the five undivided twenty -fourth parts of the said minors, ^f and in the premises in the said petition described (subject as therein mentioned), to J. S. and C. Z., for the cash price or sum of three thousand seven hundred dollars, in accordance with the prayer of the said petition and the order and decree thereupon. HERMAN C, Guardian of said Minors. BEAL ESTAXE. 803 Form of Bond, under the Act of l^th April, 1853. Estate of . Know all men by these presents, That we, , are held and firmly bound unto the Commonwealth of Pennsylvania, in the sum of dollars, lawful money, to be paid said Commonwealth of Pennsylvania, their certain attorney or assigns, to which pay- ment well and truly to be made, we bind ourselves and each of us, our heirs, executors, and administrators, jointly and severally, firmly by these presents. Sealed with our seals, dated the day of , in the year of our Lord one thousand eight hun- dred and fifty . Whereas, at an Orphans' Court for the County of Philadelphia, held the • — day of , in the year of our Lord one thousand eight hundred and fifty , the petition of ■: was presented to said Court, and so proceeded in that on the day of , the said Court ordered and decreed that the premises therein described should be sold, and the same has been sold and is to be conveyed unto , in fee simple, clear and discharged of all trust, under the Act of 18th of April, 1853, entitled "An Act relative to the sale and conveyance of real estate," and its supplements, for the price of dollars, to be paid into the hands of the said , and to be applied accord- ing to the decree of the Court in this matter. Now the condition of the above obligation is such. That if the above bounden shall faithfully execute said trust, and truly account for and faithfully apply the said moneys so to be received according to the said trust and the decree of the said Court in the said matter, then the said obligation to be void, or otherwise to be and remain in full force and virtue. Sealed and delivered in ) the presence of J L. M. A. B. CD. i E. F. G. H 804 REAL ESTATE. Report of Examiner in Orphans' Court, undeo the Act of 18th April, 1853, m favor of a Public Sale of the Trust Estate. To the Honorable the Judges of the Orphans' Court of Phila- delphia County. The Examiner, to -whom was referred the petition of J. H., guardian of T. and A. J. M., minor children of C. M., deceased, the said petitioner therein representing that he is also the attorney of M. A. McG., therein named (an ofiScial copy of which petition is hereto annexed, marked B.), to report upon the prayer of the , said petitioner for an order to sell the real estate therein described, respectfully reports : That having been sworn to perform the duty of his appointment with fidelity, as appears by the affidavit en- dorsed upon the certificate of his appointment, hereto annexed, marked A., he proceeded to the discharge of the same on the twenty-eighth day of May, A. D. eighteen hundred and fifty-six, when he was attended by the petitioner and by D. B., acting as attorney in fact of H. M., the father of the said minors. The authority of Mr. B. so to act is contained in a letter marked " G. N., No. 1," attached to the said B.'s deposition hereto annexed. The petitioner exhibited to the examiner a certified copy of the will of A. M., deceased. The said will is dated the twenty-fourth day of , A. D. 18 — , was duly proved on the seventh day of in the same year, and is registered in the proper office at Philadelphia. It appears that the present owners of the property in question derive their title under the following clause of the said will: '■'■Item. I give and devise unto my daughters, C. O'D. and M. A. M., their respective heirs and assigns, for ever, as tenants in com- mon, all that my messuage or tenement and lot or piece of ground, situate [here describe the premises], and I hereby will and direct that in case either of my said daughters, C. O'D. or M. A. M. should die without leaving issue living at the time of her death, that then and in such case the estate and property hereinbefore given and devised to her so dying, shall go to and be enjoyed by the survivor, her heirs and assigns, for ever." Two witnesses^ D. B. and A. McD., were examined. It appears from their evidence, that both the above-named devisees, M. A. M. and C. O'D., married after the decease of the said testator ; that the said M. A. is married to T. McG., and has three children, and that she, her husband, and children are all living ; that the said C. was married to H. M., who is still living; but that she the said C. died about three years ago, leaving her surviving two children, T. and A. J. M., the wards named in the petition, who were her only issue living at the time of her decease ; and that the said T. M., one of the said wards, is recently (since the filing of the petition) deceased, in his minority, unmai^ried and without issue EEAL ESTATE. 805 The examiner is therefore of opinion that one equal undivided moiety of th^said property has become vested in the said A. J. M., in fee simple, subject to the estate for life , therein of the said H. M., her father, as tenant by the curtesy; and that the other one equal undivided moiety is vested in the said M. A. McG., subject to the devise over as provided in the said will, if she should die ■without leaving issue living at the time of her death. See John- son V. Currin, 10 Barr, 498 ; Vaughan v. Dickes, 8 Harris, 509, the cases there cited. It further appears, from the evidence of the said witnesses, that the building which formerly stood upon the said lot of ground, was destroyed by fire in 18 — ; that since that time the lot has not only remained unimproved and unproductive, but has been burthened with charges for ground-rent and taxes, and that neither the said minor nor the said M. A. McG. has any other estate, or means with which to improve it ; and that in the opinion of the witnesses it would be for the benefit and advantage of the parties interested, that it should be sold. The examiner annexes to this report the depositions of the said D. B. and A. McD., marked respectively C. and D. The petitioner also laid before the Examiner the bill of J. L. for ground-rent due on the said lot, and interest thereon, amount- ing to dollars, and tax bills on the said property for the years 185-, 185-, and 185-, and interest, and charges thereon, amounting to dollars, making an aggregate sum of dollars due on the said lot for ground-rent, and taxes and interest on the same. The said bills are hereto annexed, marked respect- ively B., F., and G. And the Examiner, at the request of M. H., also annexes to this report the petition of the said T. and M. A. McG-., marked H., testifying their desire and consent that the Court shall make an order for the sale of the said property. It will then be perceived from the evidence that the premises in question consist of a single lot of ground, entirely unimproved, owned in common by parties, one of whom has not the ability to improve it, and the other of whom is equally unable, and in addi- tion is without any adequate motive to do so ; and that not only is the said property unproductive, but is burthened with annual expenses that have already accumulated to a considerable amount, and of which one of the parties at least has not the means of discharging her portion. Under these circumstances, the Examiner thinks it is obvious that it would be for the benefit of all the parties interested, that the property should be sold, and the proceeds (after deducting ex- isting claims, commissions, and expenses) invested, under the direc- tion of the Court, for the use of the parties entitled to the land by the provisions of the, said will. The Examiner, therefore, recommends that the Court grant an 806 KEAL ESTATE. order for the sale of the said lot 0f ground, and direct the pur- chase-money to be paid into the said Court. And that 'the said Court further direct that the existing claims against the said pre- mises, and the expenses and commissions, be paid out of the said purchase-money, and that one equal moiety of the balance be invested upon such security as the said Court may approve, for the use of the said H. M., during the term of his natural life, and after his decease for the use of the said A. J. M., her heirs, execu- tors, and administrators, for ever, and that the other one equal moiery of the said balance be also invested upon such security as the said Court may approve, for the use of the said M. A. McGr. during the term of her natural life, and after her decease for the use of the said T. McG., her husband, if he shall survive her, during the term of his natural life, and after the decease of the said M. A. and T. for the use of the issue of the said M. A., if she shall leave issue living at the time of her death, their heirs, executors, and administrators, for ever; but if the said M. A. shall not leave issue living at the time of her death, then after the decease of the said M. A. and T. for the use of the said A. J. M., her heirs, executors, and administrators, for ever. All which is respectfully subipittedi G. N., Examiner. Philada., , 18—. Petition of Ghiardian under the Act of 18 A. D. 18—. j W. J. J., Clerk 0. 0. Petition of Guardian to the Court of Common Pleas to sell Minors' Real Estate under the Act of 18«A April, 1853. To the Honorable the Judges of the Court of Common Pleas in and for the City and County of Philadelphia. The petition of 0. H., Guardian of C. H. H., a minor, respect- fully represents : That at an Orphans' Court for the County afore- said, held on the day of , 1855, the petitioner was appointed guardian of the estate of the said C. H. H. That the said C. H. H., by deed duly executed, became and is seized of an undivided third part of [here describe the premises]. The peti- tioner further says that she is seized in her own right of the other and remaining two-thirds of the said premises, as tenant in com- mon with the said 0. H. H., the whole o^ said premises being subject to a mortgage of dollars, which remains unpaid. The petitioner further says that she has been offered the sum of dollars for the said premises, subject to the mortgage aforesaid (the proportional part thereof which will come to the said C. H. H. being dollars), and that the sale can be effected provided an order or decree can be obtained from this honorable Court, authorizing a private sale thereof upon the terms mentioned aforesaid. The petitioner also says that the price or sum offered is satis- factory to her, and that she believes it is a better and higher price 808 EKAL ESTATE. than can be obtained at public sale, and that it is for the interest and advantage of said minor that the same should be sold accord- ingly, and that it may be done without injury or prejudice to his estate. She therefore prays this honorable Court for an order and decree authorizing her to grant and convey to the proposed purchaser in fee, the said undivided one-third part or interest of the said C. H. H., of and in the premises hereinbefore described (the whole sub- ject to the said mortgage), for the price or sum of dollars, agreeably to the provisions of the Act of General Assembly of the Commonwealth of Pennsylvania, approved the eighteenth day of April, A. D. 1853. C. H. Certificate of the Appomtmerii of Examiner or Master. of the neti l^'" *^® Court of Common Pleas for the City and tion of C h" l ^°'^'^*y °f Philadelphia. Be it remembered. That on the 7th day of March, 1857, on the motion of E. H., Esq., the Court appointed A. J. F., Master, to report on the propriety of sale as prayed for in the petition. ■i^^fy In testimony whereof, I have hereunto set my hand and affixed the seal of the said Court at Philadelphia, this . 7th day of March, 1857. EDW. G. WEBB, ^^ Prothonotary. A. J. F., being duly sworn according to law, deposes and says, that he will well and truly perform all and singular the duties enjoined upon him by the above appointment, and a true report make to the honorable Court of all his proceedings therein. ■ A. J. F. Sworn and subscribed before me, this seventh day of March. EDW. G. WEBB, Prothonotary. tteport of the Master to the Court of Common Pleas in relation to Sale, Sj-c, under Act of l?>th April, 1853. ^ To the Honorable th^ Judges of the Court of Common Pleas for the City of Philadelphia. The Master to whom was referred the petition of C. H., by virtue of the annexed certificate, respectfully reports : That having fixed upon a time and place of meeting for the examination of the matters set forth in the petition hereto annexed, he gave notice to M. E. H., counsel for the petitioner, and to the petitioner herself, and that at the time designated, viz., on the day of , inst., at eleven o'clock in the forenoon, at his office No. Street, in the City of Philadelphia, he proceeded fully to investigate the matters referred. KBAL ESTATE. 809 It appeared in evidence before him that the petitioner about — jears ago was left a widow in comparativelj poor circumstances ; that by industry and economy she acquired means, and with a portion of it she purchased the premises described in the petition; that she had two daughters and one son ; that with a view to the future benefit of her children, she caused this property to be con- veyed to herself for life, remainder in fee to the three children ; that the two daughters have since reconveyed their interest in the said realty, and thus two-thirds of the premises is now vested in fee in the petitioner ; that the remaining one-third is vested in fee in the said C. H. H., making the petitioner and the minor, tenants in common ; that the said minor is now about 20 years of age, and that the Orphans' Court of this. City and County, as appeared by the certificate in evidence, appointed the petitioner guardian of the said minor. It also appeared in evidence before the Master that the petitioner had been offered the sum of doljars for the property by Mr. J. S., subject to an existing mortgage of dollars, which was a satisfactory price to her, and that such sale would be without injury or prejudice to the minor's interest of dollars, and greatly to his benefit, the purchase-money being substituted for the real estate so sold, and held for or applied to the use and benefit of the said C. H. H., the minor, as provided in the Act. The Master has also been waited upon by, and has examined two conveyancers of great respectability and experience, one of whom was a resident in the immediate vicinity of this real estate and conversant with the value of property in that section of' the City, and both these gentlemen concurred fully in stating that in their opinion, under no circumstances could a better price be obtained at either public or private sale than the price now offered, and that it was a most judicious sale of the premises, and probably made upon better terms than could be again obtained. The witnesses estimated the actual cash value of the premises in the market at about dollars'when well sold. The sum actually offered is dollars. The Master, after a full and careful investigation, aided by the parties, their counsel and wit- nessses, is slearly of opinion that it will be to the interest and advantage of the minor that the said real estate should be sold to the Church for the sum of dollars, exclusive of the dollars mortgage, and he therefore does not hesitate to recom- mend to your Honors the granting and approving the order and decree prayed in the petition, authorizing the petitioner to grant and convey to the said Mr. J. S., the interest of the said minor in the premises in the said petition described, and in the manner therein set forth, amounting in value to the sum of seven hundred . dollars. All of which is submitted, A. J. F., , , 185-. Master. 81(X REAL ESTATE, Common Pleas. Estate of C. H. H., a minor. In the matter of sale of the real estate of said minor by C. H., his guardian. A. F. having been approved by the Court as surety in the above matter in the sum of dollars, the Court order and direct that the purchase-money, after the deduction of the costs and charges incident to the proceedings under which sale is made, be deposited in the Pennsylvania Company for Insurances on Lives and Grant- ing Annuities, and there to remain until the settlement of the account of said guardian, after the said C. H. H. shall have arrived at full age, and then to be paid out as this Court shall order and direct. BECEIFTS. A BECEiFT is an acknowledgment in writing, tliat tlie party giving tlie same has received from tlie person therein named) the money or other things therein specified. Although expressed to be in fall of all demands, it is only prima fade evidence of what it purports to be, and upon satisfactory proof being made that it was obtained by fraud, or given either under a mistake of facts or an ignorance of law, it may be inquired into and corrected in a Court of law as well as in equity. 1 Pet. C. C. R. 182; 3 S. & K. 355; 7 S. & R. 309; 3 S: & R. 564, 589; 12 S. & E. 131; 1 Sid. 44 ; 1 Lev. 43 ; 1 Saund. 285 ; 2 Lutw. 1173 ; Co. Lit. 373 ; 2 Stark. C. 882 ; 1 W. C. C. R. 328 ; 2 Mason's R. 541 ; 11 Mass. 27 ; 1 Johns. Cas. 145 ; 9 Johns. R., 310 ; 8 Johns. R. 389 ; 6 Johns. R. 68 ; 4 Har. & McH. 219 ; 3 ib. 433 ; 2 Johns. R. 878 ; 2 Johns. R. 319. In the case of Milliken vs. Brown, 1 R. 391, it was held, that a discharge, ac- quittance, or release of a debt is valid as an accord and satisfaction, though not under seal and for a less sum ; but in Whitebill vs. Wilson, 3 P. R. 413, and Kennedy vs. Ware, 1 Barr, 451, it is decided that all agreements, merely written, and not specialties, are parol, and a consideration must be proved. A receipt on the back of a bill of exchange is prima fade evidence of payment by the acceptor. Peake's C. 25. The giving of a receipt does not exclude parol evi- dence of payment. 4 Esp. N. P. C. 214. Receipt for Canh Payment in full of all Demands. Received, Philadelphia, July 12th, 1852, from Messrs. John Jones & Co., seven hundred and twenty-six ^ dollars, in full of all demands. SITBR, PRICE & Co. $726.45. Receipt for Cash Payment in full for Account rendered. . Received, Pittsburg, July 13th, 1852, from Mr. Richard Rcie, five hundred and twelve ^ dollars, in full for account rendered to 30th ultimo. WILLIAM GREEN. $512.25, RECEIPTS. 811 Heceipt for Cash Payment on Account. Received, Reading, July 14tli, 1852, from Messrs. Brown & Green, three hundred dollars, on account. RICHARD JONES. $300. Receipt for Cash Payment in full for a Bill of Goods Just purchased, to be appended thereto. Received payment in full for above bill, [or simply " Received payment."] JOHN JONES. Receipt for Cash Payment in full for a Bill rendered. Received, Harrisburg, July 15th, 1852, from Mr. William Gray, sixty-two ^ dollars, in full for bill of groceries of 25th March ultimo. SAMUEL SMITH. $62.50. Receipt for Cash Payment in full for Goods or Chattels sold and delivered without a Bill. Received, Pottsville, July 16th, 1852, from Mr. John Jay, ninety- five dollars, in full for a horse, [or " bushels of wheat," or as the case may be,] now sold and delivered to him, [or sold and de- livered to him on the day of last."] $95. WILLIAM BROWN. Receipt for a Promissory Note, in Full or Partial Payment of a Claim. Received, Philadelphia, July 16th, 1852, from Messrs. Caleb Cope & Co., their note in our favor, dated July 1st, 1852, payable eight months after date, for sixteen hundred and thirty-two ^ dol- lars, which, when paid, will be in full of all demands, [or, in part payment of balance due us, or in full for account rendered to SOth ultimo, or, in full for bill of2ith ultimo, or as the case may be.] $1632.75. D. S. BROWN & Co. Receipt for a Draft on a third Party, in Full or Partial Payment of a Claim. Received, Philadelphia, July 16th, 1852, from Messrs. John Smith & Co., their draft on Mr. Samuel Jones, of Pittsburgh, dated this day, and payable sixty days after sight, for five hundred and twenty-five dollars, which when paid will be in full of all demands, [or, in part payment of balance due us, or, in full for account ren- dered to SOth ultimo, or, in full for bill of 24th ultimo, or as the case may be.] ROBERTS & BROWN. $525. 812 RECEIPTS. Meieipt for Rent of a Dwelling \or other] House. Received, Lancaster, April 12th, 1862, from Mr. John Jones, sixty dollars, being in full for one-quarter's rent, due on the 1st instant, of dweUing-house, [or store, pr other description of house,] JVb. — , street, [or " on street between and streets,! let by me to him. THADDEUS STEVENS. Receipt for Rent of a Farm. Received, Westchester, July 15th, 1852, from Mr. John Jones, four hundred dollars, being in full for one year's rent, due on 1st instant, of farm situated in Township, County, let by me to him. JOHN DAVIS. Receipt for Interest due on a Bond. Received, Carlisle, July 1st, 1852, from Mr. John Jones, seventy- two dollars, in full for one year's interest, due this day, on-Jiis bond to me, for twelve hundred dollars, bearing date the 1st day of July, A. D. 18 — , and payable the day of , A. D. 18 — . WILLIAM BROWN. Receipt for Full Payment of Interest and for a Partial Payment of the Principal of a Bond. Received, Pittsburgh^ July 1st, 1852, from Mr. George Smith, four hundred and sixty dollars ; sixty dollars of which sum is in full pay- ment of ope year's interest due this day, on his bond to me, for one thousand dollars, bearing date the 1st day of July, A. D. 18 — , and payable the day of • — , A. D. 18 — ; and the remain- ing four hundred dollars of said sum is in part payment of the principal of said bond. SAMUEL JONES. $460. Receipt for a Payment rrlade by ike hand of a third Party. ■ Where a payment is made by the hand of a third party, insert in any of the above forms, (excepting that for "Receipt for cash payment in full for a bill of goods just purchased, to be appended thereto,") after the name of the debtor, the words: "by the hand of A. B." In the form excepted, insert the words just named, after " Keceived payment." Receipt given by an Agent. 8^" Where a receipt is given by an agent of the creditor, add, in any of the above forms, after the name of the creditor, " per , [insert the name of the agent] ;" thus, referring to the first form, if William Brown, an agent of Siter, Price & Co., received the payment made by John Jones & Co., the receipt should be signed thus : 'SITER, PRICE &Co. Per William Bkown." RECEIPTS. 813 Receipt given hy an Attorney. • Where a receipt is given by an Attorney of the creditor, tidd, in any of the ahove forms, after the name of the creditor, " p. p.* [insert the name of the Attorney]," or "by his Attorney ;" thus, referring to the first form, if Wil- liam Brown, an Attorney of Siter, Price & Co., received the payment made by John Jones & Cq., the receipt should be signed thus: "SITER, PRICE & Co. 1 f " SITER, PRICE & Co. p. p. WiiLiAM Brown." J "' \ By their Attorney, William Brown." Receipt given to a Debtor whose Place of Residence is different from thai of the Oreditor. 'In giving a receipt, where the place of business of the debtor differs from that of the creditor, add, in any of the above forms, after the name of the debtor, his place of business ; thus, referring to the first form,.if Messrs. John Jones & Co. transact business in Pittsburgh, insert "of Pittsburgh," after the name of said firm. Receipt to an Executor or Administrator, for the Payment of a Debt due by Decedent. Received, Phfladelphia, July 17th, 1852, from Mr. Samuel Smith, Executor of th P^'' procurationem, [by procuration.] 814 RECEIPTS., Jones, deceased, sixty dollars, in full for beard and tuition of said Samuel Jones for term of my hoarding-school, commencing on the — ' day of ■■ last, and ending on the day of '■ — next ensuing, [or as the case may be.] ^ THOMAS ARNOLD. Receipt from a Person to his late Guardian, for Paymmt of Money due to said Person on coming of age. Received, Erie, July 17th, 1852, from Mr. Thomas Bums, my late Guardian, eight hundred and seventy-two ^ dollars in full [or on account, as the case may be] of balance due me by [or of my pro- portion of the estate of my late father, John Jones, due to me by"] said Thomas Burns, my late Guardian, as per his final account as ap- proved by the Orphans' Court. WILLIAM JONES. $872.45. Receipt from a Person on coming of age, to his late Chiardian, for Payment of a Legacy previously received by said Cruardian on account of his Ward. Received, Chambersburg, July 15th, 1852, from Mr. William Brown, my late Guardian, two hundred and twenty-two dollars, being in full for a legacy of two hundred dollars bequeathed to me by my late uncle Joseph Jones, together with interest thereon. $222. JOSEPH J. SMITH. The following forms would, perhaps, be more appropriately placed under the head of "Agreements ;" but believing that reference would be more likely to be made for them under the head of "Beceipts," we have so placed them. fteoeipt for Deeds hft in a Person's hands ; and the Engagement of said Person to Return them. Received, Washington, Jxily 15th, 1852, from Mr. George Clark, two several deeds or conveyances, one of them purporting to be a lease of, &c., and made between, &c. ; the other of them to be an assignment of the said lease, and made between, &c. For which several deeds of writing, I hereby engage to be accountable, and to re-deliver the same to the said George Clark on demand. Witness my hand the day and year aforesaid. WILLIS GREEN. Receipt for Cattle or Horses put out to Winter, and Agreement to Return the same in good condition, casualties excepted. Received, Mercer, November 29th, 1852, from Mr. Daniel War- ner, eight head of horned cattle, viz. four cows and four young oxen, [or horses, sheep, or swine, as the case may be,] which I promise to BCEIPTS. 815 keep through the winter, and feed them with good hay, &c., and return them on the first day of May neyt, casualties excepted, in good condition, he paying me > dollars each for the same. Witness my hand. JACOB STONE. Receipt for Lading of a Wagon. Received, Philadelphia, July 14th, 1852, from Messrs. John Brock & Son, on my wagon^ the following goods, marked, num- bered, and weighing as follows, viz : , E. L. No. 1. one tierce, weighing 400 pounds. « " 2. one hogshead 890 " " 3. one « 845 " " 4. one bale 375 " " 5, 6, and 7. three kegs 68 " " 8. one barrel 180 2748 pounds. All in good order and well conditioned, with which articles I pro- mise to proceed without delay, or unnecessary detention, to , and to deliver them in the same good order and condition, unto Edward Livingston, in aforesaid, or to his order, on his paying to me the sum of dollars per hundred pounds for said load. JOSIAH WAGNER. Form for a Set of Bills of Lading. Shipped, in good order and condition, by William Piatt & Sons, in and upon the barque [or ship, or brig, or as the case may be,] called the Win- field Scott, whereof John Jones is Master for this present voyage, and now lying in the port of Philadelphia, and bound for Liverpool. P. Nos. 1 a 50. Fifty bales of Cotton. P. Six hundred barrels of Flour. Being marked and numbered as in the margin ; to be delivered in the like good order and con- dition, at the aforesaid Port of Liverpool, (the dangers of the seas only excepted,) unto Brown, Shipley & Co., or to their assigns, thei/ paying freight for said goods at the rate of , with [or without'] primage and average accustomed. In witness whereof, the Master (or Purser) of the said barque [or ship, or as the case may be,] hath 'i^^ RECITALS. affirmed to three* [or four] bills of lading, all of this tenor and date, one of which being ac- complished, the others to stand void. Dated at Philadelphia, the day of , 18 — . JOHN JONES, Waster. [Or Samuel GEBBir/or John Jones, Master.] BJECITALS. A Recital is tbe repetition of some former writing, or the statement of some- thing which has been done. Touohst. 76. Recitals are used to explain those matters of fact which are necessary to make the transaction intelligible.- 2 Bl. Com. 298. Thus, in a deed, it is frequently necessary to recite certain matters connected with the title, for the purpose of explaining its derivation. Recital of Title ly Patent. Whereas the Commonwealth [or the SonoraUe John Penn, ^c, late Proprietaries] of Pennsylvania, by patent or grant under the great seal, bearing date the day of , A. D. one thousand seven hundred and , for the consideration therein mentioned, did grant or confirm unto A. B., and to his heirs and assigns, a certain tract of land situate ib the Township of , in the County of aforesaid, by marks and bounds in said patent particularly .described, containing acres and the allowance of six per cent, for roads, &c., with the appurtenances : To hold the said to him, his heirs and assigns for ever, as in and by the said recited patent, (recorded in the Land Office, in Patent Book B, page ,) relation being thereunto had, more fijlly and at large appears. Form for Recital of Title ly Deed. It being the same [or part of the same] premises which E. F. and M., his wife, by indenture, bearing date the day of , A. D. one thousand eight hundred and , for the considera- tion therein mentioned, did grant and confirm unto the said A. B., (party hereto,) and to his heirs and assigns for 6ver, as in and by * A set of bills of lading usually consists of three, one of which is retained by the master of the vessel, one by the shipper, and the third is forwarded by the shipper to his consignee, by the vessel carrying the consignment. It is, however, not unusual tu make the set consist of four, so that the shipper may forward one of the set by steamer or some other expeditious conveyance. RECITALS. 817 the said in p&H recited indenture, (recorded in the office for the re- cording of deeds at , in and for the County of , in book A, page >-,) relation being thereunto had, more fully and at large appears. Form for Recital of Title ly Devise. It being the same lot of ground which H. H., late of the Town- ship of and county aforesaid, Farmer, deceased, in and by his last will and testament, in writing, bearing date the day of , A. D. one thousand eight hundred and , did give and devise linto the said A. B. (party hereto) in fee, as in and by the said recited will, (since his decease duly proved, and remaining in the Register's Office at ,) recourse being thereunto had, more fully and at large appfears. Recital of Title hy Deed and Devise. It being the same premises which T. V. and M., his wife, by in- denture bearing date the day of , A. D. one thousand eight hundred and , for the consideration therein mentioned, did grant and confirm unto C. B., and to his heirs and assigns, as in and by the said in part recited indenture, (recorded, &c.i) rela- tion being thereunto had, appears. And the said C. B. being so thereof, in his li^time, lawfully seized in his demesne, as of fee of and in the said preta'ises, made his last will and testament in writing, bearing date the day of , A. D. one thousand eight hundred and , wherein and whereby (amongst othet things) he did give and devise the same unto his son A. B. (party hereto) in fee, as in and by the said recited will, (since his decease duly proved, and remaining in the Register's Office at ,) recourse being thereunto had, appears. Recital of Title hy Descent, Whereas by force and virtue of said recited indenture, or of some other good conveyances or assurances in the law duly had and exe- cuted, the said A. B. became, in his lifetime, lawfully seized in his demesne, as of fee, of and in the said tract of land, with the appur- tenances, and being so thereof seized, died intestate, leaving issue four children, to wit, John, James, Mary, (the wife of I. S.,) and Thomas, to whom the same, by the laws of Pennsylvania relating to intestates, did descend and come. Rgcital of Title hy Patent, Descent, and Deed. It being the same tract of land which the Commonwealth of Penn- sylvania, by patent, bearing date the day of , A. D. 52 818 KECITALS. one thousand seven hundred and , (recorded in the Land Offiee for the State of Pennsylvania, in Patent Book C, page ,) for the consideration therein mentioned, did grant and confirm unto K. B. in fee, who being thereof lawfully seized, died intestate, leasing issue E. B. and N., intermarried with N. S., to whom the same, by the laws of Pennsylvania, did descend and come. And the said B. E. and N. S., and N., his wife, by their joint indenture, bearing date the — day of , A. D. one thousand eight hundred and , for the consideration therein mentioned, did grant and confirm the same unto the said A.. B. (party hereto) in fee, as in and by the said indenture, (recorded in. the ofiSce for re- cording of deeds at -, in book B, page ,) relation being thereunto had, appears. Recital of Title by Deed of Partition. And whereas, by indenture of partition between the said A. B. of the one part, and the said G. H. of the other part, bearing date the day of A. D. one thousand eight hundred ^nd — : , partition of the said messuage, &c., with the appurtenances, was made between the said parties, wherein and whereby the piece or parcel thereof, bounded and limited as follows, to wit : Beginning, &c., containing acres and allowance aforesaid, was released and confirmed to the said G. H., his heirs and assigns : To hold to him, the said G. H., his heirs and assigns, in severalty for ever, as in and by the said indenture of partition, (recorded in the oflSce for recording of deeds at , in book E, page ,) relation being thereunto had, appears, Mecital of Title, hy Order of Oourt, in Partition, to one of the Heirs of a Decedent, who takes the Property at Valuation. It being the same premises of which A. B. died intestate, and upon which, on due application to the Orphans' Court for th'e County of , an order was granted by the said Court, whereupon the said premises were duly valued and appraised, and by the said Court adjudged and confirmed on the day of , A. D. one thousand eight hundred and , unto the said L. B., eldest son of the said deceased, [or as the case may be :] To hold the same to the said L. B., and to his heirs and assigns for ever, as in and by the records and proceedings of the said Court, relation being there- "into had, appears. Recital of Title ly Writ of Partition, And whereas by virtue of a certain writ de partitione facienda, issuing out of the Court of Common Pleas for the County of ^aforesaid, bearing date the day of , A. D. one thou- KECITALS. 819 sapd eight hundred and , for partition of the said tract of land, with the appurtenances, there was duly allotted and assigned unto the said G. H. a certain piece or parcel of land (part of the said tract) bounded and described as follows, viz. beginning at, &c., containing acres and allowance aforesaid, with the appur- tenances : To hold the same to him, the said Gr. H., his heirs and assigns, in severalty for ever, as by the said writ de partitione foci- enda, and return of the Sheriff thereupon duly made, and remaining amongst the records and proceedings of the said Court of the term of , one thousand eight hundred and , recourse being thereunto had, appears. Recital of Title hy Sheriff on a Writ of Venditioni Exponas. And whereas I. S., High Sheriff of the County of afore- said, by deed poll, under hxs hand and seal, bearing date the day of , A. D. one thousand hundred and , for the consideration therein mentioned, did, by virtue of a certain writ of venditioni exponas therein recited, grant and .confirm unto C. D., and tp his heirs and assigns, all that the said messuage or tenement and tract of land, containing acres, late the estate of the said A. B., with the appurtenances : To hold the same to the said C. D., his heirs and assigns for ever, according to the Act of General Assembly in such case made and provided, as by the said recited deed poll, duly acknowledged, and entered among the re- cords of the Court of Common Pleas of the said county, relation being thereunto had, appears. Recital of Title ly Sheriff for Property of a Decedent. It being the same lot of ground, No. — , which E. F., High Sheriff of the County of '—, by deed poll, under his hand and seal, bearing date the day of , A. D. one thousand eight hundred and ' , for the consideration therein mentioned, did (as late the estate of S. B.) grant and confirm unto the said TL. L., party hereto, in fee, as in and by the said deed poll entered among the records of the Court of Common Pleas for the County of , (and recorded in the office for recording of deeds at , •n book- C, page ,) relation being thereunto had, appears. Recital of Title by Attorney, And whereas the said C. D.j by his Attorney E. P., (by letter of attorney, under the hand and seal of the said C. D., bearing date the day of , A. D. one thousand eight hundred and , lawfully constituted,) did, by indenture, bearing date the day of — ■ , A. D. one thousand eight hundred and , for the consideration therein mentioned, grant and confirm 820 RfeCITALS. unto G. H., and to his heirs arid aBsigns, all that messuage or tene- ment, plantation, and tract of — acres of land, ■with the appur tenances : To hold the same to him, his heirs and assigns, for ever; as in and by the said last-recited indenture, (recorded in the office for the recording of deeds at , in book A, page ,) relation being thereunto had, appears. Meeital of Title hy Executors. And wheireas the said M. R. and E. E,., Executors of the last will and testament of the said I. R., deceased, by virtue of the power and authority to them given by the said will, and pursuant to the di]:ectiona thereof, did, by. indenture, under their hands and seals, bearing date the day of , A. D. one thousand eight hundred and , for the consideration therein mentioned, grant and confirm unto E. F., and to his heirs and assigns, all that the said messuage or teriement and tract of acres of land, with the appurtenances : To hold the same to him, his heirs and assigns, for ever, as in knd by the said recited indenture, (recorded in the office for the recording of deeds at , in book 0, page —. — ,) relation being thereunto had, appears. Meeital of Title hy Administrator, And whereas C. B., Administrator of all and singular the goods and chattels, rights and credits, which were of the said A. B. at the time of his death, who died intestate, by virtue and in pursuarce of an order of the Orphans' Court of the said County of r , for the sale of ^ the; real estate of the said intestate, by indenture, under the hand and s^al of the said 0. B., bearing date the day of , A. D. one tiiousand eight hundred and -, for the consideration therein mentioned, did grant and confirm unto F. Gr., and to his heirs and assigns, all that the said above-men- tioned and described tract of ''■ ' ' ' acres and allowance aforesaid, with the apjlirtenances ; To hold the same to him, his heirs and assigns, for ever, as in and by the last-recited indenture, (recorded in the office for recorditig of deeds, at , m book D, page ■ ' ■ ,) relation being thereunto had, appears. BECORDS. 821 BECOBDS. The laws of Oongresa are under authority of article 4 and section 1 of the Fede- ral Constitution, which is in these words: "Full faith and credit shall be given in each State to the public acts, records, and judicial proceedings of every State. And the Congress may, by general laws, prescribe the manner in which such acts, records, and proceedings shall be proved, and the effect thereof." The first Congressional provision on the subject is the Act of 26th May, 1790, as follows: " The Acts of the Le^slatures of the several States shall be authenticate il by having the seal of their respective States affixed thereto. The records and judicial proceedings of the Courts of any State shall be proved or admitted in any other Court within the United States, by the attestation of the clerk, and the eeal of the Court annexed, if there be a seal, together with a certificate of the judge, chief justice, or presiding magistrate, as the case may be, that the said attestatiou is in due form. And such records and judicial proceedings so authenticated, shall have such faith and credit given them, in every Court within the United States, ns they have by law or usage in the Courts of the State from whence the said records are, or shall be taken." For farther information on this subject, see the very valuable United States Digest of the Laws, from 17S9 to 1867, with notes and references to decisions of the Courts, by Frederick C. Brightly, Esq. Certificate of Record under Act of Congress. Commonwealtli of Pennsylvania, 1 City of Philadelphia, j"®*' I, Charles W. Carrigan, Register for the probate of wills, and granting letters of administration in and for' the County of Phila- delphia, do hereby certify that the foregoing are full, entire, accu- rate, and exact copies of the last will and testament of the late Dr. Peter Shoenberger, and of the probate thereof, and of the letters testamentary granted thereon, as the same now remain of record in my office, to which full faith and credit should in all respects be given. Witness whereof, I have hereunto set my hand and affixed the seal of my office as Register afore- [Register's seal.] said, at the City and County of Philadelphia, this day af , A. D. eighteen hundred and * fifty-seven: CHARLES W. CARRIGAN, Register. Certificate of President Judge in relation to the Register for Pro- bate of Wills, ^0. Commonwealth of Pennsylvania, 1 City of Philadelphia, J I, Oswald Thompson, President Judge of the Court of Common Pleas of the City and County of Philadelphia, do certify that Charles W. Carrigan, above named, is now, and at the time of signing the above was Register for the Probate of Wills and grant- ing letters of administration in and for the County of Philadelphia 822 RECORDS. aforesaid, and that his above certificate and attestation are in due form, and that full faith and credit should be given to the same. Witness my hand, this day of , .A. D. 1857. OSWALD THOMPSON, President Judge. Certificate of Prothonotary or Cleric, in relation to the President Judge. Commonwealth of Pennsylvania, "1 City of Philadelphia, /**• I , Prothonotary of the Court of Common Pleas of the City and County of Philadelphia, do hereby certify that Oswald Thompson, whose signature is subscribed to the foregoing certifi- cate, is now and was at the time he subscribed the said certificate. President Judge of the Court of Common Pleas of the City and County of Philadelphia, duly commissioned and qualified, and to whose acts as such full faith and credit should be given. In witness whereof I have hereunto set my hand, rsi 1 f r +1 ^"^^ afiBxed the seal of my office as Prothonotary LSeai 01 t^ourt.j aforesaid, at the City and County of Philadel- phia, this day of , in the year of our Lord one thousand eight hundred and fifty seven. EDWARD G. WEBB, Prothonotary. RELEASE. A Release is, 1. The discharge of a right of action which a man has, or may claim against another, or that which is his. Touch. 820. The operative words are "remise, release, quitclaim, discharge, and acquit;" but others will answer the purpose. Sid. 265; Cro. Jao. 696; 9C. 52; Show. 331. 2. The conveyance of a man's interest or right which he hath unto a thing, to another that hath the; possession thereof, or some estate therein. Touch. 320. The words generally used in such conveyance are "remised, released, and for ever quitclaimed." Litt. sec. 445. Releases of land are, in respect of their opera- tion, divided into four sorts, viz. those that enure, 1. By way of passing the estate. 2. By way of passing the right. 3. By enlargement of the estate ; ' and 4. By way of extinguishment. See 4 Cruise, 71 ; Co. Litt. 264. Release upon a Mortgage. Whereas A. B., by indenture of mortgage, dated the day of , A. D. 18 — , recorded in the office for the recording of deeds, &c., at , in Mortgage-book B, page , did grant in mortgage to me, C. D., of the Township of , in the County of , to secure the payment of the sum of •. dollars, with RELEASE. 823 interest, a certain messuage, tenement, &c. [here describe the pre- mises as set forth in the mortgage.] And whereas the said A. B, is desirous of having his said messuage and lot relieved from the operation of said mortgage. Now I, the said C. D., in consideration of the premises, and of the sum of one dollar, to me in hand paid, by the said A. B., the receipt whereof I do hereby acknowledge, have covenanted, promised, and agreed, and hereby do, for myself, my executors, administrators, and assigns, covenant, promise, and agree with the said A. B., his heirs and assigns, that no execution, or other final process, or pro- ceeding in law, shall be sued, levied, taken, or executed by me, my heirs, executors, administrators, or assigns, by virtue of the said mortgage, on, for, or against theijpeBSuage and lot conveyed by the said A. B. to me, the said C. D-JaSvabove recited ; and, by thescy presents, do remise, release, and for CTfer-qjiitclaim unto the s^id A. B., his heirs, executors, administrators, an3"'assrgi»ftbe-afore- said described premises. In witness whereof, I, the said C. D., have hereunto set my hand and seal, the day of , A. D. one thousand eight hundred and . Signed, sealed, and delivered \ in presence of / E. F. G. H. CD. For form of Acknowledgment of Release, see page 2C>. Release of Bower ly indorsement. Know all men by these presents, that I, M. W., widow and relict of the within-named H. W., deceased, for divers good causes and considerations, and especially for and in consideration of the sum of one dollar, to me in hand paid, by the within-named C. D., at and before the ensealing and delivery hereof, the receipt whereof I do hereby acknowledge, have remised, released, quitclaimed, and by these presents do remise, release, and quitclaim unto the said C. D., and to his heirs and assigns, all and all manntr of dower and right, and title of dower, and other interest, right, or title whatsoever, which I, the said'M. W., now have, or may, might, should, or^pf right ought to have or claim, of, in, to, or out of, all that the within- mentioned messuage, &c., granted to the said C. D., and every part and parcel thereof, with the appurtenances : and also, all manner of action and actions, writ and writs of dower, or other aetions, and right to make distress, whatsoever: so that neither I, the said M. W., nor any other pergon or persons whatsoever, for me, or in my name, right, or stead, any manner of dower, or writs of dower, or actions, right or title of dower, or other interest, claim, or demand 824 RELEASE. wha.tsoever of, or ia the said messuage, &c., hereditaments and pre- mises within pientioned, or of or in any part or parcel thereof, at any time hereafter, shall or may have, claim, or prosecute against the said C. D., his heirs or assigns. In ■witness, Sio. Melea^^ from the Lien of a Judgment. Whereas J. D., of , has obtained a judgment in the Court of Common Pleas of County, against A. C., of , Car- penter, (it being No. — of Term, A. D. 18 — ,) for the sum of dollars and costs, which judgment now remains a lien on all the real estate of the said A. C. within the county aforesaid. And whereas the said A. -0. hath requested that all that messuage, piece, or parcel of land situated, &c., [here describe it,] which was conveyed to him by E. F. and wife, should be exonerated and dis- charged from the lien and operation of the judgment aforesaid. Now know ye, that the said J. D., favoring the request of the said A. C, and in consideration of one dollar lawful money of the United States, at the execution hereof by the said A. C. well and truly paid, the receipt whereof is hereby acknowledged, hath exonerated and discharged, and hereby doth exonerate and dischiirge the above- described messuage, piece, or parcel of land, with the appurtenances, of and from the lien and obligation of the said judgment, and of and from all suits, actions, executions, costs, damages, and demands whatsoever, for or on account, or by reason of the said judgment ; provided, however, that nothing herein contained shall be construed so as to impair the operation of the said judgment against the said A. C. and his estates other than against the messuage, piece, or parcel of land herein before expressly mentioned and described. In witness, &c, J. D. Release to an Executor hy Legatees, for Payment of Legacy. Know all men by these presents, that Henry Benson, J . and Mary his wife, late Mary Miles, one of the daughters and legatees named in the will of William Miles, late of the Town- ship of , in the Coiinty of : — , and State of Pennsylvania, deceased, do hereby acknowledge that they have this day had and received of and from David Jones, Executor of the last will and testament of the said William Miles, deceased, the sum ,of dollars, in full satisfaction and payment of all such sum or sums of money, .legacies, and bequests as are given and bequeathed to the said Mary, by the last will ^nd testament aforesaid, and all interest accrued thereon. BELBASB. '825 Afi,i therefore the said Henry Benson and Mary, his wife, do by these presents remise, release, quitclaim, and for ever discharge the said David Jones,, his heirs, iasecutors, and administrators, of and from the said legacy or legacies, and of and from all actions, suits, payments, acoovnts, reckonings, claims, and demands whatsoever, for or by reasofi thereof^ or of aiiy other act, matter, cause, or thing whatsoever, from the beginning of the world to the day of the date of these presents. ' In witness whereof we have hereunto set our hands and seals, this day of , A. D. 18—. HENRY BENSON. MARY BENSON. Release to an Administrator by an Heir of Decedent for Payment of Ms Share of Decedent's Ustate. Know all men by these presents, that I, Samuel Williams, of : — , one of the sons of Henry Williapas, late of the Township of , in the County of and State of Pennsylvania, deceased, who died intestate, do hereby acknowledge, that I this day have had and received of and from Thomas Robinson, Administrator of the estate of the said Henry Williams, deceased, the sum of dollars, in full satisfaction and payment of all such suim or sums of money, share or shares, purparts, and dividends which were due, owing, payable, and belonging to me, by any means whatsoever, for or on account of my full share, part, or dividend of the real and per- sonal [or personal, as the case may be,] estate of my said father, deceased. And therefore I, the said Samuel Williams, do by these presents remise, release, quitclaim, and for ever discharge the said Thomas Robinson, his heirs, executors, and administrators, of and from the said share or dividend of the estate aforesaid, and of and from all actions, suits, payments, accounts^ reckonings, claims, and demands whatsoever, for or by reason thereof, or of any other act, matter, cause, or thing whatsoever, from the beginning of the world to the day of the date of these presents. In witness whereof 1 have hereunto set my hand and seal, this : — '— day of , A. D. 18--. SAMUEL WILLIAMS. 826 RELEASE. Release of Q-uardian by Ms Ward, for Payment of her Property to her, on eomi'ng of age. Know all men by these presents, that I, D. S., of , Spwr ster, having attained the age of twentyrone years, do hereby ac- knowledge, that I this day have had and received of and from E. E.,, my Guardian, duly appointed by the Orphans' Court of the said County of , the sum of dollars^ogether with tha bond to him given by my brother, J. S., and his sureties, agreeably to the order of the said Cour_^ in full satisfaction and payment of my share of the estate, real mi personal, of my late father, W. S., deceased. And therefore I do, by these presents, remise, release, quitclaim, and for ever dischwge the said E. E., his heirs, executors and administrators of and from the said guardianship, and of and from the_said legacy or legacies, and of and from all actions, suits, payments, accounts, reckonings, claims, and demands whatsoever, for or by reason thereof, or of any other act, matter, cause, or thing whatsoever, from the beginning of the world to the day of the date" ':-f these presents. '^^f^ In witness, kv. " ^^^v^k. General Release of all Demands. Know all men by these presents, that I, A. B., of , as well /or and in consideration of the sum of one doUar, to me in hand paid by C. D., of , at and before the sealing and delivery hereof, the receipt whereof I do hereby acknowledge, as for divers other good causes and valuable considerations, me thereto specially moving, have remised, released, quitclaimed, and for ever discharged, and by these presents, for me, my heirs, executors, and administra- tors, do remise, release, quitclaim, and for ever discharge the said C. D., his heirs, executors, and administrators, and every of them, of and from all, iand all manner of action and actions, cause and causes of action and actions, suits, debts, dues, duties, sum and sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, agreements, promises, variances, damages, judgments, extents, executions, claims, and demands, whatsoever, in law or equity, or otherwise hotfsoever, which against the said C. D. I ever had, now have, or which I, my heirs, executors, or administrators hereafter can, shall, or may have, for, upon, or by reason of any matter, cause, or thing whatsoever, from the beginning of the world to the day of the date of these presents. -'^^^ In witness, &c. ^^'^l^ Mutual Release of Oo-partners or Traders, on Settling Accounts. Whereas sundry accounts current, and otherwise, and divers dealings in trade, have been subsisting and depending, for many years last past, between A. B., of the of , in the BBLEASB. 827 County of — > and State of Pennsylvania, and C. D., late of the aforesaid, but now of the of , which said accounts and dealings they haVe balanced and adjusted ; by which it appears that nothing remains due from one to the other : there- fore, to prevent any further disputes touching and concerning such accounts and dealings, and to ascertain and con&m such balance and adjustment, they, the said A. B. and C. D. have mutually agreed to give and execute reciprocal releases to each other. Now know all men by these presents, that the said A. B., for the considerations aforesaid, and to prevent all future disputes, for himself, his heirs, executors, and administrators, hath remised, re- leased, quitclaimed, and for ever discharged, and by these presents doth remise, release, quitclaim, and for ever discharge unto the said C. p., his heirs, executors, and administrators, all and all manner of actions, causes of action, suits, debts, dues, sums of money, ac- counts, reckonings, bonds, specialties, covenants, contracts, con- troversies, agreements, promises, variances, damages, judgments, executions, claims, and demands whatsoever, both at law and in equity, which against the said C. D., his heirs, executors, and ad- ministrators, he, the said A. B., now hath, or ever had, on account of their said mutual dealings, or for or by reason of any other cause, matter, or thing whatsoever, from the beginning of the world to the day of the date of these presents. In witness, &c. Tlie coimterpaTt of the above should be given by C. D. to A. B., reversing the order in which the names appear in the above form. A Release of Mechanics' Liens. Whereas we, the subscribers, have erected and furnished mate- rials for erecting a [here describe the building,] belonging to C. D., of , on a lot or piece of ground situated, &c., [here describe the real estate on which the building is situated.] And have agreed to release all liens which we, or any or either of us have, or might have, on the said real estate and brick building, by reason of materials furnished, or work performed, for erecting the same. Now these presents witness, that we, the subscribers, for and in consideration of the premises, and of the sum of one dollar, to each of us, at or before the sealing and delivery hereof, by the said CD. well and truly paid, the receipt whereof we do hereby ac- knowledge, have remised, released, and for ever quitclaimed, and by these presents do remise, release, and for ever quitclaim unto the said C. D., and to his heirs and assigns, all and all manner of liens, claims, and demands whatsoever, which we, or any or either of us now have, or might or could have, on or against the said brick build- ing and premises, for work done, or for materials furnished, for erecting and constructing the said brick building, or otherwise how- soever ; so th&t he, the said 0. D., his heirs and assigns, shall and 828 RELEASE. may have, hold, and enjoy the said briek building and premises^ freed and discharged frojpa all liens, claims, and demands ■whatso- ever, which we, or any or either of us, now have, or might or could have, on or against the same, if these presents had not been made. In witness isfhereof, we ^ave hereunto set our hands and seals, the day of ^, in the year of our Lord one thousand eight hundred and -. — . Signed, sealed, a,nd delivered \ in presence of J David Eusspll, William Doty. A. B. Cellar Digging. '^'^^^ E. F., And others. '*^ft^ All of the material-men and mechanics who farniBhed materials or did work on the building, should sign the release. Release to the Father of a Bastard hy it$ Mother. Know all men by these presents, that whereas A. B., of rr-, Spinster, has lately been ^livered of a male [or femaW] bastard child, [or is now pregnant with ohild, as the case may be,] iu said township, and has charged 0. D., of the same place, with being the father thereof; and whereas the said A, B. has this day agreed with the said 0. D. to take the sum of dollar6,in ftdl satisfaction for the lying-ia expenses, maintenance, educating, and bringing up the said child : Therefore know yo, that the said A. B., for and in consideration of the said sum of : dollars, lawful money of the United States, to her in hand paid;by the said C. D., at and before the ensealing and delivery hereof, the receipt whereof is hereby acknowledged, hath remised, released, quitclaimed, and for ever discharged, and by these presents doth reniise, release, quitclaim, and for ever discharge thp said C. D., his heirs, executors, and administrator^, of and from all manner of criminal and civil action or actions, now brought, or hereafter to be brought against him, and also of and from all debts, payments, accounts, claims, and demands whatsoever, the said A. B. ever, had, now hath, or here- after shall or may have against the said 0. D,, his heirs, executors, and administrators, for or on account of the birth, maintenance, educating, and bringing up of said child ; or for or by reason of any matter, cause or thing whatsoever, toi^ching or concerning the same. [If surety be given for the due performance of the covenants, in the above release, add as follows :] And further, for the true ob- servance of the covenants aforesaid, the said A. B. and her friend REPORT. 829 E. F. do hereby bind themselves, their heirs, executors, and ad- ministrators, and every of them, unto the said 0. D., his heirs, exe- cutors, administrators, and assigns, in the penal sum of dollars, lawful money as aforesaid. The condition of this obligation is such, that if the said A. B. shall and do, in all things, 'well and truly observe, fulfil, and keep the covenants aforesaid, which on her part and behalf are to be observed and kept, according to the true intent and meaning of the same, as mentioned in the above-written release, then this obligation to be void, or else to be and remain in full force and virtue. In witness, &c. REPORT. A Bepobt is the certificate to a Court, made by an officer or other person duly appointed, of the facts or matters to be ascertained by him, or of something of which it is his duty to inform the Court. If the parties in the case accede to the Report, and no exceptions are filed, it is in due time confirmed ; if exceptions are filed to the Report, they will, agreeably to the rules of the Court, be heard ; and the Report Tfill either be confirmed, set aside, or referred back for the correction of some error. 2 Madd. Ch. 605 ; Blake's Ch. Pr. 230. Report of Examiners of an Attorney-at-Law. We, the undersigned, Examiners appointed by the Court of Com- mon Pleas of County, do hereby certify that having examined Mr. C. D., on his application to be admitted to practice in the said Court, we are unanimously of opinion that he is sufficiently qualified to practice as an Attorney of the said Court ; and that we have re- ceived satisfactory evidence that he is a gentleman of good moral character. Report of Auditors to Orphans' Courts on Application of an Exe- cutor or Administrator to Sell or Mortgage Real Estate. To the Honorable the Judges of the Orphans' Coiiirf for the Coimty of- . The undersigned, appointed by this honorable . Courtj on the (Jay of , A. D. 18 — , to ascertain the truth of the facts set forth in the petition of A. B., Executor of the last will and testament [or Administrator of all arid tmgular the goods and chattels, rights and credits which were"] of C. D., respectfully re- port : That upon investigating the adcounts filed by the feaid A. B., it appears that the personal estate of the said C. I), is inadequate to pay the debts of the said decedent, &c., [as the case may be,] and that the sum of dollars is necessary to be raised for 830 EEPORT. that purpose ; and that, therefore, in our opinion, it is necessary to sell or mortgage the following described real estate of the said 0- D., for that purpose, to wit, [here describe the real estate which it is deemed proper to sell.] Witness our hands, this day of , A. D. 18 — . Report of Auditors on Settlement of an Account. To the Honorable the Judges of the Orphans' Court for the County of — . The undersigned. Auditors appointed by the Court to audit and adjust the accounts of A. B., of , respectfully report: That having examined the said accounts, with the vouchers, papers, and other evidences thereof, we have found the same to be just and true, according to the preceding statement, by which it appears that there is a balance of — — ^— remaining in the hands of the said accountant, [if authorized to distribute, add as follows: "for pro rata distribution among the of the said , and which we have divided among the said according to the amount of their respective claims, at the rate of per centum, as per the annexed schedule."] All which is respectfully submitted. Report of Appraisers appointed dy the Court, under an Assignment. To the Honorable the Judges of the Court of Common Pleas for the County of . We, the Appraisers appointed hy the said Qourt, [or as per an- nexed certificate,'] respectfully report : That being duly sworn [or affirmed] to perform the duties intrusted to us, we valued and ap- praised the real and personal, estate [or the goods and effects] of L. X., assigned to W. Y., in trust for the benefit of creditors, as follows : Eeal estate $4,325 00 Stock in trade 9,742 47 Furniture 378 50 Debts (supposed good) 8,071 15 $22,517 12 All of which is respectfully submitted. m" q"' \ Appraisers, , July — , A. D. 18—. Note. — For fuither forms of Reports, see Orphans' Courtt. EOADS, HlflHWAYS, AND BRIDGES. 831 EOADS, HIGHWAYS, AND BRIDQES. Thur^ are numerous Acts of Assembly regulating Roads, Highways, and Bridges, in Pwinsylyania, the principal one being that of 13th June, 1836. Pamph. L. 551; Purd. 128 ; Dunl. 723. By the terms of this Act, " the Court of Quarter Sessions of every county of the commonwealth, (excepting those counties under special • laws relative to roads,) on being petitioned to grant a view for a road within the respective county, have power and are required to appoint, as often as may be needful, six persons duly qualified to view the ground proposed for such road." [For particular regulations concerning the appointment of viewers in and for the City and County of Philadelphia, see Act of 13th June, 1836, from sec. 76 to sec. 82, and Act of 12th April, 1851, sec. 4. Pamph. L. 418.] Viewers appointed must make their report at the next term of the Court of Quarter Sessions, and in their report must state particularly, 1st, who of them were present at the view; 2d, whether they were severally sworn or affirmed; and, 3d, whether the road desired be necessary for a public or a private road. They should also annex and return to the Court a plot or draft thereof, stating, the courses and distances, and noting briefly the improvements through which the road passes ; and, whenever practicable, the viewers shall lay out the said road at an elevation not exceeding five degrees, (except at the crossing of ravines and streams,) where, by moderate filling and bridging, the declination of the road may be preserved within that limit. [See 4 Eawle, 191.] "The viewers should also have respect to the shortest distance and the best ground for a road ; and should lay it out in such a manner as shall do the least injury to private property, and be, as far as practicable, agreeable to the desires of the petitioners. The Act of 26th January, 1849, (Panjph. L. 10; Purd. 1410; Dunl. 1127,) in relation to turnpike and plank-road companies, is also one of much importance. In addition to the general Acts of Assembly, there are special Acts for several of the counties, the provisions of which difi^er materially from the general law. The following decisions of the Supreme Court are important in construing the Acts of Assembly in relation to the general road law. The omission of the Quarter Sessions to fix the width of a public road is fatal to the proceedings. 3 W. & S. 559 ; 3 Whart. 105 ; 4 W. & S. 39; 1 Penna. S. K. 366. A public road cannot be laid alongside of and adjoining another public road, so as to increase the width of both together more than fifty feet. 4 W. & S. 39. A person, though a petitioner for the laying out of a road, may, being owner of the lands over which the road is laid out, obtain damages. 8 Watts, 172. A road through the lands of a minor ought not to be laid out without notice to the guardian of the minor. 1 Penna. S. B. 353. An order to view and vacate a public road is not a matter of right in the pe- titioners, but of discretion in the Court of Quarter Sessions. 8 Watts, 172, 176. A review can be ordered only on a petition presented to the Court for that pur- pose. 6 W. & S. 202. The commissioners, in erecting a county bridge, must be governed by the esti- mate which has been procured by them ; and whether they contract with others to build it, or the work is done under their own superintendence, they cannot ex- ceed the estimate. 5 W. & S. 181, 185. If the plan is changed, there must be a new estimate. 5 W. & S. 181, 185. Supervisors are not bound to repair a road merely dedicated to public use by the owner of the soil. 6 W. & S. 560. The last clause of the 10th section of article ix. of the Constitution of this state, does not prohibit the laying out of streets in a city, without making compensation to the owner of the ground over which such streets are designed to pass ; but whenever such streets are opetied to public use, the right to compensation accrues i W. & S. 320. The Quarter Sessions has no authority to grant a review to widen, straighten, and fix the limits of a road already laid out and used for many years. 5 W & S 200. 832 ROADS, HIQH-WAYSj AND BRIDdES The reviewers are restricted to the space between certain points, and it is error to begin the road at a different point. 5 W. & 8. 200. Without an order of the Quarter Sessions, supervisors of the highways have no authority either to open a temporary road for the public, in case of sudden necessity, through private property, or to correct errors in the opening of an old one. 1 Fenna. S. B. 803. Where the improvements on the line of a road are omitted to be noticed on the draft, the report may be referred by the Court of Quarter Sessions to the same viewers for correction. 3 Harris's R. 414. Viewers of a private road being required, by Act of Assembly of June 13th, . 1836, to report whether the same is necessary, a report that there is occasion for the road was held to, be sufficient. 4 Harris's B. 15. The Act of June 13th, 1836, authorizing the laying out of private roads, is constitutional. 4 Harris's K. 15. Petition for the haying out of a Public Road. To t%e Honorable the Judges of the Court of Quarter Sessions of the Peace in and for the County of . The petition of the undersigned, inhabitants of the Township of , in the said county, respectfully showeth: That your petitioners labor under great inconveniences for want of a public road or highway, to lead from to . Your peti- tioners therefore pray the Court to appoint proper persons to view and lay out the same, accoMing to law ; and they will ever pray, &c. The place of beginning and that of the ending of the road, but none of the intermediate points, must be named in the Petition for the Laying out of a Road. Petition for the Laying out of a Private Road. To the Honorable the Judges of the Court of Quarter Sessions of the Peace in and for the County of . The petition of A. B., of the County of , respectfully represents : That your petitioneir labors under great inconve- nience for want of a private road, to lead from the public road running from ' — '■ to , to the dwelling-house [or as the case may be] of your petitioner, in said county: your petitioner, therefore, prays the Court to appoint proper persons to view and lay out the same, according to law ; and he will ever pray, &o. fiOADS, HIGH-WATS, AND BRUGES. 833 Certificdte of Appointment of Viewers for Laying out a Public [or Privatel Road. County, ss. At a Court of Quarter Sessions of the Peace of the County of , held at , in and for the said county, on , the day of , A. D, 18—, before A. B., C. D,., and E. F., Judges of the said Court : Upon the petition of divers inhabitants [or A. B., ^c, if a private road] of the township of , in the said county, setting forth that' thet labor under grea* inconveniences for want oi a, public road or highway [or private road'\ to lead from to , AND THEREFORE PRAYING the Court to appoint proper persons to view and lay out the same, according to law : the Court, on due consideration, do order and appoint Gr. H., I. K., L. M., N. 0., P. Q., and E. S., who, after being respec- tively sworn [or affirmed'] to perform' the duties of their appoint- ment with impartiality and fidelity, are to view the ground pro- posed for the said road; and if they, or any five of them, view the same, and any four of the actual viewers agree that there is occasion for such a road, they shall proceed to lay out the same, as agreeable to the desire of the petitioners as may be, having respect to the best ground for a road, and the shortest distance, and in such a manner as to do the least injury to private property; and shall make report of their proceedings to the next Court of Quarter Sessions to be held for the said county, stating particularly whether they judge the same necessary for a public road, [if a private road, omit the words, " stating particularly whether they judge the same necessary for a public road;"'] and furnish, along with said report, a plot or draft of said road, and the courses and distances, together with references to the improvements through which it may pass. By the Court. A. B., Clerk. # The above form for a Certificate of Appointment is given in full, the slight verbal alterations necessary to be made in the extract from the Petition, to fit it for incorporation into the Certificate of Appointment, being designated by small CAPITALS ; but in the subsequent forms of Certificates of Appointment contained in the above chapter, the portion to be quoted from the Petition is not given at length. Report of Viewers, in favor of Laying oufi a Public [or Private] Road. To the Honorable the Judges within named. We, the undersigned, persons appointed by the within order of Court, to view and lay out the Roaid therein mentioned^ 53 834 ROADS, HI9HWAYS, AND BRIDQES. respectfully report : That having' been present, together with [naming such of the Jury as were present at the view, but who do not sign the report,] also appointed as aforesaid, at the view of the ground proposed for such road, and having all been first severally sworn or affirmed, in pursuance of the -said order we have viewed and laid out, and do return for public [or private"] use, the following road, to wit: Beginning, &c., [here describe the courses and.»distances, in full, in words, (not in figures,) and refer to the buildings and improvements, near, through, or along which the road passes, stating whether the lands through or along which the road passes, are improved lands, and whether the same are arable, wood, or meadow lands of the owner, naming him,] a plot or draft whereof is hereunto annexed. [In said draft set out the courses and distances, and the buildings and improvements, near, through, or along which the road passes.] Which said road, so as aforesaid laid out, we are of opinion is necessary for a public [or private] road. Witness our hands, this day of , A; D. 18 — . L. M., &c. At least five of the six viewers must view the groiind, and any four of the actual viewers may lay out the road. Whenever practicable, the viewers are required to lay out the road at an elevation not exceeding five degrees, (except at the crossing of drains and streams,) where, by moderate filling and bridging, the declination of the road may be preserved within that limit. Under Act of Assembly of Pennsylvania, the oath or affirmation may be administered them by any magistrate of the county, or any one of the viewers. Report of Viewers against Laying out a Road. To the Honorable the Judges within named. We, the undersigned, persons appointed by the within order of Court, to view and lay out the Road therein mentioned, re- spectfully report : That having been present, together with Gr. H. and I. K. [naming such of the Jury as were present at the view, but who do not sign the report,] also appointed as aforesaid, at the view of the ground proposed for such road, and having all been first severally sworn or affirmed, we have, in pursuance of the said order, viewed the ground proposed for such road, and are of opinion that there is no occasion for such a road, and that the same is not necessary for a public [or private] road. Witness our hands, this day of , A. D. 18 — . L. M., &c. The above remarks, relative to the form for " Report of Viewers in favor of Laying out a Road," «re equally applicable to tiiis form for a " Report of Viewers against Lajing out a Road." ROADS, HIGHWAYS, AND BRIDGES. 835 Order of Court confirming Report of Viewers, in favor of Laying out a Public \or Private"] Road. County, sg. ^ ^^Jij. At a Court of Quarter Sessions of the Peace of the •JiMSfiJil?'. County of , held at , in and for the said county, on , the day of , A. D. 18—, before A. B., C. D., and B. F., Judges of the said Court: The report of L. M., N. 0., &c., [the viewers who signed the report,] the persons appointed by an order of this Court, of Sessions last past, to view and lay out a road from to , being read the second time, as follows, to wit : [Here insert as in report.] And said report having been read the first time at Sessions last, the Court approve of and confirm the said road for public [or private] use ; and order and direct that it be entered of record, and opened and cleared of the breadth of feet, agreeably to the courses and distances aforesaid, [if a public road, add " of which the supervisors of the highways of the townships through which the said road runs are to take notice ;" or if a private road, add " and said road shall be opened, fenced, and kept in repair by and at the expense of the person [or persons'] for whom said road was laid out, and by his [or their] heirs and assigns."] By the Court. S. P., ClerTe. Petition for a Review of a Public Road recently laid out. To the Honorable the Judges of the Court of Quarter Sessions of the Peace in and for the County of . The petition of the undersigned, inhabitants of the Township of -, in ■ said county, respectfully showeth : That a road hath been lately laid out by order of Court from to , which road (if confirmed by the Court) will be very injurious to your petitioners, and burthensome to the inhabitants of the town- ship, through which the same will pass. Your p'etiiioners there- fore pray your Honors to appoint proper persons to review tho said road and parts adjacent, and make report to the Court, ac- cording to law ; and they will ever pray, &c. 836 ROADS, HIGHWAYS, AND BEIDGBS. Certificate of Appointment of Beviewers of a Puilic Road, recently laid out. Countjc ss. At a Court of Quarter "Sessions of tlia "Peace of the County of — ■ , held at , in and for said County, on the day of , A. D. 18 — , beiore J. G., J. M. S., and J. M., Judges of the said Court: Upon the petition of divers inhabitants of the township of , in the said county, setting forth that [here insert as in petition,] the Court, on due consideration, do order and appoint G. H.,_I. K., L. M., N. 0., P. Q., and R. B., who, after being respectively sworn or afiSrmed, to Jierform the duties of their ap- pointment with impartiality and fidelity, are to review the said road and parts adjacent ; and if they, 6v any five of them, review the same, and any four of the actual reviewers agree that there is occasion_for such a road, they shall proceed to lay out the same, as( agreeable to the desire of the petitioners as may be, having respect to the best ground for a road, and the shortest distance, and in such a manner as to do the least injury to private property ; and shall make report of their proceedings to the next Court of Quarter Sessions to be held for the said county, stating particu- larly whether they judge .the same necessary for a public road ; and furnish, along with said report, 'a plot or draft of said road, and the courses and distances, together with references to the improvements through which it may pass. By the Court. S. K, Qlerh Report of Reviewers in favor of Laying out a Public Road. To the Honorable the Judges within named.^ We the undersigned, persons appointed by the withifi order of Court, to review the road within mentioned, and parts adja- cent, respectfully report: That having been present, together with G. JS. and I- K., [naming such of the Jury as were present at the review, but who do not sign the reportj also appointed as aforesaid, at the review of the said road, and parts adjacent, and having all been first severally sworn, or affirmed, in pursuance of the within order ; we did review the same, and have laid out, and do return for public use the following road, to wit : [here describe the road, as directed in the form for " Report of Viewers in favor of Laying out a Road," page 833 ;] a plot or draft of which is hereto annexed ; [set out the road in the draft, as di- rected in the form above referred to, page 833 ;] which road. EOADS, HIGHWAYS, AND BKIDGES. 837 SO as aforesaid laid out, we are of opinion is, necessary foT a public road. Witness our hands, this day of — < , A. D. 18 — . L. M., &c. Report of Reviewers against Laying out a Public Road. To the Honorable the Judges within named. * We the undersigned, persons appointed by the within order of Court to review the Road within mentioned, and parts adja- cent, respectfully report : That, having been present, togetlier with (x. H. and I. K., [naming such of the Jury as were present at the review, but who do not sign the report,] also appointed as afore- said, at the review of the said road, and parts adjacent, and having all been first severally sworn or affirmed, in pursuance of the withia order, we have reviewed the same, and are of opinion that there is no occasion for such a road, and that the same is not necessary for a public road. Witness our hands, this '■ — day of , A. D. 18 — . L. M., &c. Order of Court Confirming Report of Reviewers in favor of Laying out a Public Road. County, ss. At a Court of Quarter Sessions of the Peace of the County of , held at , in and for the said County, on the day of -, A. D. 18 — , before J. G., J. M. S., and J. M., Judges of the said Court : L. M., N. 0., &c., [the reviewers who signed the report,] the persons appointed by an order of this Court of Sessions, last past, to review a certain road laid out frdm to , and parts adjacent, do report: That [here. insert as in report;] which report being read in the manner and at the times pre- scribed by law, the Court approve of and confirm the said road for public use, and order and direct that it be entered of record, and that it shall henceforth be taken, deemed and allowed to be a lawful public road or highway ; and the Court further direct that the said road shall be opened of the breadth of feet, agreeably to the courgps and distances aforesaid, of which the supervisors of the highways of the townships through which the said road passes are to take notice and govern themselves ac- cordingly. By the Court. S. P., Ckrk 838 EOADS, HIGHWATS, AND BRIDGES, Petition ftir the Vacating of a Public Road. To the Honorable the Judges of the Court of Quarter Sessions of the Peace in and for the County of . The petition of the undersigned, inhabitants of the Township of , in said county, respectfully showeth : That a road has been long since laid out from to , which road, [or part of which road,"] beginning, &c., [here insert, in a clear and intelligible manner, the length, breadth, situation, and other circumstances of the road (or parts of the road) to be vacated,] your petitioners conceive, is now become useless, inconvenient, and burthensome tp the inhabitants of said township. Your pe- titioners therefore pray the Court that the said road may be va- cated, agreeably to the Act of the General Assembly in such case made and provided ; and they will ever pray, &c. Certificate of Appointment of Viewers. for Vacating a Public Road. ■ • County, ss. At a Court of Quarter Sessions of the Peace of the County of , held at , in and for said County, on the day of , A. D. 18 — , before J. Gt., J. M. S., and J. M., Judges of the said Court: Upon the petition of divers inhabitants of the Township of — , in the said county, stating : That [here insert as in the petition ;] the Court, on due consideration, do order and appoint G. H., I. K., L. M., N. 0., P. Q., and R. S., who, after being respectively sworn or aflSrmed, to perform the duties of their ap- pointment with impartiality and fidelity, are to view the road in the said petition prayed to be vacated, and to consider and judge whether it is become useless, inconvenient, and burthensome; and if they, or any five of them, view the said road, and any four of the actual viewers agree that the same is become useless, inconvenient, and burthensome as aforesaid, they shall make report accordingly to the next Court of Quarter Sessions, to be held for the said County. By the Court. S. P., Olerk. Report of Viewers, in favor of Vacating a Public Road. To the Honorable the Judges within named. We the undersigned, persons appointed by the within order of Court, to view the road therein mentioned, respectfully ROADS, HIGHWAYS, AND BEIDGES. 839 report: That having been present, together with Cf. H. and I. K., [naming such of the Jury as were present at the view, but who do not sign the report,] also persons appointed as aforesaid, at the view of the said road, and having all been first severally sworn or affirmed, in pursuance of thegaid order, we have viewed the said road, and that we are of opinion that the same has be- come useless, inconvenient, and burthensome, and ought there- fore to be vacated. Witness our hands, this day of , A. D. 18 — . L. M., &c. Report of Viewers against Vacating a Public Road. To the Honorable the Judges within named. We the undersigned persons, appointed by the within order of Court, to view the Road therein mentioned, respectfully report : That, having been present, together with Gt. S. and I. K., [naming such of the Jury as were present at the view, but who do not sign the report,] also persons appointed as aforesaid, at the view of said road, and having all been first severally sworn or affirmed, in pursuance of the said order, we have viewed the said road, and that we are of opinion that the same has not become useless, inconvenient, and burdensome, and that there is no cause for vacating the same. Witness our hands, this day of , A. D. 18 — . L. M., &c. Order of Court confirming ^Report of Viewers in favor of Vacating a Public Road. County, ss. At a Court of Quarter Sessions of the Peace of the tAt a uourt or yuarier (sessions oi ine reace oi tne 'j. County of , held at , in and for said S County, on the day of , A. D. 18 — , ■ before J. G., J. M. S., and J. M.„Judges of the said Court. L. M., N. 0., &«., [the viewers who signed the report,] the persons appointed by order of this Court of Sessions, A. D. 18 — , to view a road, leading from to , [or part of such road, as set forth in the petition,] and to consider and judge whether the same is become useless, inconvenient, and burthensome, do report : That [here insert as in report] ; where- upon, the Court approve of and confirm the said report, and order that the said road be vacated accordingly. By the Court, S. P., Clerk. 840 EOADS, HIGHWAYS, AND BEIDGES. Petition for the Appointment of Viewers, to Assess Damages occasioned hy the Opening of a Public [or Private! Road. To the Honorable the Judges of the Court of Quarter Sessions of the Peace in and for j;he County of . The Petition of , respectfully showeth : That : road or highway [or^marferoacZJha^been laid out and opened, within one year last past, through the lands of your petitioner, by the order of the said Court ; and that by the opening of said road, as aforesaid, your petitioner has sustained great injury and damage, to wit: [here set out the injury caused by the opening of the road, as that land was taken, new fence had to be made, farm was badly divided,; &c.] Your petitioner there- fore prays your Honors to appoint six disinterested persons to view the premises, and assess the damages which your petitioner may have sustained as aforesaid ; and he will pray, &c. (Signed) . No application for compensation, in case of a public road, can be received after one year. Short Form of a Petition for the Appointment of Viewers to As- sess Damages occasioned hy the Opening of a Pullic Road. To the Honorable the Judges of the Court of Quarter Sessions of County. The petition of respectfully represents : That a public road, beginning at , and ending at , has been laid out in the Township of , in said county, through lands of your petitioner, and has been opened as laid out, within one year next preceding the presentation qf this petition, by which said opening of the said public road your petitioner has sustained damage. Your petitioner therefore prays your Honors to ap» point a jury of six disinterested persons to view the premises, and assess the damages sustained by him in consequence of the opening of said public road, agreeably to the Acts of Assembly in suck case made and provided ;. and he will pray, &c. (Signed) . '• Certificate of Appointment of Viewers to Assess Damages occasioned hy the Opening of a Road. County, ss. At a Court, &o., [as in Certificate of Appointment of Viewers for Laying out a Road, p. 683.] ^„ Upon the petitien of — ^ , stating, {here insert ^^i^^ll^ as in petition,] the Court, upon due consideration, do i rder and appoint .G. H., &c. [six disinterested men] to 'dew and adjudge the amount of the damage (if any) sustained ROADS, HIGHWAYS, AND BRIDGES. 841 by the petitioner, by reason of the said road ; who, and every of them, before they proceed to assess the damages, shall take .the oath or affirmation prescribed by the Act of Assembly. And the Court do further order that the said petitioner give notice of the time of holding such view to one or more of the Commis- sioners of County, and that the viewers aforesaid do make report of their proceedings herein to the next' Court, ac- cording to law. By the Court. S. P., Clerk. Oath or Affirmation of Viewers to Assess Damages occasioned hy the Opening of a Road, You and every of you do swear, [or solemnly, sincerely, and truly declare and affirm,"] that you will justly and truly value the damages (if any) which the petitioner in this order mentioned has sustained by reason of the road which has been laid out through Ms [or her~\ lands, and that you VfiU also consider the advantage as ■well as the disadvantage of the said ropid. So help you Grod [or ind so you affirm]. Tk<8 Oath or Affirmation is to be taken before some magistrate of the county, or n. *y be administered by one of the viewers. Uej,)rt of Viewers for the Assessment of Damages occasioned hy the Opening of a Road. ' To ihe Honorable the Judges within named. We the undersigned, appointed by the annexed order of Court, to view the premises, and assess the damages, if any, which the within named petitioner has sustained by reason of the said road, in said order mentioned, respectfully report : That we met for the purpose of performing the duties imposed upon us by the said order, at , on the day of , A. D. 18 — , and, after having been severally sworn or affirmed, according to law, proceeded to view the premises and assess the damages, as therein directed ; and, after having carefully viewed the same and taken into coiisideration the damages sustained by the petitioner by reason of the said road passing through his [or her] land, as well as also the advantages to be derived from such passage, and the probability of the land reverting to the said petitioner, we are of opinion that he [or she] has sustained damage to the amount of dollars, and we do, accordingly, assess the same at that sum. Witness our hands this day of , A. D. 18 — . L. M., &c. 842 EOADS, HIGHWAY?, AND BRIDGES. Order of Courii confirming Report of Viewers for Assensment of Damages occasioned by the Opening of a Road. ^gsMf At a Court of Quarter Sessions of the Peace of the ^^^& County of , held at — . , in and for the said ^P»,P0 county, on , the day of —, A. D. ^^^^ 18—, hefore J. G., J. M. S. and J. M., Judges of the said Court. C. D., E. F., &c., [the. viewers who signed the report,] the persons appointed by an order of this Court, of Sessions last past, to view and assess the damages sustained by A. B. by the opening of the private [or public'] road leading from to lately laid out and opened by order of this Court, and passing over the lands of said A. B., do report, [here insert as in report,] and said report having been read, the Court, on due considera- tion, do approve of and confirm the saitie ; and direct that the sum of dollars be paid to the petitioner by the Treor swer of the County of , out of the moneys of the county in his hands. [The payment is to be made by the Treasurer of the county, if the road be a public one ; but, if it be a private road, by the parties at whose request it was laid out. In the latter case, in place of the words italicized, insert "by 0. P. and Q. R., the persons at whose request the said road whs laid out and opened."'] By the Court. S. P., Qlerh. Petition for Privilege to Hang a Grate [or Crates'] on a Private Road. To the Honorable the Judges of the Court of Quarter Sessions of the Peace in and for the County of . The petition of — ^ , respectfully showeth : That your peti- tioners labor under great inconveniences for want of the privilege of hanging a swinging gate [or swinging gates] on a private road, leading from, &c. They therefore humbly pray the Court to appoint proper persons to view and judge of the propriety of granting them the privilege aforesaid; and they will ever pray, &c. EOADS, HIGHWAYS, AND BRIDGES. 843 Gertijkate of Appointment of Viewers for Privilege 'of Ranging a Grate [or G-ates] on a Private Road. County, 88. At a Court, &c., [as in Certificate of Appointment of Viewers for Laying out; a Road, p. 683 :] Upon the petition of , stating : That [here insert as in petition;] the Court, on due considera- tion, do order and appoint G. H., &c., [six disinte- rested men J to view the said road, and inquire and judge whether such gate [or gates] may, without much inconvenience to the per- sons for whose use the said road was granted, be hung on the same; and do direct that they, or any five of them, view said road, and that any four of the actual viewers do make report ac- cordingly to the next Court of Quarter Sessions. By the Court. S. P., Olerk. Report of Viewers in favor of granting the Privilege of Hanging a Gate [or Q-atesl on a Private Road. To the Honorable the Judges within named. / We the undersigned persons, appointed by the within order of Court, to view and judge of the propriety of hanging a gate [or gates'] on the road therein mentioned, respectfully report : That, having been present, together with G. H. and I. K., [naming such of the Jury as were present at the view, but who do not sign the report,] also appointed aforesaid, at the view of the/road aforesaid, and, having all been first severally sworn or afiirmed, in pursuance of the said order, we have viewed the premises, and are of opinion that a gate may be hung upon the said road, at, ' &c., [and another gate at, &c.,] according to the prayer of the petitioners, without much inconvenience to the persons using the said road. Witness our hands, this day of , A. D. 18 — . Order of Court confirming Report of Viewers in favor of grant- ing the Privilege of Hanging a Grate [or Gl-ates] on a Private Road. County, ss. At a Court of Quarter Sessions of the Peace, of the County of , held at , in and for said county, on the day of , A. D. 18 — , before J. G., J. M. S., and J. M., Judges of the said Court: C. D., E.F., &c., [the viewers who signed the report,] the persons appointed by an order of this Court of Sessions last past, to 844 RDADS, HIGHWAYS, AND BKIDGES. view the private road leadiog from < — to , and inquire and judge whether a swinging gate [or —r-, — — swinging gates, as in the petition,] may, without much inconvenience to the persons for whose use the said road was granted, be hung on the same, respectfully report: That [here insert as in report] and said report having been read, the Court, on due consi- deration, do approve of and confirm the same, and do order that the said gate [or gates'] may be hung on the said road ac- cordingly, and that the same shall be made and kept in repair by the owner of the said land, and made easy for the passage of persons using the said road. By the Court, S. P., Clerk. Petition for ihe Appointment of Viewers for the Erection of a Gounty Bridge. To the Honorable the Judges of the Court of Quarter Sessions of the Peace in and for the County of . The petition of the undersigned^ inhabitants of the Township of , in the said county, respectfully showeth, that a bridge is much wanted over Creek, at the place where the public highway to crosses the said creek, in the tOTjrnship afore- said, the ford there being frequently rendered impassable by reason of ice a,nd high waters ; and that the expense of erecting said bridge would be too heavy a,nd burthensome upon the in- habitants of said township. Your petitioners therefore pray your Honors to appoint proper persons to view the premises, and to take such order on the subject as is required and directed by the Act of the General Assembly in such case made and provided. And they will ever pray, &c. The Court may consider the subject of the erection of a county bridge either on the representation of the superyisors, or on petition as above. Certificate of Appointment of Viewers for the Erection of a County Bridge. County, ss. \5^^=> At a Court of Quarter Sessions of the Peace of the :^mWa^ County of , held at , in and for said ^1« County, on the day of , A. D. 18—, '^^f^ before the Judges of the game Court : Upon the petition of divers inhabitants of the Town- ship of , in said county, setting forth : [here insert as in petition ;] the Court, on due consideration, do order and appoint A. B., C. D., E. ¥., G. H., I. J., and K. L., who, after being respectively sworn or aflSrmed to perform the duties of their Roads, highways, and bridges. 845 appointment with impartiality and fidelity, are to view the place proposed for the said bridge, and if they, or any five of them, view the same, and any four of the actual viewers agree that there is occasion for such a bridge, and that the erecting of the said bridge would require more expense than it would be reasonable the said township should bear, they are to make report accordingly ; and the said viewers are further authorized to ekamine the route of the road crossing the creek over which the said bridge is prayed for ; and if, in their opinion, a change or variation in the bed of the road would be an improvement and saving of expense in the erection ofsuch a bridge, they are to make report thereof, and cause such variation as aforesaid to be accurately surveyed, and a map or plot thereof to be made, which shall accompany said report ; the report aforesa,id to be made to the next Court of Quarter Sessions to be held for the said County of . By the Court. S. P., Clerh Report of Viewers in favor of the Mreetion of a County Bridge. To the Honorable the Judges within named. ' We the subscribers, persons appointed hy the Court to view the place proposed for the bridge in the within drder mentioned, respectfully report: That having been present, together with A. B. and C. D., [naming such of the viewers as were present at the view, but who do not sign the report,] also appointed as aforesaid, at the view of the place proposed for the bridge within mentioned, and having all been first severally sworn or affirmed, in pursuance of said order, we have viewed the premises afore- said, and are of opinion that a bridge over Creek, at the place where the public highway to crosses the said creek, is necessary, and that the erecting of such a bridge would be attended with more expense than it is reasonable the said town- ship should bear. [If the viewers are of the opinion a change or variation in the route of the road is necessary, they should add the following :] And we also further report to the Court : That, after proper examination, we are of opinion that a change or variation in the bed and route of the road would be an improvement and a saving of expense in the erection of the aforesaid bridge, and therefore report: That the route of the said road should be changed in the following manner : [here particularly describe the change proposed, submitting a map or plot thereof with the report.] Witness our hands, this day of , A. D. 18 — . E. F., &c. 846 ROADS, HIGHWAYS, AND BRIDaBS. Certificate of Record to County Commissioners for the Erection of a County Bridge. County, ss. At a Court of Quarter Sessions of the Peace of the County of , held at , in and for the said County, on the day of , A. D. 18 — , before the Judges of the same Court : A petition having been presented to this Court for the appointment of persons to view and report, according to law, on the erection of a bridge prayed for in said jpetition, the Court appointed proper persons for that purpose, who made report: That, after examining the premises, they are of opinion a bridge is necessary over Creek, at the place where the public highway to crosses the said creek in the Township of , in said county, and that the erecting of such bridge would be attended with more expense than it is reasonable the said township [or townsMps'\ should bear ; and the said report having been submitted, at Sessions , to the said Court and the Grand Jury of the county, they are, upon due consideration, respectively of opinion that the aforesaid bridge is necessary, and that the erection of the same would be attended with more expense than the township [or townships~\ should bear, and do therefore concur in said report ; and the same is ordered to be entered of record, and a copy of this record furnished to the Commissioners of County, by the Clerk of the Court of Quarter Sessions thereof. By the Court. S. P., Cleric. Petition of County Commissioners for the Appointment of Inspectors of Workmanship, ^c, of a County Bridge. To the Honorable the Judges of the Court of Common Pleas of the County of , now holding a Court of Quarter Sessions of the Peace in and for said County. The petition of the Commissioners of the County of^ , respectfully represents : That it having appeared to the Court, to the Grand Jury, and the Commissioners of the said County, that a bridge over Creek, at the place where a public highway to crosses the said creek, in the township [or townships'] of , in the said county, was necessary, and that it would be too expensive for the said township [or townships'] to erect said bridge ; and the same having been entered of record, your petitioners procured an estimate to be made as nearly as might be, of the expense of the same, amounting to the sum of dollars, and did proceed to have such bridge erected, by entering into a contract with B. M. T., of , for the building of the KOADS, HIGHWAYS, AND BRIDGES. 847 game; and that the said bridge is now completed agreeably to the mid contract [or otherwise as the case may be]. Your peti- tioners, therefore, pray the Court to appoint six fit persons to inspect said bridge and the workmanship thereof, agreeably to the Act of Assembly, and to make report to the next Court of Quar- ter Sessions to be held for the said county. Commissioners of County. Certificate of Appointment of Inspectors of Workmanship, ^c, on a County Bridge, County, ss. At a Court of Quarter Sessions of the Peace of the County of , held at , in and for said _ County, on the day of , A. D. 18 — , ^^^^ before the Judges of the same Court : TJpon the petition of Commissioners of the County of , stating that : [here insert as in petition ;] the Court, upon due consideration, do appoint A. B., C. D., E. F., G. H., I. J., and K. L., who, after being respectively sworn or aflSrmed, according to law, are to inspect said bridge and the workmanship thereof, and to make report accordingly, to the next Court of Quarter Sessions to be held for the said county. By the Court. S. P., Clerk. Report of Inspectors of a County Bridge. To the Honorable the Judges within named. We the undersigned, persons appointed by the within order of Court, to inspect a certain bridge therein mentioned, respectfully report : That having been present, together with Cr. M. and I. J., [naming such of the jury as were present at the view, but who do not sign the report,] also appointed as aforesaid, at the view of the said bridge, and having all been first severally sworn or affirmed, we have viewed and carefully examined the same, and are of opinion that it is completed in a substantial and workmanlike manner, according to contract entered into with the Commissioners of the said county for that purpose [or as the case may be]. Witness our hands, tMs day of , A. D. 18 — . A. B., &c. 848 EOADS, HiaHWAYS, AND BRIDGES. Order of Court Confirming Report of iTtspeetors of a County County, ««. At a Court of Quarter Sessions of the Peace of the County of , held at , in and for the said County, on the day of , A. D. 18 — , before the Judges of the same Court : The persons appointed by order of this Court of Sessions last past, to view the bridge lately erected over Creek, at the place where the public highway to crosses the said creek, in the Township of , in said county, by B. E, T., of , under contract with [or as the case may be] the Commissioners of the said county, do report, ifcc, [here insert as in report,] which report being read and considered, is approved of and confirmed by the Court. By the Court. S. P., Clerk. Petition for the Erection of a Bridge on a County Line. To the Judges of the Court of Common Pleas of the County of -, now holding a Court of Quarter Sessions of the Peace, in and for said County : The petition of the subscribers, inhabitants of the Counties of and , respectfully represents : , That a bridge ,ip much wanted over C)reek, bieing the line of said counties, at the place where the public highway to crosses the said creek, in the Township of , in County, and in the Township of , in County, and that the erection of such bridge will require more expense than it is reasonable the said townships should, bear ; your petitioners, therefore, pray the Court to appoint proper persons to view the premises, and take such order on the subject, as is required and directed 1)y the Acts of Assembly in such case made and provided. And they will ever pray, ko. Certificate of Appointment of Viewers for the E'rection of a Bridge on a County Line. County, ss. ^^fe^^ At a Court of Quarter Sessions of the Peace, of the ^»»fflte County of > , held at , in and for the said "^ ^^^ county, on the day of , A. D. 18- — , ^«K%'^ before the Judges of the same Court : Upon the petition of sundry inhabitants of the Counties ROADS, HIGHWAYS, AND BRIDGES. 849 of , setting forth: That [here insert as in petition.] The Court, on due consideration, do order and appoint, on behalf of County afbresaid A. B., C. D., and E. F., who, after being respectively sworn or affirmed to perform the duties of their appointment with impartiality and fidelity, together with three persons, siimlarly appointed by the Court of Quarter Sessions of County, are to view the place proposed for the said bridge ; and if they, or any five of them view the same, and any fouj" of the actual viewers agree, they shall make report to the respective Courts, whether there is occasion tov woh bridge, and whether the erecting of the said bridge would require more ex- pense than it would be reasonable the said townships should bear ; one of which said reports to be made to the next Court of Quarter Sessions to be held for the County of , the other, to the next Court of Quarter Sessions to be held for the County of; . By the Court. S. P., Clerk. Report of Viewers in favor of the Erection of a Bridge on a County Line. We the subscribers, appointed by the within order of Court, and a similar order of the Court of Quarter Sessions of County, to view the place proposed for the bridge in the within order mentioned, respectfully report : That, having been present, together with A. B. and Q-. H., [naming such of the jury as were present at the view, but who do not sign the report,] also ap- pointed as aforesaid, and having all been first severally sworn or affirmed according to law, we have viewed the premises and are of opinion that a bridge over Creek, at the place where the public highway to crosses the said creek, is necessary, and that the erecting of such bridge would be attended with more expense than it is reasonable the said townships should bear. Witness our hands, the day of , A. D. 18 — . For the form of a Certificate of Record to the Commissioners, see the form in the case of a bridge to be erected in the county. The alterations necessary to adapt it to the case of a bridge on a county line are of such a character as to be ea»ily made. 54 850 Petition of County Commissioners for the Appointment of In- spectors of Workmanship, ^c, of a Bridge erected on a County Line. To the Judges of the Court of Common Pleas of the County of , now holding a Court of Quarter Sessions of the Peace, in and for the said County : The petition of the Commissioners of the counties of and , respectfully represents : That it having appeared to the Court, the Grand Jury, and the Commissioners of said counties, respectively, that a bridge over Creek, being the line of the said counties, at the place where the public highway to crosses the said creek, in the Township of , in County, and in the Township of , in County, was necessary, and that it would be too expensive for the said Town- ships to erect; and the same having been entered of record, your petitioners procured an estimate to be made as nearly as might be, of the expense of the same, amounting to the sum of dollars, and did proceed to have such bridge erected by entering into a contract withB, R. T., of , [or as the case may be,] for the building of tJie same; and that the said bridge is now com- pleted, agreeably to the said contract [or otherwise as the case may be]. Your petitioners therefore pray the Court to appoint three fit persons, on behalf of County aforesaid, to inspect said bridge and the workmanship thereof, agreeably to the Act of Assembly, and to make report to the next Court of Quarter Sessions, according to law. Commissioners of County. Commissioners of County. €ertifieateof Appointment of Inspectors of Workmanship, ^c. of a Bridge erected on a County Line. County, ss. ^jsjif^ At a Court of Quarter Sessions of the Peace of the '*''"' County of , held at , in and for said county, on the day of , A. D. 18 — , before the Judges of the same Court : Upon the petition of the Commissioners of the Counties ROADS, HIGHWAYS, AND BRIDGES. 851 of and , stating: That [here insert as in pe- tition.] The Court, on due consideration, appoint, on behalf of said county, A. B., C. D., and E. F., who, after being respectively sworn or aflBrmed, according to law, are, together with three persons similarly appointed by the Court of Quarter Sessions of county, to inspect said bridge, and the workmanship thereof, and to make duplicate reports accordingly, one whereof to be made to the next Court of Quarter Sessions, to be held for the County of , the other to the next Court of Quarter Sessions to be held for the County of . By the Court. S. P., Clerh. Report of Inspectors of a Bridge erected on a County Line. To the Honorable the Judges within named. We the undersigned, persons appointed by the within order of Court, and a similar order from the Court of Quarter Sessions of County, to inspect a certain bridge in the within ordet mentioned, respectfully report : That, having been present, toge- ther with G-. S. and I. J., [naming such of the jury as were present at the view, but who do not sign the report] also appointed as aforesaid, at the view of the said bridge, and having all been first severally sworn or affirmed, we have viewed and carefully examined the same, and are of opinion that it is completed in a substantial and workmanlike manner, according to contract entered into with the Commissioners of and counties, for that purpose [or as the case may be]. Witness, our hands, this day of ,, A. D. 18 — . Ordsr of Court Confirming the Jteport of Inspectors of a Bridge erected on a County Line, County, ss. At a Court of Quarter Sessions of the Peace of the Mxxf At a Uourt ot Quarter iaessions oi the reace oi the s|l^^i County of , held at , in and for the said ^Kj^P^ county, on the day of , A. D. 18 — , v^^^ before the Judges of the same Court : The persons appointed by an order of this Court of Sessions, last past, and a similar order of the Court 852 SHEBIFI'. of Quarter Sessions of county, to view the bridge lately erected over Creek, being the line of the said Counties of and , at the place where the public highway to crosses the said creek, in the Township of , in County, and in the township of , in County, by B. E. T., of , under contract, with [or as the case may be ;] the commissioners of the said counties, do report, &c., [here insert as in report;] which report being read and con- sidered, (the Court of Quarter Sessions of County concur- ring,) is approved and confirmed by this Court. By the Court. S. P., aerk. SHERIFF. The Seeritf is the chief executive officer of the county. By the 6th article of the Constitution of PennBylyania, section 1st, " Sheriffs and Coroners shall, at the times and places of election of representatires, be chosen by the citizens of each county. One person shall be chosen for each office, who shall be commissioned by the GrOTemor. They shall hold their offices for three years, if they shall so long behave themselves well, and until a successor be duly qualified ; but no person shall be twice chosen or appointed Sheriff in ^ny term of six years. Vacancies in either of the said offices shall be filled by an ap- pointment, to be made by the Governor, to continue until the next general election, and until a successor shall be chosen and qualified as aforesaid." The Sheriff is required to keep his office in the county-town of the county for which he shall have been elected ; and, like all other officers, judicial and executive, is required to take an oath or affirmation to support the Constitution of the Commonwealth, and to perform the duties of his office with fidelity. Before he is commissioned, or Exe- cutes any of the duties of his office he is required to enter into recognizance, and to become bound in an obligation with at least two sufficient sureties, in a sum prescribed for each county ; the condition of the bond and of the recognizance being particularly prescribed, so as to cover all the various duties of his office. Said obligation and recognizance must be first submitted to the Judges of the Court of Common Pleas of the proper county, or to any two of them, for their ap- proval of the sureties named therein ; and upon such approval they are to be recorded in the Becorder's Office for the county, and transmitted to the Secretary of the Commonwealth, whose duty it is to file the same in his office. Copies of the record of any such bond or recognizance, acknowledged and recorded as aforesaid, and duly certified by the Recorder, must be admitted as legal evidence in any suit instituted on such obligation or recognizance according to its form and effect, in the same manner as the original wouldbe if produced and offered in evidence. For form of recognizance and bond of Sheriff, see Act of Assembly of 15th April, 1834, Pamph. L. 537. By the 13th section of the said Act it is declared " that the recognizance of the Sheriff and Coroner and their respective sureties shall bind their real estate in the same county as effectually as by a judgment to the same amount in any Court of Record of such county." Bat by the 4th section of the Act of 28th March, SHBEIF*. 853 1803, which was not repealed by the said Act of 1884, it Is provided, " that suits against such sureties cannot be sustained, unless the same shall be instituted within five years after the date of such obligation or recognizance." See 5 Binn, 188; 7S. &E. 275; 3 Dal. 510, n.; 8 S. & R. 417, 444; 16 S. & R. 860 ; 3 Pa. R. 286 ; 14 S. & R. 426, 8 ; 17 S. & R. 881 ; 7 Watts, 188 ; 13 S. & R. 839 ; 8 Pa. R. 286 ; 8 Watts, 153 ; 4 W. & S. 186 ; 7 W. & S. 181. The commission of every Sheriff and Coroner is to be recorded by the Recorder of Deeds of the county. In case a Sheriff shall be legally removed from his ofBce, or shall die before the expiration of the term, the Coroner of the same county shall execute the office of Sheriff until another Sheriff shall be duly commissioned and notice thereof given to such Coroner. The Sheriff is a conservator of the peace, may quell riots, prevent affrays, or other breaches of the peace ; a,nd for tiiis purpose may raise the posse eomitatus, or power of the county ; that is, such a number of men as are necessary for his assistance ; and every person above the age of fifteen years, not aged or decrepit, is bound to obey his summons ; a refusal is a criminal offence, and renders the person liable to indictment. In his ministerial capacity, the '^Sheriff is bound to execute all writs and process issuing from the Courts of justice. In the commencement of causes he is to serve the original writ, to arrest the defendant, to take bail, and the like ; he must also summon and return the jury according to the panel drawn from the wheel by the Commissioners, and when a cause is determined, he must execute the further process of execution. In criminal matters he also arrests and im- prisons criminals, summons the jury, has the custody of the delinquents, and exe- cutes the sentence of the Court, though it extend to death itself. Yarious duties have also devolved upon the Sheriff under particular Acts of Assembly, especially in reference to the estates of intestates, in the appraisement and partition of lands among the heirs, or, in case they cannot be divided, in the sale thereof; and also in the, Orphans' Court, in executing its decrees and sen- tences. To execute these various ofSces, the Sheriff may appoint inferior officers under him, as deputieSf and jailers. The Sheriff making the appointment is responsible for all their official acts. 1 Bin. R. 240, &c. The appointment may either be gene- ral, as to all matters throughout the county, or special, as to a particular district, to particular cases, or to some special case. Jailers are also the servants of the Sheriff, and he is responsible for their conduct. The business of the jailer is to keep safely all such persons as are committed to him by lawful warrant ; and if he suffer any such to escape, the Sheriff shall answer it in an indictment for es- cape, if in criminal matters, or in a civil case he must answer it to the party injured in an action on the case. The abuses of jailers and sheriffs' officers toward those in their custody, are well restrained and guarded against both by common law and by statute. Where the Sheriff has any personal interest in or is a relation to either of the parties, his duties devolve upon the Coroner. Schedule or Inquisition of Real Estate levied upon ly Fi. Fa., for Condemnation. Inqmsition indented and taken at •, the day of , in the year of our Lord one thousand eight hundred and , before William Dealj Esq., High Sheriff of the County of -, by virtue of a writ of the Commonwealth of Pennsylvania, to me directed and to this inquisition annexed, by the oaths and affirmations of the Jurors whose names and seals are hereunto an- nexed, good and lawful men of the county aforesaid, who, upon their oaths and affirmations aforesaid, respectively do say, that the rents, issues, and profits of the within-described property, by me, the said Sheriff, taken in execution by virtue of said writ, wherein 854 SHERIFF. A. B., Administrator' of C. D., deceased, is plaintiff, and E. F. de- fendant, are [or are not\ of a clear value, beyond all repqscs, suf- ficient, within the space of seven years, to satisfy the debt and damages in the writ aforesaid mentioned. [If, in the opinion of the jury, the rental of the property will pay the debts within seven years, here insert, " and assess the rents at dollars per annum."] In testimony whereof, as well I, the said Sheriff, as the inquest aforesaid, to this inquisition have interchangeably set our hands and seals, the day and year first above written. ^!.»«Jt^. WILLIAM DEAL, ^M-***^ Sheriff. G. H. ""'^ J. K. vs^ And the remainder "*>»«■ of the twelve Jurors, Notice to Sheriff to appoint Appraisers under the Act of 9th April, 1849, exempting $300. I In the — Court fox the City and County of Richard Roe.) Philadelphia. Term, 18— . No.—. To John Killpatkick, Esq., Sheriff. Dear Sir ; Please take notice that as to the above execution, I claim the benefit of the Act of Assembly, approved the 9th day of April, A. D. 1849, entitled : " An Act to exempt property to the value of three hundred dollars from levy and sale on execu- tion and distress for rent." And that I desire an appraisement, in compliance with the said Act, of all property levied on under said execution, and I hereby request and notify you to appoint appraisers, and to have the same appraised in compliance with the provisions of the said Act, and request that you will notify me of the time and place of holding such appraisement. Very respectfully yours, RICHARD ROE. SHERIFF. 85J Form j^or Affidavit of Appraisers of Personal Property of a Debtor, under Act ofQih April, 1849, to perform their duties faithfully. A. B. vs. CD. ' In the Court of Common Pleas for the County of - No. — , of Term, A. D. 18—. Fi. Fa., No. — . Real Debt $300 Interest and Costs 40 We, the subscribers, having been summoned by the Sheriff of the Coimty of to appraise the property which the defendant in the above case may elect to retain, under the provisions of the Act of Assembly of April 9th, 1849, entitled " An Act to exempt pro- perty to the value of three hundred dollars from levy and sale on execution and distress for rent," being duly sworn or affirmed, say that we will truly and faithfully appraise the same. B. F. G. H. J. K. Sworn or affirmed before me, this day of , A. D 18— 0. P., Justice of the Peace. Form for Flection of Articles to be retained by Debtor, under Act of 9th April, lSi9. ' In the Court of Common Pleas for the County of , No. — , of ^ — Term, A. D. 18—. Fi. Fa., No. — . Real Debt $300 ^ Interest and Costs 40 I, C. D., the defendant above named, do hereby elect to retain the following articles of personal property, under the provisions of the second section of the Act of Assembly passed the ninth day of April, 1849, entitled " An Act to exempt property to the value of three hundred dollars from levy and sale on execution and distress for rent," viz. [here insert an inventory of goods elected.] C. D. A. B. vs. CD. -, July — , 18—. Form for Appraisement of Articles elected to he retained by Debtor, under Act of 9th April, 18^9. A. B. vs. CD. In the Court of Common Pleas for the County of ■ No, — , of Term, A. D. 18—. Fi. Fa., No. — . Real Debt $300 Interest and Costs 40 We, the subscribers, having been duly summoned by the Sherifl 856 SHERIFF. of the. County of — r- to Appraise the property retained by the above-nained defepdant, under the provisions of the Act of Assem- bly, entitled " An Act to exempt property to the value of three hundred dollars from levy and sale on execution ajid distress for rent," approved the ninUi day of April, A- D- 1849, and having been respectively sworn or affirmed, do value and appraise the same as follows, viz. [here insert inventory of goods, and the value of each article.] E. F., "| - G. H., S-Avvraisen. J.K.,i , July — , 18—. Form for Affidavit of Appraisers of Real Estate, under Act of 2th April, 1849, to perform their duties faithfully. ' In the Court of Common Pleas for the County of , No. — , of Term, A. D. 18—. Fi. Fa., No. — . A. B. vs. CD. Real Debt $1,000 ^ Interest and Costs 60 We, the subscribers, having been summoned by the Sheriff of the County of to appraise the property which the defendant'in the above case may elect to retain, under the provisions of the Act of Assembly of April 9th, 1849, entitled " An Act to exempt pro- perty to the value of three hundred dollars from levy and sale on execution and distress for rent," being duly sworn or affirmed, say that we will truly and faithfully appraise the same. E. F. * ' G. H. J. K. Sworn or affirmed before me, this — ■ day of , A. D. 18—. 0. P., Justice of the Peace. Form for Appraisement of Real Estate of a Debtor, under Act of 9th April, 1849. ' A. B. vs. CD. ' In the Court of Common Pleas for ihe County of ■ No. — , of Term, A. D. 18—. Fi. Fa., No. — . Real Debt $1,000 Interest and Costs 60 We, the subscribers, having been duly summoned by the Sheriff of the County of to appraise the property retained by the above-named defendant, under the provisions of the Act of Assem- bly, entitled " An Act to exempt property to the value of three hundred dollars from levy and sale on execution and distress for SHERIFF. 857 rent," approred the ninth day of AprU, A. D. 1849, and having beep re spectively sworn or affirmed, did, on the . day of , A. p. 18—, go in person to the premises in the descrip- tion annexed to the above wit of fieri fecias described; and do say, the property described as aforesaid cannot be divided without injury to or spoiling the whole, and therefore determine against a division of the said real estate; and value the same at the sum of dollars. E. F. G. H. I. K. Forr) for Appraisement of Real Estate of a Debtor, under the Act jf 9fA April, 1849, where the property can he divided. A- B. 1 In the Court of Common Pleas for the County of »-«. > . No. of Term, A. D. 18— . C. D. j Fi. Fa. No. . Real debt $1000 Interest and costs 60 We, the subscribers, having been duly summoned by the Sheriff of the county [or as the case may be] to appraise the property retained by the above-named defendant, under the provisions of the Act of Assembly entitled "An Act to exempt property to the value of three hundred dollars from levy and sale on execution and distress for rent," approved the 9th day of April, A. D. 1849, and having been respectively sworn or affirmed, and the said defend- ant having elected to retain $300 worth of a certain lot of ground belonging to the said defendant, described as follows, to wit : All that, &c., [here describe the lot] : the undersigned did, on the day of , A. D. ^, go in person to the said premises, and being of the opinion that the said lot of ground may be divided with- out injury to or spoiling the whole, proceeded to set apart so much thereof as in their opinion is of the value of three hundred dol- 858 SHERIFF. lars, and designated the same by metes and bounds following, to wit : [here describe the portion set apart fully and minutely]. Witness our hands and seals, this — day of Appraisers. A.D. E. F. G. H. I. K. Sheriff's Eetukn to a Wbit. — The Sheriff's return to a writ is a short account given J)y him in writing (usually endorsed on the writ) of the manner in which ha has executed it. , The proper address of the return is, " To the Honorable the Judges within named ;" but for the despatch of business, the address is most frequently omitted, and for the same reason abbreviations are adopted, such as will be found in some of the forms below given. It is the duty of the Sheriff to return all writs directed to him on the return-day. If he neglects so to do, a rule may be obtained on him to return the writ ; and if ht do not obey the rule, he may be attached for contempt. 19 Vin. Abr. 171 ; Oom. Dig. Return ; 2 Lilly's Abr. 476. The following forms for Returns to Writs are those applicable to process in the Court of Common Pleas. Under the heads. Orphans' and Register's Courts, and Partition in Common-Law Courts, will be found, appropriately placed, other forma for Sheriffs' Returns. 1. RETURNS TO WRIT OP ATTACHMENT. Where Personal Property of Defendant is Attached. Attached, as within commanded, /owrieew pieces of unfinished cloth, [or as the case may be,] the property of the mthin-named C. D., November 14th, 18 — , at minutes past o'clock, — M. ; and at the same time summoned E. F. as gar- nishee, by giving him a true and attested copy of the mthin writ, and making known to him the contents thereof. So answers, A. B., /Sheriff'. SHEEIFF. 859 Where Meal Estate of Defendant is Attached. To the Honorable the Judges ■within named. I do certify and return that, in obedience to the within writ, 1 have attached the within-described real estate, and summoned E. F., July 20th, A. D. 1852, at 11 o'clock, A. M., and G. H., July 21st, A. D. 1852, at 12 o'clock, M., tenants in possession, as garnishees. So answers, A. B., Sheriff. Where no Property of the Defendant is found. [Nihil, ^c] The within-named C. D. hath nothing in my bailiwick whereby he can be attached, nor is he found in the same. So answers, A. B., iSheriff. 2. RETURNS TO WRIT OF CAPIAS AD RESPONDENDUM. WJtere the Defendant is Arrested. {Cepi Corpus.] By virtue of the within writ, to me directed, I have taken the body of the said C. D., which I have ready before the Judges with- in named, at the day and place named, as I am commanded. So answers. Where the Defendant is Arrested, hut cannot he hrought into Court on account of Sickness. {Languidus.'] By virtue of the within vrrit, to me directed, I have taken the body of the said C. D., who remains in my custody in prison, so sick, weak, and infirm, that, without great danger of his death, I cannot have his body before the Judges within named, at the day and place named. So answers. * Where the Defendant cannot he Found. [Non est Inventus."] The within-named C. D. is not found in my bailiwick. [If there be more than one defendant, say, " The within-named C. D. and E. F. are not found, nor is either of them found, in my bailiwick."] So answers. Where the Defendant has been Arrested and Rescued. By virtue of the within writ, to me directed, I made my certain warrant, directed to M. N., my bailiff, to take and arrest the within-named C. D. ; which said bailiff, by virtue of the said war- rant, did, on the day of ■, A. D. 18 — , at , in the County of , take and arrest the body of the said C. D., 860 SHERIFF. and him in his (the said M. N.'s) custody ,then and there had. Whereupon a certain B. F., of , Teoman, in and upon my said bailiff then and there made an assault, and the said C. D. then and there out of the custody of my said bailiff, with force and arms, did rescue. And the said 0. D. himself then and there from the custody of my said bailiff, -with force and arms, &c., did rescue, withdraw, and escape. A,nd afterward the said C. D. was not found in my bailiwick. So answers. If the rescue has been made from the Sheriff himself, the above form may with- out dif&culty be so altered as to suit the case. 3. RETUKNS TO WRIT OF CAPIAS AD SATISFACIENDUM. Where the Defendant is Arrested and gives Bail. C. C. et B. B.* So answers. Where the Defendant is Arrested and Committed. [_Cepi Corpus.'] 0. C. et C.f So answers. Where the Defendant is Arrested and Committed, and afterward gives Bail. C. C, and afterward B. B.J So answers. Where the Defendant cannot he Found. {Non est Inventus.] N. E. I.§ So answers. Where the Defendant has been Arrested and Rescued. [For Form see that under Eeturna to Writ of Capias ad Respondendum, p. 858.] 4. RETURNS TO WRIT OF DISTRINGAS. Where Defendant's Bail is Attached. The within-named C. D. is attached by his pledges, E. F. and G. H. So answers. Where Nothing of Defendant is found. [Nihil.] The within-named C. D. hath nothing in my bailiwick whereby he may be distrained. So answers. * C. C. et B. B.— Abbreviation of " Cepi Corpus et Bail Bond." I C. C et C. — Abbreviation of " Cepi Corpus et OommittituT." X C. C, and afterward B. B. — Abbreviation of " Cepi Corpus, and afterward Bail Bond." g N. E. I.- -Abbreviation of "N'on Est Inventus." SHERIFF. 3g2 6. EETtJRNS TO WRIT OF DOWER. Beturn to Writ of Seisin, where the Widow Accepts. I, A. B., Esquire, High Sheriff of the County of , to the Judges in the writ to this schedule annexed named, do certify, that by virtue of the said m^it, to me directed, on the day of • , in the year, &o., I caused R. D., Widow, in the writ aforesaid named, to have full seisin of one-third part of one mes- suage, &c., with the appurtenances, in the same writ specified, to wit, [as the case may be,] in the tenure of B. P. ; also of one other messuage, &c., with free ingress and egress to and from the same respectively; to hold to the said-R. D. in severalty, by metes and bounds, in the name of the whole dower of her, the said R. D., to her happening of all the messuages, kitchens, gardens, and lands in the sai(^ writ specified, as by the same writ I am commanded. So answers. Meturn to Writ of Seisin, where the Widow will not Accept. I, A. B., Esquire, &c., do certify that by virtue, &c., I offered to R. D., Widow, &c., fuil seisin of one-third part, &c., [describing the parcels, as in above form,] which she refused to receive. So answers. 6. EETtTRNa TO WRIT OF FIERI FACIAS. Where the Levy has been made. [Fieri Feci.'] By virtue of the within writ to me directed, of the goods and chattels of the within-named T. E., I have caused to be levied the debt and damages specified, and these moneys I have ready before the Judges within named, at the day and place within mentioned, as I am commanded. So answers. Where nothing can be found on which to Levy. [Nulla Bona.] The within-named R. B. hath no goods or chattels, [lands or tene- ments,] whereof I can cause the moneys within mentioned, or any part thereof, to be levied. So answers. Where the Levy his been made ; but Goods are not yet Sold. By virtue, &c., of the goods, &c., I have caused to be levied to the value of the debt and damages within mentioned, which said goods remain in my hands for want of buyers ; therefore I cannot have the moneys within mentioned, before the Judges within named, at the day and place within contained, as I am commanded. Where a Levy has been made for only a Part of the Sum named. By virtue, &c., of the goods, &c., I have caused to be levied parcel of the debt and damages within mentioned, which 802 SHERIFF. moneys I have ready before the Judges within named, at the day and place within mentioned, as I am commanded. And I do further certify that the aforesaid C. D. hath no Other goods or chattels, [lands or tenements,] in my bailiwick, whereof I can cause to be levied the residue of the said debt. Where Groods of Defendant Levied upon did not amount to $300, To the Honorable the Judges in the within writ named. I do hereby certify and return that the defendant has no goods or chattels in my bailiwick not exempted by the provisions of an act to exempt property to the value of $300 from levy and sale on execution and distress for rent, and that in obedience to the said writ I seized and took in execution his goods, as per inventory an- nexed, to the value of |129.24, and he having claimed to retain the same under the provisions of the said act, I summoned to appraise the same the three disinterested and competent persons whose' ap- praisement is hereto annexed, and by whom the same were duly appraised according to the provisions of the Act of Assembly, &c. So answers. ' Where Personal Property of Defendant Levied upon amounted to more than $300. To the Honorable the Judges in the within writ named. I do hereby certify and return that in obedience to the said writ, 1 levied, January 3d, A. D. 1852, on the personal property of de- fendant, and after setting apart property to the value of $300 which he claimed, and was entitled to retain under the provisions of the Act of Assembly of April 9th, 1849, as per inventory and certi- ficate ot appraisement hereto annexed, I sold the residue of the personal property so levied upon, on the 23d day of January, A. D. 1852, for the sum of $252.25. So answers. Where an ExMutor has wasted Property of Decedent. \pevastavit.'\ To the Judges, &c. I do certify that the within-named E. P., after the death of the within-named 0. D., had divers goods and chattels in my bailiwick, which were of the aforesaid 0. D., at the time of his death, in his, the said E. P.'s hands, to be administered, to the value of the debt within mentioned ; but before the coming of this writ, the aforesaid E. F., the goods and chattels aforesaid, to the value of the debt afore- gaid, had wasted and to his own proper use had converted, whereby the debt and damages aforesaid, or any part thereof, I cannot cause to be levied as within I am commanded. So answers. Wliere a Levy has been made and the G-oods have been Rescued. To the Judges, &c. I do certify that by virtue of this writ to me directed, I made m-y SHERIFF. 863 certain warrant, directed to a certain E, B., my bailiff, to levy the debt and damages within mentioned, of the goods and chattels of the within-named C. D., according to the command of the said writ; which said F. B., afterward and before the return of the said \^rit, to wit, the day of , in the year, &c., at , in the county aforesaid, by virtue of my said warrant, did seize and take into his hands, divers goods and chattels of him, the said C. D., to the value of the debt and damages aforesaid, and the same in his custody then and there had and detained, until E. F. and G. H., with many other persons unknown, afterward, to wit, &c., at &c., in and upon my said bailiff, with force and arms, &c., an assault did make, and him, my said bailiff, did beat, wound, and evilly treat, and the goods and chattels aforesaid, out of the custody of the said F. B. then and there with force and arms did rescue, against th^ wiU of my said bailiff, and against the peace, &c. So answers. Or if the levy be made by the Sheriff personally, thus : By virtue of this writ to me directed, T seized and took into my hands divers goods, &c., and the same in my custody had, until a certain E. F., &c., afterward, to wit, &c., in and upon me, the said Sheriff, with force and arms, an assault did make, and me, the said Sheriff, did beat, &c. Where there are several Parties of the same name as Defendant, who is not particularly designated. To the Judges, &c. I do certify that there are divers persons in my county of.the name and surname of C. D., viz. C. D., of , C. D., of , &c. ; and that it is not mentioned in said writ of the goods and chattels of which of them the moneys within mentioned should be made ; therefore I could not execute the same. So answers. 7. RETUKNS TO WRIT OF HABEAS CORPUS. Where the Prisoner is brought, as required hy Writ. The body of the within-named C. D., by me before taken and detained, t)efore the Judges within named, at the day and place within contained, I have ready, as^within I am commanded. So answers. Where tjie Prisoner is brought and the Cause of his Detention is given, as required by Writ. \_Cum Causa."] The body of the within-named A. B., in my custody, together with the day and cause of his being taken and detained, before, &c., I have ready, as within I am commanded. So answers. 864 SHEBIFF. Where the Prisoner cannot he brought, owing to his Infrmity. [Languidus in JPrisona.J To the Judges, &c. !rdo certify that the within-named C. D. is so weak and infirm, in the prison of , in my custody, that I cannot have his body before, &c., without great danger of his death. So answers. Where the Party is not detained in Prison, S^c, To the Judges, &c. I do certify that the within-named C. D. is not detained in prison, in my custody, nor was he detained therein on the day of the re- ceipt of this writ; nor is there any cause of detention of him, the said C. D., remaining before me. So answers. Where the Prisoner is Detained hy Writ. To the Judges, &c. I do certify that before the coming of this writ, the within-named CD. was taken and committed to the prison of , in my cus- tody, by virtue of a certain other writ to me before directed, a true transcript whereof I send annexed to this writ. Nevertheless the body of the said 0. ,D. I have ready, &c. So answers. Where the Prisoner was Committed on Execution. To |he Judges, &c. 1 do certify that the body of the within-named C. D. is in execu- tion,' at the suit of E. F., for the sum of , returnable before, &c., on the -^ day of . Nevertheless the body of the said C. D.j I have ready, &o., So answers. Where the Prisoner was Committed on Warrant.- To the Judges, &c. I, A. B., Esq., High Sheriff of the County of , do certify, that before the conwng of this writ to me directed, to wit, on the day of last past, C. D., in the said writ named, was committed to my custody by virtue of a certain warrant [or mit- timus'] under the hands and seals of E. H. and T. C, Esqrs., two of the Justices of the Peace of the county aforesaid, the tenor of which said warrant follows in these words : " To the Keeper of the Jail," &c., [as in the warrant,"] and this is the cause of the taking and de- taining of the aforesaid C. D. in my custody. Nevertheless the body of the said 0. D. I have ready, &c. So answers. Where the Prisoner was Committed on Suifpieion. To the Judges, &c. I do certify that before the coming of this writ, the within-named SHERIFF. ^(35 ^ C. D. was committed to the prison of , on suspicion of coun- ' terfeiting the moneys of the United States, [or on suspicion of larceny, or as the case may be,] and for that cause and no other, in the same prison is detained. Nevertheless the body of the said C. D. I have ready, &c. So answers. Where the Prisoner was Committed on Indictment. To the Judges, .&c. I do certify that before the coming of this writ, to wit, at a Court of, &e., held, &c., before, &c., the within-named C. D. was indicted for, &c., and by the same Court was committed to the prison of , which said indictment remains before the said Judges at, &c. Nevertheless the body of the said C. D. I have ready, &c. So answers. Additional Clause to Return, where the Prisoner is held for several causes. And also the said C. D. is detained in the prison of the said county by virtue of a certain writ of against him, at the suit of E. ¥., of a plea of . And also of the bill of the said E. F. against him, the said C. D., for dollars, returnable before the Judges at , the day of :— last past. And these are the causes of the taking and detaining of the aforesaid C. D. Nevertheless the body of the said C. D. I have ready, &c. So answers. 8. RETURN TO WRIT OF HABERE FACIAS POSSESSIONEM. Where Possession is given and Levy made-. [Cum Fi. Fa.'] By virtue of this writ to me directed, on the day of - m the year within mentioned, I caused the within-named E. F. to have possession of his term within specified, of the tenements within mentioned, with the appurtenances. And I have also caused to be levied of the goods and chattels of the within-named C. D., the damages within mentioned, which moneys I have ready before the Judges within named, at the day and place within contained, to render to the said E, F., as within I am commanded. So answers. 9. RETURN TO WRIT OF INQUIRY OF DAMAGES. The execution of the within writ will appear by reference to a certain inquisition or schedule hereto annexed. So answers. 5o SHERIFF. Form of Inquisition or Schedule, on Writ of Inquiry of Damages. County of , sb. , A. D. One thousand An inquisition indented and taken at the of the county aforesaid, this day of eight hundred and , before W. D., High Sheriff of the county aforesaid, by the oaths and affirmations of the Jurors whose names and seals are hereunto annexed, good and lawful men of my baili- wick, who say upon their oaths and affirmations that J. S., Plaintiflf in the writ to this inquisition annexed named, has sustained damages by means of the premises in the said writ mentioned, against T. B., Defendant, to the' amount of dollars, lawful money of the United States, and costs. In testimony whereof, as well I, the said Sheriff, as the Jurors tiforesaid, to this inquisition have affixed our hands and seals, the day and year above mentioned. 'iiSfe W. D., -^«s^^- T. D. S. N. G. D. And ten other Jurymen. 10. RETURNS TO WRIT OF REPLEVIN. Where Property is Delivered to Plaintiff. Replevied as within commanded and summoned the defendant, December 20th, 1851 ; and property replevied delivered to plain- tiff. So answers. Where one of the Defendants was and one could not be Found. Replevied as within commanded, and summoned the defendant C. D., by giving to him a true and attested copy of the within writ, July 21st, 18 — , at o'clock, — M., and making known to him the contents thereof; nihil hahet as to defendant E. F. ; and delivered the property to plaintiff. So answers. Where Property Bond is Entered. Replevied, as within commanded ; summoned the defendant ; property bond entered by 0. P., [plaintiff,] and property delivered to said 0. P. So answers. SHERIFF. 867 ^V7lere the Property has been Carried off. [^Elongata."] Before the coining of this writ, the goods and chattels within men- tioned were eloigned ta,places by me unknown. Therefore I can- not replevy the same, as within I am commanded. So answers. Where a portion of the Property mentioned in a Writ cannot be Found. Replevied, as within commanded, two colts, being part of the property named in the within writ ; summoned the defendant, July — , 18 — ; and delivered said property to plaintiff. Four oxen and two ploughs, the residue of the property within named, were eloigned. So answers. Where the Plaintiff has not given Bail. The withia-named E. F. hath not found any bail to prosecute this writ ; therefore nothing hath been done toward the execution thereof. So answers. x Where no one came, on the part of Plaintiff, to show the G-oods. [Nullus Venit, ^c.'] To the Judges, &c. I do certify that no one came, on the part of the plaintiff, to show the goods to me. So answers. 11. RETURNS TO WRIT OF SCIRE FACIAS. Where Defendant [or Defendants'] cannot be found. Nihil habet as to the within-named 0. D., [or, Nihil hdbent as to the within-named C. D. and E. F.] So answers. Where the Contents of Writ were made known to Defendant. [Scire Feci.] Made known, July 20th, 1852, by giving a true and attested copy of the within writ to the defendant, [or each of the defend- ants, if there be more than one,] and making known to him [or therri] the contents thereof. So answers. Where the Defendant was not found, but is a Married Man and a Housekeeper. Made known, July 20th, 1852, by leaving a true and attested copy of the within writ at the residence of the defendant, with an adult member of his family. So answers. 868 SHERIFF. Where one or more of the Defendants can he found, and Another or Others cannot. Made known, July 20th, 1852, by giviftg a true and attested copy of the within writ to C. D., [or 0. D. and E. F.,] one [or two, &c., as the case may be] of the within-named defendants, and making known to him [or them^ the contents thereof; and nihil habet as to G. H., [or nihil habent as to G. H. and I. J.] So answers. On 8ei. Fa. to revive Judgment, with notice to Alienee and Terre- Tenant. Made known, July 20th, 1852, by giving a true and attested copy of the within writ to E. F., terre-tenant, and by making known to him the contents thereof; and by leaving, on the same day, a like copy at the residence of G. H., alienee, with an adult ipember of his family. So answers. On Set. Fa. sur Mortgage, by service on Tenant in Possession. Nihil habet as to defendant ; and made known, July 21st, 1852, by leaving a true and attested copy of the within writ with L, D., tenant in possession of the premises within described. So answers. On Soi. Fa. sur Mortgage, where service is on both Defendant and Terr e- Tenant. Made known by leaving a true and attested copy of the within writ at the dwelling-house of the defendant, G. W. C, with an adult member of his family, August — , A. D. 18 — ^ ; and by giving a like copy to the terre-tenant, W. M. R., and making known to him the contents thereof, August -^, A.D. 18 — . So answers. On a Sei. Fa. sur Claim, where service is on D^endant and on Tenamt in Possession. Made known .by giving p. true and attested copy of the within writ to the defendant, 0. W. K., and by making known to him the contents thereof, August — , A. t). 18 — ; and by giving a like copy to E. Y., he being the tenant in possession of the premises within described, and by making known to him the contents thereof, August — , A. D. 18 — . So answers. 12. RETURNS TO WRIT OF SUMMONS. Where Defendant [or Defendants'] could not be Found. Nihil habet as to the within-named C. D., [or, Nihil habent as to the within-named C. D. and B. F.] So answers. SHERIFF. 869 Where served on Defendant [or Defendants] personally. Served, July 21st, 1852, by giving a true and attested copy of the -within writ to the defendant, [or defendants,"] and making known to Mm [or them] the contents thereof. So answers. Where served on Defendant, by leaving a copy at his Residence. Served, July 24th, 1852, by leaving a true and attested copy of the within writ at the residence of the defendant, with an adult member of his family. So answers. Where served on one of the Defendants personally, on another by leaving a copy at his residence, and the other Defendants could not be Found. Served, July 21st, 1852, by giving a true and attested copy of the within writ to the defendant, C. D., and making known to him the contents thereof ; by leaving a true and attested copy at the residence of the defendant, E. F., with an adult member of his family ; and nihil habet as to defendant, G. H., [or nihil haben! as to G. H. and I. J.] So answers. Where served on a Corporation. Served, July 2l8t, 1852, by giving C. D., President [or other officer of the company] of the Company, a true and attested copy of the within writ, and by making known to him the contents '-hereof. So answers. ^ Where served on a Foreign Corporation. Served, by giving a true and attested copy of the within writ to F. C, Baggage-Master of the Ije-w Jersey Railroad and Transpor- tation Company, on board the Steamboat Trenton, at Walnut Street Wharf, in the City of Philadelphia, and by making known to him the contents thereof, November — , A. D. 18— ■. So answers. To an Alias Summons in Covenant. Served, by posting a true and attested copy of the Tfithin writ upon the premises described in a certain paper annexed to this wi-it, December — , 18—, and by advertising once a week for two weeks in the , a daily paper published m the City of Phila- delphia, agreeably to the Act of Assembly; and nihil habet as to ythe defendant. So answers. Of Acceptance-of Service of Svmmons. Service accepted by defendant's ojunsel. So answers. 870 SHERIFF. 13 RETURNS TO WRIT OF VENDITIONI EXPONAS. For Real Estate. To the Honorable the Judges within named. In obedience to and by virtue of the -vnthin \mt, after due, fair, and legal notice having been by me given of the time and place of sale, by advertisement in divers public newspapers, and by hand- bills set up in the most public places in my baOiwiek, I did, on the day of ■■ — , A. D. 18 — , at , in the of , expose the premises in the within writ described, with the appurtenances, to sale by public vendue or outcry ; when and where A. A , of the ^ — of , bought the premises in the within writ first described, marked No. 1, for the price or sum of dollars, subject to the ground-rent within mentioned ; the second described, marked No. 2, for the price or sum of dollars ; the third iiescribed, marked No. 3, for the price or sum of dollars ; and the last described, marked No. 4, for the price or sum of dollars, those being the highest and best prices bidden for the same, making together the sum of ^ dollars ; which said moneys I have now ready before the said Judges, to render as within I am commanded. So answers. For Sale of Personal Property. In obedience to and by virtue, &c., I did, &c., expose to sale the goods and chattels within mentioned, to the value of the debt and damages within specified ; which moneys I have now ready before the said Judges, to render as within I am commanded. So answers. Where part of Personal Property is Sold. In obedience to and by virtue, &c., I did, &c., expose to sale the goods and chattels within mentioned, to the value of dol- lars ; which moneys I have now ready before the said Judges, to render as within I am commanded. And the residue of the goods and chattels aforesaid yet remain in my hands unsold, for want of buyers. So answers. 14. RETURN TO WRIT OF VENIRE FACIAS JUEATORES. The execution of this writ appears in a ceiWii pjitl hereunto annexed. So answers, A. B., Sh^ff. STJBPCENA. 871 SUBPCENA. A SrBPtENA, at common law, is a process to cause a witness to ippei>r and giTC testimony, commanding him to lay aside all pretences and excuses, and appear before a court, magistrate, or arbitrators therein named, at a time therein men- tioned, to testify for the party named, under a penalty therein mentioned. If the witness neglect or refuse to attend as commanded, upon proof of service of a sub- poena upon him, and that he is a material witness, an attachment may be issued against him for a contempt. • By the Act of 11th April, 1848, sec. 4, any auditor, in the performance of his duties, may issue subpoenas to or attachments against witnesses, directed to the sheriff or any constable of the proper county for execution. In the Equity Courts, " Subpoena" is the term given to the writ commanding the defendant to appear and answer the bill. Subpoena without \or witK\ Clause of Duces Tecum. County, 8«. , The Commonwealtli of Pennsylvania, to A. B., greeting: We command you that, setting aside all manner of business and excuses whatsoever, you be and appear in your proper person before our Judges at , at our Court of Common Pleas for the County of , there to be held the day of , A. D. 18 — , at ten o'clock in the forenoon of that day, to testify all and singu- lar those things -which yOu shall know in a certain action now de- pending and undetermined, between C. D., plaintiflF, and E. F., defendant, on the part of the plaintiff, [or defendant, as the case may be,] [and that you bring with you all and singular the day- books, ledgers, letter-books, and all papers and documents whatever, of the said C. D. ;] and this you are not to omit, under the penalty of one hundred pounds. Witness the Honorable G. H., President of our said Court, at ^ the day of , in the year of our Lord one thousand eight hundred and . W. K., Prothonotary. The words enclosed in the last brackets in the above form are the clause of Duca Tecum. Form of Subpoena issued by Arbitrators. ■ County, ss. The Commonwealth of Pennsylvania, to N. 0. and P. Q., greet- ing : We command you, and each of you, that you be and appear in your proper persons before A. B., C. D., and B. P., Arbitrators appointed to hear and decide all matters in variance between the parties in a certain action, wherein Or. H. is plaintiff and J. K. de- fendant, at the house of L. M., in the Township of , oi> 872 WARRANT OF ARREST. the day of next, then and there to give evidence on the part of the plaintiff, [or defendant, as the case may be.] Hereof fail not, under the penalty which may ensue, Witness our hands, the day of ■■ — , A. D. 18 — . A.B,1 0. D., yArlitratorg. E. P., j WARRANT OF ARREST. The Act of Aasembly of Pennsylvania, of 12th July, 1842, to abolish imprison- ment for debt, and to punish fraudulent debtors, provides that no person shall be arrested or imprisoned on any civil process issuing out of any Court of the Com- monwealth, in any suit or proceeding instituted for the recovery of any money due, upon any judgment or decree, founded npon contract, express or implied, or for the recovery of any damages for the non-performance of any contract, except- ing in proceeding as for contempt, to enforce civil remedies, actions for fines or penalties, or on promises to marry, on moneys collected by any public officer, or for any misconduct or neglect in office, or in any professional employment; in which cases the remedies remain as they were befofe the passage of that Act. The said Act also provides that in all cases where the party to a suit cannot be arrested or imprisoned : that it shall be lawful for the party who shall have com- menced a suit, or obtained a judgment in any Court of Record, to apply to any Judge of the Court in which the suit shall have been brought for a warrant to arrest the party against whom the suit shall have been commenced, or the judg- ment shall have been obtained, whereupon the said Judge shall require of the said party satisfactory evidence, either by the affidavit of the party making such application or som6 other person or persons, that there is a debt or demand^ due to the party making such application from the other party in the suit or judgment, in which affidavit the nature a^d amount of the indebtedness shall be set forth as near as may be. If the demand set forth in the affidavit be such that the parti/ could not, accord- ing to the provisions of the said Act, be arrested, and if the affidavit shall establish to the satisfaction of the Judge, one or more of the foUomng particulars, to wit: That the party is about to remove a/ny of his property out of the jurisdiction of the Court in which such suit is brought, with intent to defraud his creditors. Or, that he has property which he fraudulently conceals: Or, that he has rights in action, or some interest in any public or corporate stock, money, or evidence of debt, which he unjustty refuses to aj^fy to the payment of any such judgment or judgments, which shall have been rendered against him, belonging to the complainant : Or, that he has assigned, removed, or disposed of, or is about to dispose of, any of his property with intent to defraud his creditors: Or, that he fraudulently contracted the debt or incurred the obligation respecting which suit is brought : It shall be the duty of the said Judge to Issue a warrant of arrest. The following forms are given under this Act of 12th July, 1842, and may be varied to suit any of the above-mentioned provisions : — WARRANT OF ARREST. 873 Form of AffidaDit hy Plaintiff to procure a Warrant of Arrest under the Act of Assembly of Pennsylvania, of 12th July, 1842. John Doe ") Before the Hon. David Derickson, one of the vs. > Judges of the Court of Commoin Pleas of Erie Richard Roe. J County. The plaintiff by his attorney moves the Hon. David Derickson to issue a warrant of arrest in favor of the plaintiff against the above-mentioned defendant upon the subjoined affidavit, according to Act of Assembly. J. T., Attorney for Plaintiff. Erie County, ss. John Doe being duly sworn, doth depose and say, that a suit has been commenced in assumpsit by him against the above-named defendant in the Court of Common Pleas of Urie County, '[or as the case may 6e,] Ifo. 200, February Term, 1857, and is now pending and undetermined. That said defendant is indebted to deponent, for which this suit is brought, in the sum of two hundred an?l twenty dollars, with interest thereon since July 1st, 1856, which debt is still due and owing and unpaid ; that he verily believes that the said Richard Roe has removed and is about to remove his property out of the jurisdiction of this Court for the purpose of defrauding his creditors, and that he has property and money which he fraudulently cbnceals and refuses to apply to the payment of his debts, and further that he believes that he has assigned and otherwise disposed of property for the purpose of defrauding his creditors, and that he fraudulently contracted the debt for which this suit was brought, all of which he verily believes from his own knowledge and information from other persons. Sworn and subscribed before me, this 1 JOHN DOE. day of , A. D. 1857. / David Derickson, President Judge. I certify the above and foregoing to be a true copy of an affi- davit upon which a warrant was this day issued in favor of John Doe V. Richard Roe. DAVID DERICKSON, February 28th, 1857. President Judge, Another Form of Affidavit by a witness who is not the Plaintiff, to procure a Warrant of Arrest under the Act of Assembly of Pennsylvania, of 12th July, 1842, in relation to Fraudulent DeSiors. A B "1 ■ ' I Before the Hon. John Galbraith, one of the Judges c'^T) I °^ ^^^ Court of Common Pleas of Erie County. The plaintiff by his attorney moves the Hon. John Galbraith to issue a warrant of arrest in favor of the plaintiff against the 674 WARRANT OF ARREST. above-mentioned defendant, upon the subjoined affidavit, accord- ing to Act of Assembly, J. T., Attorney for Plaintiff. Erie County, ««. E. F. being duly sworn, [or affirmed] deposes and says, that he is acquainted with the facts of this case, that a suit has been eom- menoed by the plaintiff against the defendant above-named, in the Court of Common Pleas of Erie County, [or obtained a judgment in any (hurt of Record as the case may be,] and is now pending, No. 10.0, of February Term, 1857, that said defendant is indebted to the plaintiff in the sum of three hundred dollars, with interest from the first of January, A. D. 1856, which debt and costs of suit are still due, owing, and unpaid, and deponent verily believes that said C. D. has removed and is about to remove his property out of the jurisdiction of this Court for the purpose of defrauding his creditors, and that he has property and money which he fraudu- lently conceals and refuses to apply to the payment of his debtSj and that he has assigned his property for the purpose of defraud- ing his creditors, and that he fraudulently contracted the debt re- specting which the said suit is brought, all of which he verily believes from his own knowledge and information from other persons. ' E. F. Sworn and subscribed before me, this day of , A. D. 1854. John Galbraith, President Judge. I certify the above and foregoing to be a true copy of an affi- davit upon which I issued' a warrant of this date, issued in favor of A'. B. V. C. D. JOHN GALBRAITH, March 9th, 1857. President Judge. Form of Warrant of Arrest hy a Judge, under Act of 12th July, 1842. Erie County, ss. The Comnionwealth of Pennsylvania, to the Sheriff or any con- stable of Erie 'County, greeting: Whereas, complaint has this day been made before me, on the oath [or affirmation, as the case may be] of John Doe, setting forth [here briefly set forth the com- plaint.] These are therefore to command you to arrest the said Richard Roe, and bring him [or them, as the case may be] before me at my office, [here insert the residence of the Judge,] without delay, to be dealt with according to law. And have you there also this precept. Witness my hand at Erie, this 28th day of February, A. J). 1857. DAVID DERICKSON, President Judge. } WARRANT OF ARREST. 875 It, is required by said Aet that /lie above warrant shall be nooompanied by a eopy of all affidayits presented to the judge, upon which the warrant was issued, which shall bo certified by Buoh Judge, and shall be delivered to the party at the time of serving the war^ant 'oy the officer serving the same. The officer to whom suoh warrant shall be delivered, shall execute the same by arresting the person or persona therein named, and bringing him or them before the Judge issuing the warrant, and shall keep inVustody until he shall be duly discharged or committed, as provided in said Act. On the appear&nce of the person so arrested before the Judge, he may contro- vert any of the facts and circumstances on which such warrant issued, and may at his option verify his allegations by his affidavit, and in case of his so verifying the game, the complainant may examine him on oath, touching any fact or circum- stance material to the inquiry, and the answers on such examination shall be re- duced to writing and subscribed by him, and the officer conducting such inquiry shall also receive such other proof as the parties may offer, either at the time of such first appearance or at such other times as such hearing shall be adjourned to, ind in case of an adjournment, the Judge may take a bond with or without surety for the appearance of the party arrested at the adjourned hearing. The Jiidga can discharge or commit to the jail, as the facts in the case may appear ; but such commitment shall not be granted if the defendant shall pay the debt or demand claimed with costs of suit, and of the proceedings against him, or give security to the satisfaction of the Judge before whom the hearing shall be had, that the debt or demand, with the costs of suit and proceedings against him shall be paid with interest, within sixty days, if the demand be in judgment, and the length of time for stay of execution given by law on debts of like amount has expired, and if the said length of time has not elapsed, then, that the same shall oe paid at the expiration of that time, if that shall be sixty days distant from the time of giving said security, and if not, then, that the same shall be paid within sixty days from the time of giving the same. If the demand be not in judgment at the time of giving said security, tiie day of payment shall be regulated by the same rule, but in no case shall the party be required to give surety for the pay- ment of the debt before the recovering of judgment. It is further provided that such commitment shall not be granted if the party arrested shall give bond to the complainant in a penalty of not less than twice the amount of the debt or demand claimed^ with sucll sureties as shall be approved by such judge, conditioned that he will not remove any property which he then has out of the jurisdiction of the Court in which suit is brought, with the intent to de- fraud any of his creditors, and that he will not assign, sell, convey, or dispose of any of his property with such intent, or with a view to give a preference to any creditor for any debt, antecedent to such assignment, sale, conveyance, or disposition, until the demand of the complainant, with costs, shall be satisfied, or until thirty days after final judgment shall be rendered in the suit brought for the recovery of such demand ; provided, however, that the 10th section of said Act shall apply only to cases where the only fraudulent design against the party arrested is, that he is about to remove any of his property out of the jurisdiction of the Court in which such suit is brought, with intent to defraud his creditors. The said Act further provides that the commitment shall not be granted if the person arrested shall give bond with the securities that he will within thirty days apply by petition to the Court of Common Pleas of the County, or a Judge thereof, if not in session, for the benefit of the insolvent laws. For further provisions. on this subject see said Act of 12th July, 1842. Pamph. L. 339. Brightly's Purdon, 28. Dunlop, 869. 876 WILL. WILL. A VfiLii or Tesiahbnt is the legal declaration of a man's intentions of what ha wills to be performed after hia death. Go. Lit. Ill ; Shep. Touch. 399. The principles of the English law, on this subject, have been generally adopted by the several states of our Union, excepting Louisiana, (where the civil law prevails,) though in almost all of them more or less qualified by legislative provisions. By the law of England (at the time of our Bevolution) all persons of sound mind are competent to make a will, with the exception of infants, (if males, under the age of fourteen, arid if females, under the age of twelve,) and married women ; though they may, with their husbands' license, given to the particular will in question, and by deeds of settlement, made previous to marriage, through the aid of Courts of Chancery, make a testamentary disposition of their property. Testaments are of two kinds, written,- and verbal or nuncupative. By the English statute of frauds and perjuries, 29 Car. 2, c. 3, all devises of lands and tenements shall not only be in writing, but signed by the testator, or some other person in his presence, and by his express direction, and be subscribed in his presence by three or four credible witnesses. It is not necessary that written wills of personal property should have any witness of their publication ; but ". testament of chattels is good if the testator's handwriting can be proved, though it has neither his name, nor seal, nor witnesses thereto ; and though not written by him, yet if shown to be by his instructions, it is still good. See 2 Black. Com. 37B and 502. The Pennsylvania law regarding nuncupative) wills is sub- stantially the same as that of England, (see st^ra,) excepting that, by the general law, three witnesses are necessary. No testament is of any effect till the death of the testator ; hence one may be avoided by cancellation or revocation, or by the making a testament of later date. Also, msirriage and the birth of issue amounts to an impUed revocation. An executor should be named in a will. If one is not, an administrator, with the wUl annexed, is appoii;ted. No legatee, devisee, or interested party should be witness to a will. To pass real estate, the devise must conform to the law of the place where the land is situated ; but for personal property, the rule is the law of the domicil of the testator. Particular attention should be given to the enactments in Pennsylvania, hereto annexed, as they materially qualify and alter the appHoation of the English rules on this subject. By sec. 6th of the Act of Assembly of Pennsylvania, of 8th April, 1833, (Pamph. L. 249,) "Every will shall be in writing, and unless the person making the same shall be prevented by the extremity of his last sickness, shall be signed by him at the end thereofi or by some person in his presence, and by his express direction, and in all cases shall be proved by the oaths or affirmations of two or more com- petent witnesses, otherwise such will shall be of no effect." By sec. 7th it is " provided, that personal estate may be bequeathed by a nun- cupative will, under the following restrictions : "1. Such will shall in all cases be made during the last sickness of the testator, and in the house of his habitation or dwelling, or where he has resided for the space of ten days or more, next before the making of such will, except where such person shall be surprised by sickness, being from his own house, and shall die before returning thereto, "2. Where the sum or value bequeathed shall exceed one hundred dollars, it shall be proved that the testator, at the time of pronouncing the bequest did bid the persons present, or some of them, to bear witness that such was his will, or to that effect ; and in all oases the foregoing requisites shall be proved by two or more witnesses who were present at the making of such will." And by sec. 8th it is further "provided, that notwithstanding this act, any WILL, gyy mariner being at sea, or any soldier being in actual militarj service, may dispose of his movables, irages, and personal estate as he might have done before the making of this act." By the Act of 15th March, 1832, it is provided, that "no testimony shall be received to prove any nuncupative will, after six months elapsed from the speaking of the pretended testamentary words, unless the said testimony, or the substance thereof, were committed to writing within six days after the making »f such will." The Act of 8th April, 183S, above quoted, requires that any testator, at the time of making his will " shall be of the age of twenty-one years or upwards ;" and enacts that " any one competent to make a will, being a father of any minor child unmarried, may devise the custody of such child, during his or her minority, or for any shorter period." In Pennsylvania, by Act of Assembly, if the widow accept under the will of her husband, she waives her right of dower at common law, unless such testator shall in his vrill declare otherwise ; but it is optional with her to accept under the will or to retain her right of dower. In most other states it is necessary to state in the will that the devise or bequest to the wife is in lieti of her dower, to make it thus operative, and in the forms in this work such a clause is inserted, although not necessary in this state. By the Act of 27th January, 1851, (Pamph. L. 16,) it is enacted, " That every last will and testament heretofore made, or hereafter to be made, excepting such as may have been finally adjudicated prior to the passage of this act, to which the testator's name is subscribed by his direction and authority, or to which the tes- tator hath made his mark or cross, shall be deemed and taken to be valid in all respects: provided the other requisites, under existing laws, are complied with." See 1 Jones, 489. By sec. 7th of the Act of 11th April, 1848, (Pamph. L. 537,) it is enacted, "That any married woman may dispose, by her last will and testament, of her separate property, real, personal, or mixed, whether the same accrues to her before or during coverture: provided, that said last will and testament be executed in the presence of two or more witnesses, neither of whom shall be her husband." By sec. 13th of the Act of 8th April, 1833, it is enacted, " That no will in writing concerning any real estate shall be repealed, nor shall any devise or direction therein be altered, otherwise than by some other will or codicil in writing, or other writing declaring the same, executed and proved in the same manner as is hereinbefore provided, or by burning, cancelling, or obliterating or destroying the same by the testator himself, or by some one in his presence, and by his express direction." See 8 W. & S. 275, 295; 2 Pa. S. R. 110. By sec. 14th, "No will in writing concerning any personal estate shall be repealed, nor shall any bequest or direction therein be altered, otherwise than as hereinbefore provided in tiie case of real estate, except by a nuncupative will, made under circumstances aforesaid, and also committed to writing in the lifetime of the testator, and after the writing thereof read to or by him, and allowed by him, and proved to be so done by two or more witnesses." By sec. 15th, "When any person shall make his last will and testament, and afterwards shall marry or have a child or children not provided for in such will, and die leaving a widow and child, or either a widow or child or children, although such child or children be bom after the death of their father, every sucli person, so far as shall regard the vridow, or child or children after born, shall be deemed and construed to die intestate, and such widow, child, or children shall be entitled to such purparts, shares, and dividends of the estate, real and personal, of the deceased, as if he had actually died without any wiU." See 2 Pa. S. R. 212. And by sec. 16th of said Act it is declared "that a will executed by a single woman shall be deemed revoked by her subsequent marriage, and shall not be re- vived by the death of her husband." In drafting a will no precise form of words is essential to its validity. The form may be varied, provided the requirements of the law are complied with in what are deemed essentials. Nor is there necessity for directing how the testator's debts shall be paid, siuop the law fixes this and requires that they be satisfied before legacies are paid."" But much care should be taken that the wishes of the testator be clearly expressed in proper terms : the want of such care causing Oiost of the dif&cultles relative to wills. 878 ■ ^ILL. A Codicil is a supplement to a will, or an addition made by the testator, and an- nexed to, and to be taken as part of, a testament ; being for its explanation, or alteration, or to make some addition to, or else some subtraction from the former dispositions of the testator. This may also be either written or nunbupatire. A codicil may be annexed constructively, to a will. 2 Black. Com. 500. I'orm of a Will digpoging of Pergonal Property only. I, John Jay, of -r- , in the County of and State of Yeoman, being of sound mind, memory, and understand- ing, do make and publish this my last will and testament, hereby revoking and making void all former wills by me at any time here- tofore made. And first, I direct that my body be decently interred in the Cemetery, in , according to the rites and ceremonies of the Church, and that my funeral be conducted in a manner cor- responding with my estate and gitiiation in life. As to such estate as it hath pleased God to intrust me with, I dispose of the same as follows, viz : Item. I give and bequeath to my beloved wife, Mary Jay, the sum of dollars. Item. I give and bequeath to my oldest son, James Jay, the sum of ' dollars. Item. I give and bequeath to my second son, William Jay, the sum of dollars. Item. I give and bequeath to my daughter, Maria Jay, the sum of dollars. Item. I give and bequeath to my daughter, Sarah J. Lewis, wife of Joseph Lewis, the sum of dollars. The above sums to be paid to them respectively in one year after my decease. Item. I also forgive unto my son, James Jay, the sum of dollars out of the principal sum of dollars, which he owes to me upon bond dated , A. D. 18 — . Item. I also give and bequeath to each of my grand-daughters, Anna Brown and Caroline Brown, (children of my late daughter Catherine, wife of Joseph Brown,) the sum of dollars, to be paid to them respectively on their arriving respectively at the age of twenty-one years ; the same to be put out at interest at the dis- cretion of my executrix hereinafter named, and the interest accru- ing therefrom to be applied to their education and maintenance respectively, till their arrival respectively at the said age of twenty- one years. And in case either of them shall die without issue before the age of twenty-one years, then I give the share of her, my said grand-daughter so dying, unto the survivor of them. And if both of my said grand-daughters shall die without issue before attaining the age of twenty-one years, then I give and bequeath the whole of the said several sums unto my children, James Jay, William Jay, Maria Jay, and Sarah J. Lewis, share and share alike. WILL. 879 All the rest and residue of my personal estate, whatsoever and wheresoever, of what nature, kind, and quality soever the same may be, and not hereinbefore given and disposed of, (after paying my debts, legacies, and funeral expenses,) I give and bequeath unto my said wife, Mary Jay, to her own use and benefit slbsolutely. And I do hereby constitute and appoint my said wife, Mary Jay, sole Executrix of this my last will and testament. In witness whereof, I, John Jay, the Testator, have to this, my will, written on one sheet of paper, [or pwrchment,!^ set my hand and seal, this day of , A. D. one thousand eight hun- dred and . Signed, sealed, published, and declared' by the above-named John Jay, as and for his last will and testament, in the presence of us, who have hereunto subscribed our }■ names at his request as witnesses thereto, in the presence of the said testator, and of each other. Benjamin R. Tuttle, Dyer Loomis, Scott Keath. JOHN JAY. Form of a Will diapoging of both Real and Personal Property, part in Fee and part for a Life Estate. I, John Jones, of , in the County of and State of -, Yeoman, being of sound mind, memory, and understanding. do make and publish this, my last will and testament, hereby re- voking and making void all former wills by me at any time hereto- fore made. • * And first, I direct that my body be decently interred in the Cemetery, in , according to the rites and cere- monies of the Chwrch, and that my funeral be conducted in a manner corresponding with my estate and situation in life. As to such estate as it hath pleased God to intrust me with, I dispose of the same as follows, viz :f*^ Item. I give and bequeath to my beloved wife, Mary Jones, all my household furniture, my library in my mansion or dwelling- house, my span of horses, coach, and coach-harness ; and also dollars in money, to be paid to her by my executor herein named as soon after my decease as can be consistently with a proper settlement of all my debts ; and to have and to hold the same to her and to her heirs and assigns for ever. I also give, devise, and bequeath to her, my said wife, the use, improvement, and income of my messuage and lot [or tract, as the case may be] of land on which my dwelling-house is situated, of acres, 880 WILL. with its appurtenances ; and all that piece or parcel of land situ- ated, &c., [here describe the land, and also any other tract or tracts in which the testator desires his wife to have a life estate,] and its appurtenances ; to have and to hold the said several messuages above described, and appurtenances, for and during her natural life. Item. I give and bequeath to my honored mother, Martha Jones', dollars, to be paid to her for her sole use and benefit, by my executor, hereinafter named, as soon as can be consistently with a proper settlement of all my debts. Item. I give, devise, and bequeath to my daughter Marianne the sum of dollars, and also the following described real estate, viz. [here describe the real estate,] with the appurtenances, to have and to hold the said messuage [or messiiages] and tract of land above described, to her, her heirs and assigns for ever. Item. I give, devise, and bequeath to my son, John Jones, Jr., the sum of dollars, and alfio the following described real estate, viz. [here describe the said real estate,] with the appurte- nances, to have and to hold the said messuage [or messuages'] and tract of" land above described, to him, his heirs and assigns for ever. Item. I give, devise, and bequeath to my son^ William Jones, &c., [as the case may be.] Item. I give, devise, and bequeath to my son, Robert Jones, &c., [as the case may be.-] Item. I give and devise to my daughter Marianne, and my sons, John Jones, Jr., William Jones, and Robert Jones, share and share alike, the reversion or remainder of the real estate herein devised to my said wife Mary Jones, (during her natural life,) from and after the decease of my said beloved wife, to have and to hold the same in common to them, my said daughter and sons, their heirs and assigns for ever. Item. I give and bequeath — :; dollars to be appropriated for the purchase of a library, to be selected by my executor, for the use of the Public School of District No. — , in Township, and the receipt of the School Directors of said District, for the library aforesaid, shall be a sufficient discharge to my said executor. Item. I give and bequeath dollars to be appropriated for the purchase of a library, to be selected by my executor aforesaid, for the use and benefit of the Sunday-school attached to the Church in , and the receipt of the Superintendent of said school, for the library aforesaid, shall be a sufficient discharge to my said executor. Item. Whatever other property I may have at the time of my decease, whether real, personal, or^mixed, I give, devise, and be- queath as follows, viz. all the real estate to my wife, during her natural life, and the reversion or remainder of the same, after her death, to my said daughter and sons, in common, and their heirs and assigns for ever. Of , the personal and mixed estate I give and bequeath to my said wife one-third absolutely, and the remaining two-tliirds to my said children, siiare and share alike. The share of my real and personal estate herein devised and bequeathed to my wife, to be in lieu of her dower at common law. Lastly. I appoint omy esteemed friend James Davis to be the Executor of this my last will and testament. In witness whereof, I, John Jones, &c. [as in form p, 878.] Another Form of Will Disposing of both Real and Personal Property. [As in " Form of a Will disposing of both Real and Personal Pro- perty," p. 878, to t*3.] First. I direct that all my stock in trade be sold by public auction for good current money, but not upon credit ; and that all the real estate of which I shall die seized or possessed, shall be sold by my executors hereinafter named, for its reasonable value, for like current money, or on such credit, and the amount thereof secured in such manner as is usual in like cases to insure the full and punc- tual payment thereof. And to effectuate this my intention^ I do hereby vest in my said executors full power and authority to diispose of my real estate, in fee simple, or for a term of years, or otherwise, in as full and large a manner, in every respect, as I could myself do, if living. Item. I give and bequeath the-whole of my household furniture to my beloved wife, Mary Jones, if she shall be living at the time of my decease ; but if she shall not survive me, then to such of my daughters, then unmarried, as shall be then living, share and share alike, and to be apportioned by three impartial neighbors, mutually chosen by my said daughters for that purpose. Further, I do direct that the net produce of my personal estate, heretofore ordered by me to be disposed of, be divided equally, as soon as it can be done, share and share alike, among my said wife and my several children who shall survive me ; and that the produce of the real estate, if sold on credit, shall be divided in like manner, as soon as it shall come into the hands of my executors ; the heirs or representatives of any of my children, who shall have died between the time of my decease and the time of such division or distribution, to be entitled to such share or shares as their parents respectively would have been entitled to receive, if then living ; and the share of my real and personal estate, thus bequeathed to my wife, to be in lieu of her dower at common law, if she shall so elect. ^nd I do hereby make and ordain my esteemed neighbors, Daniel Stone and Charles Dean, Executors of this my last will and testa- ment. •■ In witness, &c., [as in " Form of a Will disposing of Personal Property," p. 878.J 56 Jj'2 WILL. Another Form of a Will disposing of loth Real and Personal Property. [As in Form of a Will disposing of both Real and Personal Pro- j rty," p. 878, to [*]_.] First. I give, devise, and bequeath to my beloved wife, Mary } mes, in lieu of her dower, if she should so elect, the plantation on 'T hich we now reside, situate in the township aforesaid^ aiid con- taining — ■ acres, or thereabout, together with all the live- Btock, horses, cattle, sheep, swine, &c., by me now owned and kept thereon, and all the household furniture and other items, not par- ticularly named and otherwise disposed of in this my will, to have and to hold the said messuage and appurtenances, and the said goods and chattels, for and during her natural life. And at the death of my said wife all the property hereby devised or bequeathed to her as aforesaid, or so much thereof as may then remain unex- pended, I give and devise unto my three sons, Frederick, WUliam, and Isaac, share and .sh^i^e alike, their heirs and assigns for ever. Secondly. I give and devise to my eldest son, Frederick, his heirs and assigns for ever, the farm on which he now re8id£% situate, &c., and containing acres, or thereabout. Thirdly. I give and devise unto my second son, William, his heirs and assigns for ever, the farm now in the occupancy of G. H., situate, &c., and containing acres. Fourthly. I give and devise to my third son, Isaac, his hdrs and assigns for ever, the house and lot in the of , in the county and state aforesaid, now in the occupancy of I. K., known and designated in the plan of said , as No. — . And lastly. I hereby constitute and appoint my said wife, Mary, and my said son, Frederick, to be the Executrix and Executor of this my last will and testament. In witness, &c., [as in " Form of a Will disposing of Personal Property," p. 878.] Another Form of a Will disposing of both Real and Pergonal Property. [As in " Form of Will disposing of both Real and Personal Pro- perty," p. 878, to t*].] Item. I give and bequeath unto my beloved wife, Mary Jones, the use and occupancy of my plantation, &c., until my son A. shall attain the age of twenty-one years, she to maintain and educate my minor children thereout, and from and after the arrival of my said son A. at such age, I give and devise the said plantation, &c., unto him, his heirs and assigns for ever ; he or they paying there- out, unto my other children hereinafter named, the several sums of money hereinafter to them respectively bequeathed : iand also paying unto my said wife the sum of dollars (which sum I hereby bequeath to her) yearly, and every year, during her natural life. ■WILL. for her maJBtenance and support; all which legacies to my 'said wife I do declare to be in lieu and stead of her dower at common law. And in case of the death of my said son A. before his arrival at the age aforesaid, then I do order and direct that my executors, hereinafter named, or the survivor of them, shall, as soon as con- veniently may be, after the decease of my said son, sell and dispose of my said plantation, &c., to such person or persons, and for such price or prices, as may be reasonably gotten for the same. And for that purpose, I do hereby authorize and empower my said executors, or the survivor of them, to sign, seal, execute, and acknowledge all such deed or deeds of conveyance, as may be requisite and neces- sary for the granting and assuring the same to the purchaser or purchasers thereof, in fee simple. And the moneys arising from such sale, they shall put and place out at interest, on good sedlirity, for the payment of the said annuity hereby bequeathed to my said wife, and the maintenance and education of such child or children as shall then be under age. Item. I give and bequeath unto my son B. the sum of dollars, to be paid to him on his reaching the age of twenty-one years, by my son A., his heirs and assigns. Item. I give and bequeath unto my daughter C, the sum of dollars, to be paid to her by my said son A., his heirs or assigns, on her arrival at the age of twenty-one years, or on the the day of her marriage, whichever shall first happen. And as touching all the rest, residue, and remainder of my estate, real, and personal, of whatsoever kind or nature the same may be, in the County of aforesaid, or elsewhere, I give and devise the same unto my said wife, Mary, during her natural life; and from, and immediately after her decease, I give and devise the same unto my three children. A., B., and 0., share and share alike, and to their heirs and assigns for ever. And lastly, I nominate, constitute, and appoint my said wife and my son A. to be the Executors of this my last will and testament. In witness, &c., [as in "Form of a WiU disposing of Personal Property," p. 878.] Form of a Will disposing of the Whole Property of the Testator, Beal, Personal, and Mixed, to his Wife, and constituting her sole jJxeeutrix. In the name of God, Amen. I, John Jones, of the of — < , m the Commonwealth of Pennsylvania, Merchant, bemg of Boand mind, memory, and understanding, do make my last will and testament in manner and form following : I give, device, and bequeath unto my beloved wife, F., her heh-s and assigns for ever, all my property, real, personal, and mixed, of what nature or kind soever, and wheresoever the same shall be at the time of my death. 884 ^1^1- And I do nominate, constitute, and appoint my said wife sole Executrix of this my last will and testament. In witness, &c., [as in " Form of a Will disposing of Personal Property," p. 878.] Form of Will duposing of Beat and Personal Property, in Trust. Be it remembered, that I, A. B., of , in the State of Pennsylvania, Merchant, being of sound, disposing mind and me- mory, do make and ordain my last will and testament in manner following, viz. Imprimis. I direct all my just debts and funeral expenses to be fully paid and satisfied by my Executors, hereinafter named, as soon as cofiveniently may be after my decease. It&m. All the rest, residue, and remainder of my estate, real, personal, and mixed, whatsoever and wheresoever, I order and direct to be converted into money as soon as the same can conve- niently be done after my decease ; and for that purpose, I do here- by authorize and empower my said Executors, hereinafter named, and the survivor of them, to sell and dispose of all my said real estate, either by public or private sale or sales, for the best price or prices that can be gotten for the same, and by proper deed or deeds, conveyances, or assurances in the law, to be duly executed, acknowledged, and perfected, to grant, convey, and assure the same to the purchaser or purchasers thereof in fee simple. And when the whole of my said residuary estate shall be converted into money as aforesaid, then I will and direct that the same shall be divided into four equal parts or shares, and disposed of as follows, to wit : One full, equal fourth part or share thereof I give, devise, and bequeath unto my said Executors, hereinafter named, and the survivor of them, in trust, that they or he do and shall put and place the same out at interest on good real security, or in the funded debts of the United States, the State of Pennsylvania, or the City of Philadelphia, and pay over the interest or dividends 'thereof from t|me to time, when and as the same shall be got in and received, unto my beloved wife, B. B., duriag all the term of her natural life ; which is to be in lieu of her dower at common law. And from and immediately after the death of my said wife, B. B., I give, devise, and bequeath the principal of the said one-fourth part or share of my said residuary estate to be equally divided, share and share alike, between my daughters, 0. B. and D. B., and my son E. B., and any other child or children which I may have born by my present marriage; the part or share in this bequest of my said two daughters, C. B. and D. B., to be held, however, by my said Executors, in trust, in the same-, manner and for the same uses as are hereinafter set forth and declared of and concerning the parts or shares of my said residuary estate be- queathed to them for the use of my said two daughters, C. B. and WILL. 8^5 D. B. One other of the said full, equal fourth parts or shares of the proceeds of my said residuary estate, I give, devise, and be- queath unto my said Executors, hereinafter named, and the survi- vor of them; in trust, that they or he shall and do put and place the same out at interest in manner aforesaid, and pay over the interest and dividends aforesaid from time to time, yrhen and as the same shall be got in and received, unto my said daughter 0. B., for and during all the term of her natm-al life ; so, nevertheless, that the same shall be for her sole and separate use, notwithstand- ing any coverture, and not to be in any way or manner whatever liable to the contracts, debts, or engagements of any husband which she may hereafter have or take, and not to be in any way or man- ner whatever subject to the control or interference of such husband. And from and immediately after the decease of her, my said daugh- ter 0. B., then, as to the said principal, in trust to and for the only proper use and benefit of all and every the child and children which she, my said daughter C, may leave, and the lawful issue of any of them who may then be deceased, having left such issue, to be equally divided between them, share and share alike, such issue of any deceased child or children of my said daughter C. taking, however, only such part or share thereof as his, her, or their de- ceased parent or parents would have had and taken, had he, she, or they been living. One other of the said full equal fourth parts, &c. [as in preceding clause, only substituting D. B. for C. B.] And the remaining one full equal fourth part or share of the pro- ceeds of my said residuary estate, I give, devise, and bequeath unto my said Executors, hereinafter named, and the survivor of them, in trust, that they or he do and shall put and place the same out at interest in manner aforesaid, and pay and apply such interest, or so much thereof as shall be requisite, toward the education and maintenance of my said son E. B., until he attains the lawful age of .twenty-one years ; and when and as soon as he, my said son, ar- rives at the age aforesaid, then in trust to pay over the principal thereof, together with any accumulation of interest thereon which may be in their hands uninvested, unto him, my said son E. B. Item. In case of the decease of my said daughters, C. B. and D. B., or either of them, without leaving lawful issue, or of the decease of mj said son E. B. under age, and without leaving law- ful issue, then, in such case, I give, devise, and bequeath the said part or share, hereinbefore given, devised, and bequeathed to such child so dying, unto my said Executors, hereinafter named, and the survivor of them, in trust, to hold the same for my surviving child or children, in equal shares and proportions, in the same manner, for the same uses, intents, and purposes, and under the trusts and limitations as are hereinbefore set forth and declared of and con- cerning the parts or shares of my said residuary estate hereinbefore given, devised, and bequeathed for the use, benefit, and behoof of my said children respectively. 886 WILL. Iteru^ I nominate, constitute, and appoint my friends G. H. ard J. K., of the said , MerchantB, Executors of this my last will and testament, hereby revoking all former wills and testa- ments by me at any time heretofore made ; and do declare these presents only to be and contain my last will and testament. In witness, &c. [aa in form, p. 878.] Another Form of Will, containing Trusts. Be it remembered, That I, Margaret J., of the City of Phila- delphia, widow, being of sound mind and memory, have thought proper to make, and hereby do make my last will and testament in manner following, that is to say : First. I direct all my just debts and funeral expenses to te fully paid and satisfied as soon as conveniently may be after my de- cease. ^tem. I give and bequeath to my niece, Mary Margaret S., all my household goods, kitchen furniture, silver-plate, and wearing apparel. Item. I give and devise my .messuage or tenement, No. 230 Chestnut, in the City of Philadelphia, and the lot of ground and appurtenances thereunto belonging, unto my nephew, Edmund S., his heirs and assigns for ever, in trust nevertheless to pay the net rents and income thereof unto my said niece, Mary Mar- garet S., for her sole and separate use during the term of her natural life, without being subject or liable to or for the debts, contracts, or engageinents of any husband she may have or take, and from and after her decease then in trust with respect to one moiety or half part thereof, for such person or persons, and such uses and purposes as my said niece, by any instrument of writing in the nature of a last will and testament, may direct, limit, and appoint. And for want of such direction, limitation, or appoint- ment, then in trust to grant and convey the said moiety to such person or persons as would have been entitled to the same in case the said Mary Margaret S. had departed this life intestate, seized of said moiety in fee and for such estate and estates, and in such parts, shares, and proportions as such person or persons would in such case be entitled to by the Intestate Laws of Penn- sylvania. And from and immediately after the decease of my said niece, then with respect to one equal half part of the remain- ing moiety of the said premises, to hold the same in trust, to pay the net rents and income thereof to my nephew, John S. S., during his natural life, free from his debts, contracts, and engage- ments, and from and after his decease, then in trust to -hold the said half part of said remaining moiety for such person or per- sons, and for such uses and purposes as my said nephew, John S. S., by any instrument of writing in the nature of a last will and testament, may direct, limit, and appoint. And for want of WILL. 887 such direction, limitation, or appointment, then in trus. to grant and convey the same to such person or persons as would iiave been entitled to the same had the said John S. S. departed this life intestate, seized. of said half part of said moiety in fee, and in such parts, shares, and proportions as such person or persons would in such case be entitled to by the intestate laws of Pennsylvania. And from and immediately after the decease of my said niece, I give and devise the remaining full equal half part pf the said remaining moiety of said premises unto my said nephew, Edmund S., his heirs and assigns, for ever. Provided, however, and I do hereby direct the said trustee, at any time during the lifetime of my said niece, Mary Margaret S., to sell and dispose, at public or private sale, of the whole of the said premises to such person or persons, for such price and upon such terms and conditions as she my said niece may in writing direct, limit, and appoint, if my said niece shall think proper to direct a sale of said premises, which without such direction shall not be made, and to grant and convey the same to the purchaser or purchasers thereof, his, her, or thijir heirs and assigns, for ever, free and discharged from all trusts whatsoever, and all liability to see to the application, or for the non-application of the purchase-money. And the moneys arising from such sale to be invested in some safe securities at internist, and to be held in trust for the same uses and purposes above set forth with respect to the said premises. Item. I direct all the rest, residue, reversion, and remainder of my estate, real, personal, and mixed, whatsoever and wheresoever, to be converted into cash as soon as conveniently may be after my decease, and for that purpose I hereby authorize and empower my executors hereinafter named and the survivor of them to sell and di^ose of all or any part of the residue of my real estate at public or private sale or sales, for such price or prices, and upon such terms and conditions as to them may seem best, or to the survivor of them ; and to grant and convey the same to the pur- chaser or purchasers thereof, his, her, or their heirs and assigns, free from all liability for or on account of the application of the purchase-money. One full equal third part of the net proceeds of the said rest and residue of my estate I give and bequeath to my said nephew, Edmund S., his executors, administrators, and assigns, in trust, to invest the same in safe securities at interest, and hold the same in trust for my said niece, Mary Margaret S., as above set forth and directed with respect to the said pre- mises on Chestnut Street devised in trust for her. One other full equal third part I give and bequeath to my said nephew, Edmund S., his executors, administrators, and assigns, in trust to invest the same in safe securities at interest and hold the same in trust for my said nephew, John S. S., as above set forth and directed with respect to the part and share of said premises on Chestnut Street, devised in trust for him after the decease of 888 WILL. my said niece. And the remaining full equal third part thereof I give and bequeath to my said nephew, Edmund S., absolutely. Item. I nominate and appoint my said nephew, Edmund S., executor of this my last will and testament. Lastly, I revoke all former wills by me made, and declare this only to be and contain my last will and testament. In witness whereof I have hereunto set my hand and seal the day of , in the year of our Lord one thousand eight hundred and fifty - Signed, sealed, published, and declared by Margaret J., the testatrix above named, as and for her last will and testament in the presence of us, who in her presence, at her request, and in the presence of each other, have hereunto set our names as witnesses. A General Form of a Will disposing of both Real and Personal Estate. Know all men by these presents that I, A. B., of , in the County of ,. and State of -, Counsellor *.t Law, being in good health [or ill health, as the case may be], and of sound and disposing mind and meinory, do make and publish this my last will and testament, hereby revoking all former wills by me at any time heretofore made. And as to my worldly estate, and all the property, real, per- sonal, or mixed, of which I shall die seized and possessed, or to which I shall be entitled at the time of my decease, I devise, be- queath, and dispose thereof in the manner following, to wit : First. My will is, that all my just debts and funeral expenses shall, by my executors hereinafter named, be paid out of my estate, as soon after my decease as shall by them be found convenient. Item. I give, devise, and bequeath to my beloved wife, M. B., all my household furniture, my library in my mansion or dwelling- house, my span of horses, coach and chaise, and my two horse carriage harness ; and also twenty thousand dollars in money, to be paid to her by my executors, hereinafter named, within six months after my decease; to have and to hold the same to her and her executors, administrators, and assigns, for ever. I also give to her the use, improvement, and income of my dwelling- house, land, and its appurtenances, situated in, &c. [here describe it] ; and my land, wharf, and flats, situated in, &c. [here describe it], and its appurtenances ; to have and to hold the same to her for and during her natural life. I give and bequeath to my honored mother, N. B., five thousand dollars in money, to be paid to her by my executors hereinafter mentid ned, within six months after my decease ; to be for the sole use of herself, her heirs, executors, administrators, and assigns. WILL. 889 I give and bequeath to my daughter, M. B., my fifty shares of the stock of^the President, Directors, and Company of the Bank, which are of the par value of five thousand dollars, and my ten shares of the stock of the Manufacturing Company, which are of the par value of ten thousand dollars ; to have and to hold the same, together with all the profit and income thereof to her, the said M. B., her heirs, executors, administrators, and assigns, to her and their use and benefit for ever. I give, devise, and bequeath to my son, E. B., the reversion or remainder of my dwelling or mansion-house, land, and its appur- tenances, situated in, &c. [describe it], and all profit, income, and advantage that may result therefrom, from and after the decease of my beloved wife, M. B. ; to have and to hold the same to him, the said E. B., his heirs and assigns, from and after the decease of my said wife, to his and their use and behoof for ever. I give, devise, and bequeath to my son, G. B., the reversion or remainder of my land, wharf, flats, situated in [describe it], and its appurtenances, and all the profit, income, and advantage that may result therefrom, from and after the decease of my beloved wife, M. B., to have and to hold the same to the said G. B., his heirs and assigns, from and after the decease of my said wife, to his and their use and behoof for ever. All the rest and residue of my estate, real, personal, and mixed, of which I shall die seized and possessed, or to which I shall be entitled at my decease, I give, devise, and bequeath to be equally divided to and among my said sons, B. F., F. B., and G. B. And lastly I do nominate and appoint my said sons, E. B., F. B., and G. B., to be the executors of this my last will and testa- ment. In testimony whereof, I, the said A. B., have to this, my last will and testament, contained on two sheets of paper [or as the case may be], and to every sheet thereof subscribed my name, and to this, the last sheet thereof, I have subscribed my name and affixed my seal, this day of , A. D. one thousand eight hundred and . Signed, sealed, published, and declared^ by the said A. B. as and for his last will and testament, in the presence of us, who, at his request and in his presence, and in the presence of each other, have sub- scribed our names as witnesses thereto. John Dob, EiCHAKD Rob, John Jones. A. B. 890 WILL. The following is the form of a Will given in the Appendix to LoTftlass on Willa, 25 Law Library, 282. This is the last will and testament of me, John Stiles, of Cheap- side, in the city of London, linen-draper. I give, devise, and bequeath all my real estate and personal estate whatsoever and wheresoever, unto my wife, Mary Stiles, her heirs, executors, administrators, and assigns, for her and their own use and benefit for ever. . And I appoint my said wife sole executrix of this my will; hereby revoking all other wills made by me at aiiy time hereto- fore. In witness whereof I, the said John Stiles, have hereunto set my hand this day of — '— — , in the year of our Lord one thousand eight hundred and fifty ■ [As in form on p. 878.] JOHN STILES. Form of a Will of a Feme Covert made in virtue of a power of appointment made at or before marriage. I, A. B., wife of B. D., of , do by this my writing, pur- porting to be my last will and testament, dispose of my estate, both real and personal, pursuant and according to the authority to me given and reserved in and by a deed of settlement [or as the case may be] made and executed on my marriage [or in contem- plation of my marriage] with my husband, the said B. D., and bearing date the — day of -, A. D. , by and between the said B. D., and E. F., and G. H., trustees, &c. [here set forth the date and parties to the settlement.] And by virtue of the said deed, and of all other powers and authorities whatsoever, to me given and reserved, in manner as follows, viz. : First, I devise to my son, J. B., all that tract of land, called , being, &c. [here describe it] and to his heirs for ever. Second, I give, be- queath, and devise to my daughter, Mary B., one hundred shares of stock in the Bank of , now standing on the books of said Bank in the name of , to my use and benefit; together with all dividends which may be due and in arrear thereon at the time of my death. Also, to my said daughter the house and lot in which I now reside in the city of , situated, &ic. [here describe it.] Third, I give and bequeath to my said husband, B. D., a gold ring and a breastpin, to be made in such manner as he may direct, in testimony of my respect and aflFection for him. In witness whereof, &c. [as in form of Will closing on page 878.] WILL, 891 I'orm of Nuncupative* Will. In the matter of the Nuncupative Will of W. D. R., deceased. On the eleventh day of August, A. D., one thousand eight hun- dred and , W. D. R., being in extremis in his last sickness, in Ms habitation or dwelling, situated in Street, in , where he had resided for more than ten days next before the mak- ing of his will, [or at the residence or dwelling of A. B., situated in Street, No. — , in , where said W. D. R. was surprised by sickness, being from his own house in , and died before returning thereto, or, on board the Ship "Washington," said W. D. R. being a mariner at sea, or, at , said W. D. R. being a soldier in actual military service,"] in the presence of the subscribers, did declare his last will and testament in the following words, or to that effect, viz. " He mentioned that he had about hundred dollars in the Savings Fund, and hundred dollars in the hands of S. D. W." He then said that "I want S. D. W. to act as Trustee and Executor, and put it out at interest for the sole use of my mother during her life, and, after her death, to go to her children. My household goods and other property I wish to be left in my mother's possession for her sole use." At the time the said W. D. R. pronounced the foregoing will, he was of sound and disposing mind, memory, and understanding, and did bid us who were present, to bear witness that such was his will. Reduced to writing, this sixteenth day of August, A. D. one thousand eight hundred and . J. C. C. B. Affidavit to be appended to Nuncupative Will. County of , ss. Register's OfiSce, August — , A. D. 18 — . Then personally app^ired before me, A. B., Register of Wills, J. C. and C. B., who, being duly sworn [or affirmed] according to law, do depose and say, that they were present on the eleventh day of August, A. D. 18 — , at the habitation or dwelling of W. D. R., {situated in Street, in ,) [or as the case may be,] in the time of his last illness, and did then and there hear the said W. D. R. utter what is contained in the above writing ; that he did bid them bear witness that it was his last will ; and that at the time of so doing he was of sound mind, memory, and understand- ing, to the best of their knowledge and belief. [The paragraph * A Nuneupative Will or testament is one which is made by the verbal declara- tion of the testator, and depends merely on oral testimony for proof, though afte. - ward reduced to writing. Blaokstone. 892 WILL. following, in italics, should be omitted in the case of a mariner or soldier, or person dying from home. See Remarks prefixed to these forms.] Also, that he had resided for more than ten days, next before the making of his will, at the above residence. . ' J. C. C.B. Sworn [or affirmed] and subscribed before me, this 30th day of August, A. D. 18 — . A. B., Megister. Form of Process to be issued to Widow and Next of Kin, to contest Nuncupative Will, if they please so to do. Commonwealth of Pennsyl'wania, 1 County of , /**• In the matter of the Estate of W. D. R., deceased. To W. R., C. R., B. R., and M. R., or next of kin, greeting : You are hereby cited and commanded that you be and appear in your proper person at the oflSce of the .Register of Wills, on r , the thirtieth day of August, A. D. 18 — , at o'clock, A. M., then and there to show cause (if any you have) why the nuncupa- tive will of W. D. R. should not be admitted to probate. Herein fail not, imder the penalty of the law in such cases made and pro- vided. Given under my hand and seal of o&ce, th^ sixteenth day of August, A. D. one thousand eight hundred and . A. B., Register. .•Mk-, Proof of Service of above Process. County of , ss. / Then personally appeared J. C. M., and on his solemn oaih [or affirmatiori\ did say, that he served the within copy personally on C. R., E. R., and M. R., on Tuesday, the twenty-fourth day of August, A. I). 18 — ; and that W. R. could not be found. J. C. M. Sworn [or affirmed] and subscribed before me, this twenty-fifth day of August, A. D. 18 — . A. B., Register. Form of Oath of Executor of Nuncupative Will. County of , ss. Register's Office, August 30th, 18 — . I do swear, &c. fos" affirm^ that as Executor of the nuncupative WILL. 893 will of "W. D. R., deceased, I will well and truly aiminiater the goods and chattels, rights and credits of the said deceased agree- ably to law ; and that I will comply with the provisions of the law relating to collateral inheritances. S. D. W. Sworn [or affirmed] and subscribed before me, the date above written, and letters testamentary granted unto the said S. D. W. A. B., Register. Conclusion and Attestation of a Will written on several Sheets. In witness whereof, I the said J. S., have to this niy last will and testament, contained in this and the four preceding srteete, [or skins of parchment,'] set my hand and seal, to wit, my hand to the bot- tom of each of the said four sheets, [or skins,2 and my hand and sea;l to this last sheet, [or skin,"] and my seal at the top of the said sheets, [or skins,^ where all the said sheets [or skins'] are fixed together, this day of , one thousand eight hundred and . The writing contained in this and the^ four preceding sheets [or skins'] was signed and sealed by the above-named J. S., and by him published and declared as and for his last will and testament, in the presence of us, who have hereunto subscribed our names as witnesses at his request, in his presence, and in the pre- sence of each other. N. S. T. B. ' G. H. J. S. i\ Form of a Codicil or Supplement to a 'Will, disposing of Personal Property. I, A. B., the within-named testator, do hereby make and publish this codicil, to be added to my last will and testament, bearing date the day of , A. D. 18 — , in manner following, to wit : I give and bequeath, &c. And whereas in my said will I have given and bequeathed unto my son C. (who is since deceased) the sum of dollars, to be paid to him months after my decease, I do hereby declare that my will is that the same be paid unto my daughter E. imme- diately after my decease. In witness whereof, I have hereunto set my hand and seal, this 894 WILL. day of , in tie year of our Lord one tliousand eight hundred and '. Signed, sealed, published, and declared^ by the said A. B. as and for a codicil to his last will and testament, in the pre- sence of us, ■ffho, in his presence, and in the presence of each other, have, at his request, subscribed our names as -wit- nesses thereto. Bester Town, E. W. M. Blaine, Jacob Butt. A. B. Form of a CodicU or jSupplement to a Will, disposing of Meal and Personal Property/, ^e. I, A. B., the within-named testator, do hereby make and publish this codicil to my last will and testament, bearing date the day of — ' , A. D. 18 — , in manner following, to wit : Uiem. I do revoke the devise, in my said will contained, to my son F., of all that farm, situate, &c., and containing acres, and do give and devise the same to my daughter C, her heirs and assigns for ever. Item. I give and bequeath to my said son F., in lieu of the said f8irm, the sum of dollars ; and do hereby ratify and confirm my said will in all other respects. In, witness whereof, I have hereunto set my hand and seal, this day of , in the year of our Lord one thousand eight hundred and . Signed, sealed, &c. [as in preceding form.] CLAUSES TO BE INSERTED IN A WILL. Clause forgiving Debts due from Relations. And whereas there are considerable sums of money due and ow- ing to me, upon bonds, bills, and otherwise, from my relations hereinbefore named, it is my will and true meaning, and I do here- by direct, that the same bonds, bills, &c., immediately after my death, shall be cancelled and destroyed by my said Executors. And I do hereby discharge my aforesaid relations and evqry of them, their and every of their heirs, executors, and administrators, from the payment of every debt and debts due and owing to me or ray estate upon any account whatsoever, without any abatement WILL. 895 or deduction from or out of their legacies, before by me given or devised to th^m respectively in and by this my last ■ffiU and testament. Clause revoking Legacies and Bequests to Wife, in case she should Sue for Dower or Thirds, Provided further, and my will expressly is, that in case my said wife D. shall not accept of the provisions and legacies hereinbefore by me made and given her as aforesaid, and shall, at any time or times hereafter, prosecute any action or suit for dower, thirds, or any other part of my estates, real or personal, other than what I have so hereinbefore devised and given her, then and in that case the several annuities of , and amounting together to , and each of them, and all other legacies and bequests hereby by me before given or intended to be given to her, shall cease and be void to all intents and purposes, any thing to the contrary notwith- standing. Clause to make void Limited Devises and Bequests, in case the Devisee or Legatee dispute the Validity of the Will; and trans- ferring said Limited Devises or Bequests to the Person or Per- sons next in Remainder, provided they shall not dispute the Validity of the Will. Provided always, and I do hereby declare my will to be, that if any person or persons to whom any estate or interest is given or limited by this my will shall, in any court of law or equity, or otherwise, controvert the same, or dispute or call in question the validity hereof, or of any of the estates, limitations, powers, pro- visos, or dispositions hereby limited or given, or made, or herein contained, then and in such case the estates, interests, limitations, &c., so hereby limited, &c., to or in favor of such person or persomj so controverting my said will, shall cease, determine, and be abso- lutely void to all intents and purposes whatsoever, as if such person or persons was or were naturally dead. And then and from thence- forth such estates, interests, limitations, powers, provisos, and dis- positions shall go and belong to and be vested in the person or per- sons who, by virtue of this my will, shall be next in remainder after the person or persons so disputing as aforesaid : Provided he, she, or they shall not controvert or dispute the validity of this my will, or any of the devises, limitations, powers, provisos, or dispositions hej ein contained or hereby made. 896 WILL. Clause directing that any Disputes about Bequests, ^c. shall be settled by Arbitration. My express will and desire is, that if any difference or dispute, question or controversy, shall arise or happen concerning any gift, bequest, or other matter or thing in this my will, the same shall be referred wholly to the award, order, and determination of my es- teemed neighbors R. S. and T. V., with power for them to choose an imipire ; but if they or either of them should not be able or willing to act in the premises, then I do direct that my eldest son and eldest daughter shall each appoint an arbitrator or arbitrators, with the same power of choosing an umpire ; and what they or a majority of them shall order, direct, or determine therein, shall be binding and conclusive to and on all and every person and persons therein concerned. Clause appointing Wife Guardian* of Testator's Children, and, in case of her Death or Marriage, appointing another in her stead. And in case I shall leave any child or children living at the time of my decease, my will is, and I do appoint, that my said beloved wife shall have the guardianship and tuition of them during their minority, so long as she shall continue to be sole; and in case of her death or marriage during the minority of such my children, then I will and appoint that my much esteemed friend, John Williamson, shall have the tuition and guardianship of them during such their minority; and in case of his refusal, renunciation, or decease, I will that my other Executor, James Richards, shall ex- ercise the said guardianship. And I entreat that the utmost care may be given to the moral training and education of my chil- dren, if any such shall happen to survive me ; and desire that they may be brought up and instructed in the doctrines and religion of the Church. f * Till the age of twenty-one years, the empire of the father continues even after his death ; for he may, by deed or will, appoint a guardian to any of the children unmarried^ until such child attain the age of twenty-one, or for any less time. Black. Com. 462. APPENDIX. DIRECTIONS FOR MAKING SEARCHES. FUENISHED BY THE HON. ELI K. PRICE. I. For Conveyaneea and Mortgages. 1. Search from a day prior to the acquiring either a legal or equitable title, consequently prior to the day at which the property was bid for at a sheriff's sale, or contracted for by articles of agreement: and as to title derived by will, search back to its date, if it be unknown when testator died. 5 S. & R. 124; 3 Harr. 319, 2. Search down to the day after the deed to the purchaser Aas heen recorded, and also until sixty days after the date of the deed, for until sixty days have- expired after a deed has been delivered, can it be certain but that a mortgage for purchase-money may be recorded to take priority over any other mortgage or conveyance made within that time : take, therefore, in the latter case, if sixty days have not expired, a declaration from the vendor that he has no mortgage for consideration-money. Other mortgages only become liens from the date of recording. A possible risk no search will guard against for a period of six months after a con- veyance, is, that a vendor may have conveyed to another purchaser who has six months to record his deed, with the same effect as if recorded at its date, and when recorded within that time, it will take precedence of a later deed. The precaution in such case is to deal with honest men, or keep the purchase-money until after six months have expired. 8. If a strict search be made for conveyances, the Bankrupt and Insolvent List and indexes of Sheriff's sales will be searched, as well as the Recorder's Office. 4. The search should be against those having title, legal or equitable, or who have a power of sale, as trustees, executors or administrators with the will annexed, or executors and administra- tors, who may sell or mortgage by order of the Orphans' Court. 5. A search for mortgages need not extend earlier than to an Orphans' Court sale, 1 Harr. 98, nor than a Sheriff's sale made before the Act of 6th April, 1830, 1 Rawle, 109 ; but if such a »sale be made subject to a lien, as an annuity or charge for life, 57 ■ . (897) 898 APPENDIX. that is itself after a prior incumbrance, the latter also continues a lien undischarged. 7 Watts, 316 ; 1 Harr. 113. And since the Act of 6th April, 1830, a sheriff's sale will discharge a mort- gage, if at the time of the sheriff's sale (10 Barr, 472) it be not prior to all other lions, except other mortgages, or excepting taxes that became a lien aftf r the recording of the mortgage. 1 Harr. 206. Yet a sheriff's sale may be subject to a mortgage that otherwise would be discharged, but this should be made tb appear by the record or sheriff's deed to affect subsequent purchasers. 16 S. & R. 163 ; 9 W. & S. 103 ; 6 Barr, 280. 6. Inquire always as to the parties in actual possession, and whether they claim in anywise adverse to the vendors ; as actual possession under an adverse title, or claim of title, is good notice thereof to a purchaser. Krider v. Lafferty, 1 Whart. R. p. 303. 7. A purchaser who has notice of a mortgage takes the land* subject to its lien, though it be unrecorded. So also to a charge in the deed conveying the title for the purchase-money, irre- spective of the lien of any mortgage or judgment of record there- for. 5 Barr, 481, II. For Judgments. 1. Search in all the Courts of Record where judgment may be recorded, and in the United States Courts in respect of all lands within the jurisdiction of those Courts, though out of the county where they are held. Wal 198 -^ 6 Barr, 505. 2. In respect to the Unitfe.'VStates and the Commonwealth, search back as long as the part^earched against held title, as there is no limitation of time against the government. 3. Search against all persons who have held title within five years prior to the search, for the whole five years ; and as to judgments entered before the acquisition of title, see that no lien is created on the after acquired title by execution issued on the prior judgment; and so also by executions on unrevived judg- ments older than five yearly. 7 Barr, 492 ; 1 Jones, 25. But to so bind after acquired land in Philadelphia, the levy thereon must be certified and indexed. Act 20th April, 1853, § 9. And so everywhere by Act 22d April, 1856, § 3, P. L. 632. 4. If trustees for sale hold for themselves as well as others, judgment against them should be required to be removed. 3 Harr. 457. * 5. If terre-tenants be not served with the scire facias, judg- ments are not revived as regards their lands. 3 Pa. R. 229, But the five years limitation only runs in their favor, from the time of putting their deed on record ; Act 1849, Dunl. 1063, and the search must be continued against the prior owner until the time of such recording. III. Decedent's Debts. 1. Search for all judgments within five years prior to a dece^* SEAECHES. 899 dent's death, all ■which are continued a lien for five years from that date. Act 24th February 1834, § 25. Such judgments as against the heirs and devisees are a perpetual lien, 8 W. 124, but not as regards purchasers from them. 2. All debts of a decedent, though not of record, are a lien on his real estate for five years ; and an action therefor within the five years will continue the lien until the end of- ten years from decedent's death. 9 W. & S. 13 ; 2 Harris, 44 ; 7 Harris, 252. Then the lien must be kept up by revival within every five years. 3 Harris, 109 ; 7 W. 217< The filing of a copy or a statement of a bond, &c., if not payable within five years, will also continue the lien. Act 24th February, 1834, § 24. 3. If a sale be made by the order of the Orphans' Court for the payment of debts, or by executors or administrators under a « power in a will, and the purchase-money be paid into the Orphans' Court, or by order of that Court to the executor, &c., the lien of such debts is discharged. lb. § 19. So if a sale be made by order of the Orphans' Court under proceedings in partition, after two years from death of decedent ; lb. § 42 ; or under the Act of 18th April, 1853, relating to the sale of real estate, upon security being given. Purdon, 700, § 6. 4. A sale for decedent's debts, as against the heirs, will not confer a title on the purchaser if the lien of the debts had expired. 1 W. 9; -6 W. & S. 118 ; 6 W. 22 ; 11 Harris, 215. 5. But the lien for such debts becomes indefinite if charged on the realty, or the realty be authorized to be sold for their pay- ment. 8 W. 504; 9 W. 523; 3 Harris, 111 ; 11 Pa. L. J. 219. IV. Taxes, Mechanics' and District Claims, S^c. 1. Taxes are a lien from the commencement of the year for which they are assessed, and continue a lien if registered, for five years from the first day of the succeeding January. Act 11th March, 1846, § 1 ; Dunl. 943. 2. Mechanics' and District claims are a lien for six months after work done and materials furnished, without being filed ; and if filed within that period, for five years from filing in the Pro- thonotary's office, and by scire facias issued within, five years, the lien will be extended as in case of a judgment. 8 Harris, 319. Within the six months they are to be inquired after and releases obtained. The searches against him who commenced to build, are to be extended against him until six months after the building be finished, though he may have conveyed long before. 3. Though taxes and district claims have priority of payment out of the proceeds of a judicial sale, over mortgages of prior date and record, yet a sale under those of later lien, will not discharge the lien of the mortgage, 1 Harr. 202; but if they be a lien before the mortgage, the latter would be discharged by a sale under them. 1 Harris, '13. 900 APPENDIX. 4. See that no lien whatsoever remain, that is prior to the taking of a mortgage, or if tax bills cannot then be obtained, that they be discharged as soon as possible, in order that the mortgage may not be discharged by any subsequent sheriiF's sale; judgments but for costs, or however trivial, must be satisfied. 5. Taxes and district claims being a lien in whatsoever name assessed, a search against the true owner may not always be sufii- cient, and a search against the lot^hj whomsoever owned is neces- sary, to be absolutely certain that no lien exists. Claypole v. Dorsey, Wh. Supl. 411 ; 11 Pa. L. J. 564._ 6. Foreign attachment of real estate binds from the time it is laid or executed. Act 1836, § 51 ; Dunl. 661. These, and levied executions should be indexed and certified under orders for judg- ments ; also suits on debts of decedents. Also ejectments, P. L. 1856, p. 632. 7. Transcripts from the Orphans' Court filed in the Court of Common Pleas, of balances appearing due from executors and administrators on the settlement of their accounts, are a lien upon their lands, like judgments. 29 sec. of 29th March, 1832 ; Dun- lop, 475. V. Itecognizances, Charges of Legaeies, and Owelty in Partition 1. If the title has undergone a devise or partition, the will, deeds, and records of the proper courts should be examined to see if there have been any of these diarges imposed, and if so, re- leases obtained. So too as to purchase-money when sold by order of Coutt, under the Act of 18th April, 1853, relating to real estate. Purdon, 700, § 5. 2. Releases of charges of legacies upon lands should have two subscribing witnesses,, and should be recorded. 3. Implied charges of annuities and legacies may be created by will upon the residue of the estate of a testator, by his first giving such legacies, annuities, &c., and then blending the whole of his realty a.nd personalty, and disposing of the residue of his estate after the payment thereof. VI. Tahing Assignments of Mortgages, ^c. 1. Not only have the usual prior search into title, &c., but also trace down the title to the time of transfer, to see if the mortgage may not have been discharged of its lien by an Orphans' Court sale. 2. The assignment shoxUd have two subscribing witnesses. 3. The present owner should sign a declaration that he has no ofiset ; so, as to a ground-rent, if the purchaser have notice that advances to be made remain unpaid ; 2 Harr. 519 ; or have reason to suspect the ground-rent deed may have been altered. 2 Barr, 191, note a. 4. The assignment of mortgages should be recorded. 6 Harr. 394. OLD DEED. 901 The following is an old deed, and is published by request, as a rare curiosity in the oonveyauciug line. It was published some years ago in the Lewisburg Chron- icle, and the gentlema,n who then edited that paper assures us that it is a bona fide document. Although the recitals, as well as the general form of the deed, are lengthy, yet it is drawn with skill. ' Made the ninth day of October, in the year of our Lord one thousand seven hundred and ninety-three, between Clara Helena Ellinkhuysen, of the town of Louisburg in the Township of BufiFa- loe, in lie County of Northumberland, and Commonwealth of Pennsylvania, widow, of the one part, and Flavel Roan of the town of Sunbury, in the County and Commonwealth aforesaid. Esquire, of the other part. Whereas, the Creator of the earth, by parole and livery of seizin, did enfeoff the parents of mankind, to wit, Adam and Eve, of all that certain tract of land, called and known in the planetary system by the name of The Earth, together with all and singular the advantages, woods, waters, water-courses, easements, liberties, privileges, and all others the appurtenances whatsoever thereunto belonging, or in any wise appertaining, to have and to hold to them the said Adam and Eve, and the heirs of their bodies lawfully to be begotten, in fee-tail general for ever, as by the, said feoffment recorded by Moses, in the first chapter of the first book of his records, commonly called Genesis, more fully and at large appears on reference being thereunto had : And, Whereas, the said Adam and Eve died seized of the premises aforesaid in fee tail general, leaving issue, heirs of their bodies, to wit, sons and daughters, who entered into the same premises and became thereof seized as tenants in common by virtue of the dona- tion aforesaid, and multiplied their seed upon the earth : And, Whereas, ii. process of time, the heirs of the said Adam and Eve having become very numerous, and finding it to be inconvenient to remain in common as aforesaid, bethought themselves to make par- tition of the lands and tenements aforesaid to and amongst them- selves, and they did accordingly make such partition: And, Whereas, by virtue of the said partition made by the heirs of said Adam and Eve, all that certain tract of land called and known on the general plan of the said Earth by the name of America, parcel of the said large tract, was allotted and set over unto certain of the heirs aforesaid, to them and to their heirs general in fee simple who entered into the same and became thereof seized as aforesaid in their demesne as of fee, and peopled the same allotted lands in severalty and made partition thereof to and amongst their descend- ants : And, Whereas, afterwards (now deemed in time immemo- rial), a certain united people called " The Six Nations of North America," heirs and descendants of the said grantees of America, became seized, and for a long time whereof the memory of man runneth not to the contrary, have been seized in their demesne as 902 APPENDIX. of fee, of and in a certain tract of country and land in the north division of America, called and known at present on the general plan of the said north division by the name of Pennsylvania : And, Whereas, the said united nations, being so thereof seized, after- wards, to wit, in the year of our Lord one thousand seven hundred and sixty-eight,, by their certain deed of feoffment with livery of seizin, did grant, bargain, sell, release, enfeoff, alien, and confirm unto Thomas Petin and Richard Penn, otherwise called The Pro- prietaries of Pennsylvania (among other things), the country called Buffaloe Valley, situate on the south side of the west branch of the River Susquehanna, parcel of said country called Pennsyl- vania, to hold to them the said proprietaries, their heirs and assigns for ever, in their demesne as of fee, as by the same feoffment more fully appears : which last-mentioned tract of country was, after- wards, with'other tracts of country, by the said proprietaries by the advice and consent of their great council in general assembly met, erected into a county called Northumberland aforesaid, 'Of which the said Buffaloe Valley was and is parcel by the name of Buffaloe Township aforesaid : And, Whereas, the said proprieta' ries, by their letters patent, bearing date the eleventh day of August, in the year of our Lord one thousand seven hundred and seventy-two, did grant and confirm unto a certain Richard Petern in fee simple a certain parcel of the said township, called Prescott, situate at the mouth of Spring Run, adjoining and below the mouth of Buffaloe Creek, on the south side of the west branch of Susque- hanna aforesaid in the township and county aforesaid, by metes and bounds in the said letters set forth, containing three hundred and twenty acres, and allowance, &c., as by the same letters patent enrolled at Philadelphia in Patent Book A. A., vol. 13, page 265, more fully and at large appears : And, Whereas, the said Richard Peters, by his certain indenture bearing date the seventeenth day of November, in the year of our Lord one thou- sand seven hundred and seventy-three, did grant, bargain, and sell the last mentioned tract and parcel of land containing three hundred and twenty acres and allowance with the appurtenances, unto a certain Ludwig Derr in fee simple, as by the same deed recorded in the ofiice for recording of deeds in and for the County of Philadelphia, in Deed-book No. 22, page 444, appears at large on reference thereunto had : And, Whereas, the said Ludwig Derr. being so seized thereof, did lay out a town called and known by the name of Louishurg, consisting of three hundred and fifty lo# or parcels of land, with suitable: and proper streets, lanes, and alleys, containing about one hundred and twenty-eight acres, parcel of the said tract last hereinbefore mentioned, as by the general plan of the said town appears : And, Whereas, the said Ludwig Derr afterwards died intestate (having previously disposed of divers of the said lots to divers persons), leaving a widow (who is since deceaised) and issue, his only child George, his heir at law : REAL ESTATE. 903 By virtue and reason whereof the lands, tenements, and Aeredita- ments aforesaid whereof the said Ludwig was seized at the time of his death, and which he had not aliened, desce^uied to and be- came vested in the said George Derr in fee simple, who entered into the same and became seized in his demesne as of fee : And, Whereas, the said George Derr being so thereof seized, by his certain indenture, bearing date the twentieth day of December, in the year of our Lord one thousand seven hundred and eighty- eight, did grant, bargain, and sell all his estate and interest in the town aforesaid with the appurtenances, unto a certain Peter Bor- ger in fee simple, as by the same deed recorded in the ofiBce for recording of deeds in Philadelphia, in Deed-book No. 22, page 442, and at Sunbury in Northumberland County aforesaid in Deed- book D, page 397, appears : And, Whereas, the said Peter Borger, and Florinda his wife, by their certain indenture bearing date the second day of January, in the year of our Lord one thousand seven hundred and eighty-nine, did grant, bargain, sell and confirm the town, lots, lands, tenements, and premises whereof they were so seized, unto a certain Carel Ellinkhuysen, of the city of Rotterdam in the Province of Holland, in the United Netherlands of Europe, merchant, in fee simple, as by the same deed recorded in the office for recording of deeds in and for the County of Northumberland, in book E, page 231, &c., appears : and whereas the said Carel Ellink- huysen, being seised of the premises aforesaid by virtue thereof, by his certain deed in writing called a letter of attorney, sealed and delivered, bearing date the 8th day of May in the year of our Lord 1789, did constitute, appoint, and authorize the said Peter Borger (among other acts and things) to sell, dispose of, and con- vey and assure to such persons as should agree for the same, all such lots of land in the said town as the said Peter Borger should deem expedient, as by the said letter of attorney recorded at Phila- delphia in letter of attorney-book No. 8, page 84, reference being thereto had appears : and whereas the said Carel Ellinkhuysen (by his said attorney, Peter Borger, constituted as aforesaid, unrevoked) by a certain indenture bearing date the 26th day of June, in the year of our Lord 1790, did grant, bargain, and sell unto Matthias Joseph Ellinkhuysen, late husband of the said Clara Helena Ellink- huysen, and to the said Clara Helena, wife of the said Matthias Joseph, all that certain lot or piece of land (among other things) parcel of the said town, not disposed of by the said Ludwig Derr, situate in the said town of Louisburg, and known on the general plan of the said town by the number 51, to wit, fifty-one, co^|ain- ing in breadth on Front Street and on Walnut Alley sixty-six feet, and in depth on St. Louis Street and lot No. 52, one hundred and fifty-seven feet and six inches, bounded on the south by Front Street aforesaid, on the west by St. Louis Street aforesaid, on the north by the said Walnut Alley, and on the east by lot No. 52 aforesaid, to hold to them the said Matthias Joseph Ellinkhuysen 904 APPENDIX. and Clara Helena his wife, their heirs and assigns for ever : by virtue whereof the said Matthias Joseph Ellinkhuysen and Clara Helena his wifp became seized in their demesne as of i6e of the lot of ground aforesaid, with the appurtenances, in j oint-tenancy, to wit, to them and to the survivor of them, his or her INDEX, ASSIGNMENT— Co«fenw«(?. Deed of, for benefit of creditors, 864. By insolvent, on discharge, 501. Of patent right, 714. Report of appraisers under an, 830. ASSUMPSIT. Declaration in, with common counts, 296. on a promissory note, 297. in New Jersey, 298. endorsee against maker, 300. executor of payee against maker, 601. by executor, &o., against executor, &o., for board and lodj, ing of decedent, 302. by surviving executor, &c., against surviving executor, &o., fw goods sold, &o., 304. Plea of general issue, with notice of set off, 733. FrSBcipe for summons in, 762. ATTACHMENT. See Domestic Attachment; Foreign Attachment. Remarks on' the subject of, 186, 189. Against vessels, 189. Libel to attach a vessel, 190, 191. Petition of claimant, to become a party, 192. Attachment execution, 193. Interrogatories, 504. Judgment against garnishee, 605. Praecipe for, 759. Return, where personal property is attached, 858. where real estate is attached, 859. where no property is found, 859. ATTESTATION. Ordinary form of, 193. Where there are iuterlineations, 193. erasures and Interlineations, 194. Of an instrument executed by a blind person, 194. For a will, 194. ATTORNEY. Deed by, 344. ATTORNEY AT LAW. Oath of, on admission, 115. Bond of, to account to his client, 216. Certificate of admission to practice, 539. Warrant to defend a suit, 636, to institute a suit, 637. to conduct a suit already brought, 637. Report of examiners, 829, AUCTION. Agreement to be signed by auctioneer, after sale of land, 163 of purchaser, 163, 253. Conditions of sale, 264. AUDITOR. Appointment of, to distribute decedent's estate. 630. Affidavit, 630. Report, 631.. Notice of filing report, 633. Exceptions, 634. Report on guardian's petition for sale of real estate. 640 "» - ■■■' ^Ci j.jV, INDEX. 92'6 \Vm'S!OVI,—Contmued. Report on a trustee's account, 673. Agreement for confirmation, 675. Report on executor's account, 675. on administrator's account, 677, 678. on guardian's account, 681. Petition for appointment of, to audit assignee's account, 725. Report of, on application to sell real estate, 829. on settlement of account, 880. AWARD. Affidavit on appeal'from, 103. Of arbitrators, in debt or case, 173. ' in replevin for rent, in favor of landlord, 174. ■when property is to be returned, 174 BAIL. Bond of indemnity to, 206, 218, 219, 220. Notice of putting in, 589. of exception to, 590. of justification of, 590. tliat additional, will be given, 690. BAIL PIECE. Remarks on, 194. Form of, 194. BARRATOR. Complaint against, 258. BALANCE. Certificate of, due by administrators, filed as a lien, 237. BASTARD. Bond to mother of a, 217. county for a, 223. guardians of the poor, on settlement of bastardy case, 748 guardians in case of bastardy, 754. Release by mother of, to its father, 828. BIGAMY. Complaint for, 256. BILL IN EQUITY. Forms of introduction to a bill, 419-21. Stating part of, 421. Confederating part of, 422. Charging part of, 422. Jurisdiction clause of, 422. Interrogating part, 423. in the Circuit Court, 423. Prayer for relief, 423. Prayers for process, 424-5. For dissolution of a partnership, &c., 425. For account, receiver, and injunction, 427. To perpetuate testimony of lost deeds, 428. of witnesses to a will, 430 Of discovery in aid of a suit at law, 432. For specific performance, 435. To cancel assignment in fraud of creditors, 446. For dower, 448. For partition by heirs at law, 449. Of interpleader, 450. To restrain waste, 452. For an injunction, 453. To perpetiiate testimony of illegitimacy, 455. f>24 INDEX. BILL IN ^QXJITY— Continued. Of discovery, in aid of an execution, 457. For partition, by one tenant in common, 460. To carry decree into execution, 461. BILLS OF EXCHANGE. Remarks on the subject of, 195. Set of foreign bills, 196, 197. Domestic bill, or draft, 197. Form of acceptance, 197. Protest of, 773. BILLS OF LADING. Form-fot a set of, 815. BILLS OF SALE. Remarks on, 200. Of goods and chattels, 200. goods and stock, in consideration of maintenance, 200. a licensed vessel, 201. a registered ship, 202. BILLS (PENAL AND SINGLE). Remarks on, 199. Penal bill, 199. Single bill, 200. i> 'ND. See Refunding bond. " Remarks on, 204. In the admiralty, to dissolve attachment, in personam, 93. To procure discharge of property, in a suit in rem, 94. Assignment of bond and mortgage, 179. where the assignor is liable, 183, 184. is not liable, 184. Common form of, 204. Judgment bond, 205. From one person to two, 206. Of indemnity to bail, 206. guardian, at his appointment, 210. executor, on application to sell real estate, 211. administrator, on application to sell real estate, 212. guardian, on application to sell real estate, 212. For performance of fcovenants, 212. To execute a conveyance, 213. leave money to a wife, 213, 229. permit a wife to make a will, 213. maintain parents, 214. keep a person during life, 215. to execute a conveyance at a future time, obligee to receive the profits, 21& For service of an apprentice, 216. Of an attorney to account to his client, 216. the treasurer of a company, 216. To the mother of a bastard child, 217. i )f indemnity to the surety in a bond, 217. to the bail in a bail bond, 218. on paying a lost note, 218. By the master of a vessel, to deliver up the same on demand, 219. Of indemnity to special bail, 219. to bail in recognisance, 220. to surety in administration bond, 220. to executor on paying legacy, 221. to save harmless on paying rent, 221, 225 ' against claim for dower, 222. for a bond lost or mislaid, 222. INDEX. 92f BOND— Coreiinue* To the county for a bastard child, 223. refund money on failure of contract, 223. Replevin bond to sheriff, by plaintiff, 224. Property bond, by defendant in replevin, 225. Of indemnity in foreign attach '^ent, 226. to sheriff on levy and sale, 226 for payment of annuity, 227. to discharge encumbrances, 22V. to endorsers, 228. For payment of money after a person's death, 228. Of constable for faithful performance, 228. For payment of annuity during life of feme covert, 230. Of indemnity, on paying money to one who had not taken out letters of ad- ministration, 230. To suffer wife to live apart from her husband, 231, 232. Declaration in debt on, 324. with confession of judgment, 325. Declaration of trust, relative to a, 336. Of insolvent debtor, 498. Letter of attorney to receive money on, 533. Of committee of lunatic, 651. For money, to become due, immediately on default in payment of interest, 672 Administration, 604. For payment of collateral inheritance tax, 605. Of indemnity to guardians of the poor, 748. To guardians in case of desertion, 758. in case of bastardy, 754. Of treasurer of school district, 778. Of collector of school tax, 779. On sale of trust estate under act of 1853, 803. BRIBERY. Complaint for taking bribe at an election, 259. BRIDGES. Remarks on, 831. Petition for a county bridge, 844. Appointment of viewers and order, 844. Report of viewers, 845. Certificate to county commissioners, 846. Petition for appointment of inspectors, 846. Appointment of inspectors, 847. Report of inspectors, 847. Order of confirmation, 848. Petition for bridge on county line, 848. Appointment of viewers and order, 848. Report of viewers, 849. Petition for appointment of inspectors, 850. Appointment and order, 850. Report of inspectors, 851. Order of confirmation, 851. BURGLARY. Complaint for, 255. CALIFORNIA. Acknowledgment before commissioner for, 36. CAPIAS AD RESPONDENDUM. Return, where defendant is arrested, 859. where defendant is arrested but cannot be brought in on account of sickness, 8o9. where defendant cannot be found, 859. where defendant arrested and rescued, 859. 926 INDEX. CAPIAS AD SATISFACIENDUM. ^ BetuTD, where defendant is arrested and gives bail, 860. where defendant is arrested and committed, and afterwards gives bail, 860. where defendant cannot be found, 860. where defendant arrested and rescued, 860. CAPTION. Of depositions, under rule of court, 402. CARRIER. Declaration against, for not delivering goods, 327. CASE. Flea of general issue in, 735. CASE STATED. Remarks on, 233. Form of, 233. CAUSE OP ACTION. Affidavit of, by wife, for work done dum sola, 106. by executor, &c., 106. CAVEAT. Remarks on, 234. Against the probate of a will, 234. granting letters of administration. 234. CERTIFICATE. Remarks on, 234. Of partnership, 140. change of copartners, 140. limited partnership, 143. applicant for land warrant, 162. register, to a will, under act of Congress, 235. president judge, to accompany the same, 235. prothonotary, to accompany the same, 235. record, under act of Congress, 236. judge, to accompany the same, 237. balance due by administrators filed as a lien, 237. justice, in domestic attachment, when demand exceeds $100, 238. of execution issued and returned, 238. admission of attorney, 239. cestui que trust, that land was conveyed by her direction, 367. For removal of fugitive slave, 492. Of alien's declaration, 580, 582. naturalization, 681, 585. appointment of executor, 607. of administrator, 608. of appraiser for collateral inheritance tax, 608 of guardian, 637. To petition for tavern license, 728. Of non-payment of school tax on unseated land, 781. school teacher, 785. That schools have been kept open, 786. CERTIORARI. Remarks on the subject of, 239. Affidavit to sustain, 105. Form of, to a justice of the peace, 240. Return of magistrate, 240. Praecipe for, 761. Form of affidavit, 761. PrsBcipe for execution on judgment affirmed on, 761. on proceedings by sheriff's vendee, 763. INDEX. 927 CHARTER, Of a literary association, 279. a Proteatant Episoopal Church, 281. CHECKS. Remarks on, 242. Form of a check, 242. CHURCH. Charter of a Protestant Episcopal, 281. CITATION. Petition for, to executors, to account, 616. to co-executor, for mismanagement, 619. to surviving executor, 620. to Tridow to elect, 621. to executors, for mismanagement, 622. On bill for specific performance of decedent's parol contract, 625. To show cause why nuncupative will should not be probated, 892. CLAIM. Assignment of a, 182. for money due on account. 182. CLERK. Agreement with, for services, 156. CLERK OF THE MARKET. Oath of, 115. CODICIL. Disposing of personal property, 893. real and personal property, 894. COGNOVIT. Remarks on, 240. In action of debt, 240. In assumpsit, 241. COLLATERAL INHERITANCE TAX. Bond for payment of, 606. Certificate of appointment of appraisers, 608. Oath of appraiser, 609. Form of inventory, 609. Receipt for, 610. COLLISION. Libel for, in the admiralty, 65. Claim by owner, 57. master or bailee, 58. Answer to such libel, 68. Libel for, under act of 1845, 82. COMMISSION. Remarks on, 243. Interrogatories to examine witnesses on, 243. Cross-interrogatories, 244. Rule for, 244. Form of, to examine witnesses, 244. Letter of instructions, 245. From register of wills to foreign country, 249. Of lunacy or habitual drunkenness, 646. Notice of execution of, 689. COMMISSIONER. Acknowledgment, by corporation, before Pennsylvania commissioner, 84. 923 INDEX. COMMISSIONER— Continued. Affidavit by secretary, 34. Acknowledgment before, for Alabama, 35. Arkansas, 36. California, 36. Connecticut, 36 Delaware, 36. Florida, 36, 37, , Georgia, 37. Illinois, 37. Indiana, 37. Iowa, 37. Kentucky, 38 Louisiana, 38. Maine, 40. Maryland, 40. Massachusetts, 40. Michigan, 40. Mississippi, 41. Missouri, 41. New Hampshire, 41. New Jersey, 41. New York, 41. North Carolina, 41. Ohio, 42. Bhode Island, 42. South Carolina, 42. Tennessee, 42. Texas, 43. Vermont, 43, Virginia, 43. Wisconsin, 43. COMMITTEE. Bond of, in lunacy, 551. Petition of, to sell real estate, 552. Beturn and petition to confirm sale, 653. COMMON PLEAS. Affidavit that debt or damage exceeds $100, 101. of defence, 103. Case stated, 233. COMPLAINT. Remarks on, 255. General form of, 255. Of an apprentice, 168. In arson, 255. For burglary, 255. For detention of official documents, 256. For adulterating flour, 256. For using unlawful weights, 256. For firing the woods, 267. For forgery, 257. Against an accessory before the fact, 257. For an affray, 268. Against a barrator, 268. In bigamy, 268. For ofi^ering more than one ticket at an election, 259. For taking a bribe at an election, 259. For using threats or violence at an election, 259. Against unqualified voters for interfering at an election, 259. For using false receiptSi &o., at an election, 260. For destroying tickets at an election, 260. INDEX. 929 COMPLAINT— Coraiinuerf. Against a justice for refusing to receive ballot boxes, 260. for not keeping ballot boxes safely, 261. For betting on elections, 261. For a rescue, 261. For forestalling, regrating, or engrossing, 262. For incest, 262. For keeping a disorderly house, 262. For removing land marks, 262. Against an apprentice for disobedience, 263. for absenting himself, 263. For subornation of perjury, 263. Against a master, for non-performance of covenants, 264. for ill-treatment, 264. Of landlord under act of 1772, 515. COMPOSITION. Remarks on, 250. Form of composition deed, 250, 251. CONDEMNATION. Agreement to waive, 161. Of real estate levied upon fi. fa., 853. CONDITIONS OF SALE. Remarks on, 252. Form of, 252, 254. Agreement to be appended to, 253. Receipt to agreement, 253. CONFIRMATION. Of deed, by infant, at majority, 31. Deed of, 380. CONGRESS. Form of petition to, 721. CONNECTICUT. Acknowledgment before commissioner for, 36. CONSTABLE. Remarks, 264-6. Oath or aflSrmation of, who attends a jury, 112. to keep a jury on adjournment, 112. Oath of, 115. Bond of, for performance of duties, 228. Return of election of, 266. Notice of election of, 266. Return to Quarter Sessions, 266. of, on domestic attachment, 267. on a summons, 267. Deputation by, 268. Return on a warrant, where the party is not found, 268. is in custody, 268. has been rescued, 268. one party is in custody and the other nc t found, 268. search warrant, where goods are found, 269. where no goods are found, 269. Notice to, for perusal and copy of his warrant, 692. Proclamation for returns of, 769. CONTINGENT REMAINDER. Petition for letting on ground-rent, and to bar, 796. 59 930 INDEX. CONTRACT. See Agreement. Bill to enforce specific performance of parol, of decedent, 623. COPARTNERSHIP. Articles of, 133. Between two tradesmen, 135. merchants, one of whom has been engaged in the business, 187. Certificate of partnership, 140. change of copartners, 140 Articles of limited partnership, 141. Certificate and acknowledgment, 143. Affidavit of general partner, 144. Advertisement, 145. Affidavit of publication, 145. Agreement to continue a partnership, 146. relinquish interest in a partnership, 147. Dissolution of partnership, 148. Notice of dissolution, 149. retirement of partner, 149. Covenants to be inserted in partnership contracts, 150. That opinion of majority shall bind, 150. Not to trust any one whom a partner shall forbid, 150. Not to be bound, or to endorse bills, 150. Neither party to assign his interest, 150. Parties to draw quarterly, 150. Bill in equity, for dissolution of, &c., 425. Bill for account, receiver and injunction, 427. CORO?JER. Remarks, 269. Fees of, 269. Precept to summon a jury, 270. Oath of foreman, 270. the rest of the jury, 270. Subpoena, 270. ' Oath of witness, 271. Inquisition of murder, 271. by poisoning, 272. by persons unknown, 275. suicide by hanging, 272. by cutting his throat, 273. by drowning, 274. on one who died a natural death, 273. drowned by accident, 275. non compos mentis, 275. killed in self-defence, 276. who died in jail, 276. CORPORATION. Remarks on, 277-8. Acknowledgment by, 28. in New Jersey, 33. Probate of execution of deed by, 33. Acknowledgment by, before a Pennsylvania commissioner, 34 Affidavit of secretary, 34. Treasurer's bond, 216. Incorporation under act of 1791, 279. Articles of association, 279. Certificate of attorney-general, 280. justices of {he Supreme Court, 281, prothonotary, 281. Fiat of governor, 281. Certificate of record, 281. Incorporation under act of 1840, 281. INDEX. 931 CORPORATION— Continued. Charter' of incorporation, 281, Becree of the court, 284. Petition for sequestrator, 284. Deed of, 375. iieea or, a/o. Letter of attorney from, to collect debts, 537. Notice to, by register, of bequest, 609. COUNTY. Bond to, for a bastard child, 223. COUNTY COMMISSIONERS. Oath of,"before selection of jurors, 116. COVENANTS. Remarks on the subject of, 286. To be inserted in partnership contracts, 150. Bond for performance of, 212. General form of, by one person, 287. by two or more, jointly and severally, 287, By a husband, for himself and wife, 287. * several, where each confines his covenant to his own portion of an estate, 287. several individuals, severally but not jointly, 287, tenant for life and tenant in fee that they are lawfully seized, 288. two vendors severally but not jointly, 288, To stand seized to uses, 289. By trustees, that they have not encumbered, 289. For quiet enjoyment, 289, For further assurance, 290, Of warranty, 290. Against encumbrances, 290. To restrict building, 290, 291. That lessee may deduct taxes, &e,, out of his rent, 291, shall pay taxes, 292. insure and rebuild in case of fire, 292. lay out, &o., in repairs, 292. may remove erections, during the term, 293, shall use the hay on the premises, &c., 293. may leave within the term, 293. Not to suffer any nuisance, 294, That grantor has good right to convey, 294, From assignor that an annuity has not been paid for two years, 294. Declaration in, on lease, for not repairing, 305. lessor against lessee, 307. grantee against grantor, 308. for arrears of ground-rent, 309, 311, 315. by executors, 321. Plea of general issue, 734. Plea in bar, in covenant, for not repairing, 736. Praecipe for summons in, 755. Special covenants to be inserted in leases, 528. That offensive business shall not be carried on, 528. lessee shall inhabit th« premises, 528. lessee shall not assign or underlet, 528. lessor shall pay the taxes, 528. lessor shall insure against fire and rebuild, 629. DEBT. Declaration in, against surety of assignee, 317. on bond, 324. on simple contract, 324, on bond, with confession of judgment, 325. Plea of general issue, on simple contract, 734. on bond, 734. 932 INDEX. DEBT— Corefenacif. Flea of general issue, on a deed, 734. Prsecipe for summons in, 765. DECEDENTS. See Accounts; Executors and A Iministratora. Deed by executor, on contract of, 347. on sale for payment of debts, 356. administrator on contract of, 350. on sale for payment of debts, 351. Inventory of estate of, 478^ 480. Affidavit of appraisers, 479. Appraisement under act of 1851, 482. Report to the cqurt, 484. . Notice and exceptions, 484, Petition for approval, 485. Order, approving the appraisement, 486. setting aside the appraisement, 486. Demand of appraisement of real estate, 486. Report of appraisers, 487, 488. Return of executor, &c., 487. Order of confirmation, 488. Proceedings to sell real estate for payment of debts, 610. Petition to sell real estate for balance due executors, 615. Bill to enforce specific performance of parol contract of, 623. Order of court thereon, 625. Citation to executors, &c,, 625. Acceptance of service, 626. Answer admitting the contract, 626. Decree of specific performance, 627. Certificate thereof, 628. Proceedings for distribution of estate, 630. Appointment of auditor, 630. Auditor's report, 631. Notice of filing report, 633. Exceptions to auditor's report, 634. '/^^,,>..M.,^^v*:^^«^ ^7^ DECLARATION. Remarks on, 295. In assumpsit, with common counts, 29S. On a promissory note, 297. in New Jersey, 298. endorsee against maker, 300. executor of payee against malcer, 301. By executor, &c., against executor, &c., for board and lodging of decedent, 302. By surviving executor, &c., against surviving executor, &o. for goods sold, &o., 304. In covenant, on lease, for not repairing, 305. lessor against lessee, 307. grantee against grantor, 308. for arrears of ground-rent, 309, 311, 315. In debt, against surety of assignee, 317. In case, for not guarding excavation, 319. By executors, for ground-rent, 321. In debt, on bond, 324. on simple contract, 324. i on bond, with confession of judgment, 325. In detinue, for refusing to deliver, 326. on a finding, 326. In case, against carrier, for not delivering, 327. In trover, 327. In case, for a libel, 328. In trespass, for assault and battery, 32Et. quare clausum f regit, 330. INDEX. 933 DECLARATION— Cora(iraB«rf. In replevin, 330, 331. In account render, 331. Statement in place of, 332. » Of married woman, under act of 1848, 32. Acknowledgment of such declaration, 32. In deigned issue, to try the validity of a will, 687. In partition,' 692. DECLARATION OF TRUST. Remarks on, 333. In favor of son and heir at law of a decedent, 333. Relative to real estate and the purchase-money thereof, 334, 335. Relative to a bond, 336. By guardians, in favor of their ward, 336. By a creditor as to collateral securities, 337. DECREE. Of divorce, a vinoulo matrimonii, 41&. a meusa et thoro, with alimony, 416. In equity, on bill for specific performance, 445. On citation to widow to elect bequest in lieu of dower, 621, 622. Of specific performance of decedent's contract, 627. Of sale, in partition, in the Orphans' Coilrt, 652. Confirming sale in partition, 659. Final decree, 662. In partition, adjudging purpart to one of the parties at the valuation, 669. On petition of trustee for leave to extinguish ground-rent, 730. On petition for sale of trust estate, &o., 792. to square lines, and lay out streets, 795. of guardian for private sale, 802. DEED. Remarks on the subject of deeds, 838. Acknowledgment of, 26. Probate of, by subscribing witness, 29, 30. Confirmation of, by an infant, at majority, 31. Probate of execution of, by a corporation, 33. by affidavit of signature of witness, 104. Assignment of a, 175. Common form of warranty deed, 340, 343. Warranty deed, with covenants, 342. By attorney, 344. executors, under a will, 844. with special warranty, 346. on contract of testator, 347. on sale for payment of debts, 856. administrators, for lands sold by order of Orphans' Court, 348. on contract of decedent, 360. on sale for payment of debts, 851. clerk of Orphans' Court, on refusal of administrator, 353. guardian, for lands sold by order of Orphans' Court, 357. sheriff, on venditioni exponas, 859. on levari facias, 860. for lands sold by his predecessor, 361. husband and wife, without warranty, 363. Of trust for benefit of creditors, 864. of a married woman, 365. trustee, by direction of cestui que trust, 366. trust, for the benefit of a wife, 368. for married woman for life, then for husband for life, and children in fee, 871. personal property in trust, with power to sell and re-invest, 874. From a corporation, 375. ' 934 INDEX. DEED — Continued, Of gift, 376. partition, by tenants in common, 377. exchange of lands, 379. confirmation, 380. Deed wittout covenants, 380. Deed poll, 381. ♦ For unpatented lands, with special warranty, 381. Quit claim deed, 382. Of release, 382. For a right of way, 383. and. watercourse, 384. Between parties to leave open an alley, 385. For a watercourse, 386. Ground-rent deei 387. Extinguishment of ground-rent, 390, 391. To bar an estate tail, 391. In pursuance of order of Orphans' Court under act of 1853, 894. By sheriif, under order of sale, in partition, 897. General warranty deed, by husband and wife, with covenants, 899. Form of, in Massachusetts, 400. To school directors, 784. Form of an ancient deed, 902. DEFENCE. Affidavit of, 103. DELAWARE. Acknowledgment before commissioner for, 86. DEMURRAGE. Libel for, 77. Answer thereto, 79. DEMURRER. Remarks on, 732. Special demurrer, 299. Forms of, to bills in equity, 462. The title, 462. To the whole bill, 462. a part of the bill, 462. Conclusion of, to the whole bill, 463. to part of the bill, 463. For want of affidavit, 463. I suggestion that evidence of plaintiff's demand is not in his power, 464. To petition for inquest, in the Orphans' Court, 643. declaration, for matter of form, 732. substance, 732. Joinder in demurrer, 732. To a rejoinder, 738. DEPOSITIONS. Remarks en the subject of, 401. Of witnesses, de bene esse, in the admiralty, IOC. Caption of, under rule of court, 402. Notice of taking, in divorce, 416, 589. on rule of court,- 588. under commission, 589. DEPUTATION. Remarks on, 403. By a constable, 268. To a deputy register, 403. INDEX. 935 DEPUTY SURVEYOR. Oath of, 116. DESERTION. Warraut to leyy, in case of, 747. Bond to guardians, on settlement of oase of, 748, Oa^h, on warrant of seizure, 760. Form of warrant, 750. Notice of levy, &o., 751. Petition for confirmation of warrant, 752. of guardians in case of, 753. Bond to guardians in case of, 753. DETINUE. Declaration in, for refusing to deliver, 826. on a finding, 326. Plea of general issue in, 734. Prseoipe for summons in, 760. DISCHARGE. Remarks on, 403. Of insolvent debtor from arrest, 404. Of prisoner charged with criminal offence, 404 DISCOVERY. Bill of, in aid of a suit at law, 432. Affidavit thereto, 435. Bill of, in aid of an execution, 457. Affidavit thereto, 459. Writ of scire facias thereon, 460. Sheriff's return, 460. DISORDERLY HOUSE. Complaint for keeping, 262. DISSOLUTION. Of partnership, 148. Notice of, 149. of retirement of partner, 149. Bill in equity for, 425. DISTRESS. Warrant to distrun, 612. Notice of, 512. Oath of appraisers, 116. DISTRIBUTION. Distribution account, 18. Proceedings for, of decedent's estate, 630. Appointment of auditor, 630. Affidavit of auditor, 630. Report of, 631. • Notice of filing report, 633. Exceptions to report, 634. Refunding bond of distributees, 634. DISTRINGAS. Return, where defendant's bail is attached, 860. where nothing of defendant is found, 860. DIVORCE. Remarks on, 404. Interrogatories to witnesses, 248. Petition for, on ground of desertion, 405. of intolerable treatment, 407. of adultery, 407. 936 INDEX. DIVORCE— Continued. Petition for, and alimony, for desertion, 407. for intolerable treatment, 408. of husband to annul decree, 408. to legisla-ture for, 409. Answer to libel, where citizenship and residence are not set out, 41 8. where fact of adultery is not set out with sufficient p)-ecision, 410. where former libel is pending, 411. recrimination, denial and condonation, 412 ' where desertion is denied, 412. where intolerable treatment is denied, 413, with general denial of adultery, 413. Beplication of libellant, 414. Interrogatories in case of intolerable treatment, 414. adultery, 415. Notice of taking depositions, 416, 689. Decree a vinculo matrimonii, 415. a mensa et thoro, with alimony, 416. DOCKET ENXRY. In case of master and apprentice, 171. of landlord and tenant, 518. ' Register's Court, in proceedings to try the validity of a will, 685. the Common Fleas, in the same case, 686. DOMESTIC ATTACHMENT. Remarks on, 189. Affidavit, to support, 106. Certificate of justice, when demand exceeds $100, 238. Constable's return to, 267. Prs9cipe for writ of, 756. DOWER. Assignment of, by the heir, 174. Bond of indemnity against claim for, 222. Bill for dower, 448. Petition for citation to widow to elect bequest in lieu of, 621. Decree of court thereon, 621, 622. Praecipe for summons in, 760. Release of, by endorsement, 823. J Return to writ of seisin, where the widow accepts, 860. ^ ' ,'i-L It— .i_^ ^ ^ where widow will not accept, 861. DUlfBILL. "^^^^ •: :^.^J Definition of, 416. .} '^ ^ ' '' ' ^, -c Common form of, 416. For balance of account, 417. Produce note, payable on demand, 417. payable at future date, 417. with surety, 417. EJECTMENT. Agreement for sale of laud, with warrant of attorney to confess judgment in, 129. PrEBcipe in, 758. for habere facias in, 762, 765. ELECTION. Complaint for offering more than one ticket at, 269. taking a bribe at, 259. using threats or violence at, 259. interference at, by unqualified voters, 269. using false receipts, &c., at, 260. destroying tickets, 260. refusing to receive ballot boses, 260. INDEX, 937 ELECTION— ConiOTMed'. Complaint for not keeping ballot boxes safely, 261. betting on, 261. Return of constables, 266. ' Notice to constables elected, 266. to hold election for increase of justices, 691. to change place of holding township elections, 591. of election to determine thereon, 591. ENDORSEMENT. ' Of promissory note, 185, 198. without recourse, 185. Bond of indemnity to endorser, 228. Notice of protest to endorser, 774, 775. EQUITY. Remarks on the subject of, 418. Introduction to a bill, 419. In state court, by persons of fiill age, not married, 419. By wife, where husband is defendant, 420. is oo-plaintifT, 420. an infant, 420. an idiot or lunatic, by committee, 420. by guardian,. 420. ' one incapable of- acting for himself, 421. a corporation, 421. the government, 421. In the Circuit Court, 421. Stating part of a bill, 421. Confederating part, 422. Charging part, 422. Jurisdiction clause, 422. Interrogating part, 423. in the Circuit Court, 428. Prayer for relief, 423. process, 424. When the bill is for discovery and relief, 424. Where the attorney-general, &c., is a defendant, 424. injunction is prayed to restrain proceedings at law, 421, to stay waste, 424. a certiorari is prayed, 425. Bill for dissolution of a partnership, &c., 425. for account, receiver and injunction, 427. to perpetuate testimony of lost deeds, 428. of witness to a will, 430. of discovery, in aid of a suit at law, 432. for specific performance, 435. Answer admitting the facts, 438. Master's report thereon, 439. Decree of the court, 445. Bill to cancel assignment in fraud of creditors, 446. for dower, 448. for partition by heirs at law, 449. of interpleader, 450. to restrain waste, 452. for an injunction, 458. to perpetuate testimony of ille^timacy, 455. Report of commissioner to take depesitions, 457. Bill of discovery, in aid of an execution, 457. Scire facias thereon, and return, 460. Bill for partition, by one tenant in common, 460. to carry decree into execution, 461. Forms of demurrers, 462-4. Forms of answers, 4C4J-8. 938 INDEX. EQUITr— Conrirawed Exceptions to answer, 469. to amended bill, 469. Forma of interrogatories, 470-1. ERUOR. See Writ of Error. ESTATE TAIL. Deed to bar, 391. Record thereof, 393. Certificate to be endorsed thereon, 393. EXAMINER. Report of, in favor of public sale of trust estate, 804. of an attorney at law, 829. EXCEPTIONS. To answer to bill in equity, 469. to amended bill, 469. appraisement under act of 1851, 484. Notice of exception to bail, 590. To auditor's report, distributing decedent's estate, 684. confirmation of sale, in partition, 657. EXCHANGE. Deed of, 879. EXECUTION. Remarks on the subject of, 473. Oath' of inquest on real estate, 114. Attachment execution, 193. Certificate by justice, if execution issued and returned, 238. Bill of discovery, in aid of, 457. Articles exempt from levy, 474. Form of election and appraisement, 475. Notice to pay rent out of proceeds of, 587. to appoint appraisers, 854. Oath of appraisers, 855, 856. J Form of election, 855. Appraisement, 855, 857. ' EXECUTORS AND ADMINISTRATORS. See Administrators. Remarks on the subject of, 476-8. Executor's partial account, 12. final account, 14, 16. distribution account, 18. acknowledgment, 30. Affidavit of, to account, 104. to cause of action, 106. Oath of, 115, 607. Refunding bond to, on payment of legacy, 208. given by distributee, 209. Bond of, on application to sell real estate, 211, 212. Bond of indemnity to, on paying legacy, 221. Declaration by, of payee against maker, 301. against executor, for board and lodging of decedent, 802. surviving, against surviving executor, for goods sold, &o., 304 Deed by, under a will, 344. with special warranty, 346. on contract of testator, 347. on sale for payment of debts, 356. ' ' ' » -" Advertisement of granting letters, 478. a^BM> Inventory of decedent's estate, 478, 480. Affidavit of appraisers, 479. Appraisement under act of 1851, 482. INDEX. 939 RXECUTORS AND ADMINISTRATORS— Coreimacrf. Report of appraisement to the court, 484. Notice, 484. Exceptions to appraisement, 484. Petition for approval, 485. Order of court thereon, 486. Demand of appraisement of real estate, 486. Report of appraisers, 487, 488. Return of executor, &o., 487. Order of confirmation, 488. Renunciation of, 698. Letters testamentary, 599. ' Bond for payment of collateral inheritance tax, 605. Certificate of appointment of, 607. of appraisers for collateral inheritance tax, 608. Oath of appraiser, 609. Porm of inventory, 609. Proceedings to sell real estate for payment of debts, 610, 671. Return to order of sale, 618, 673. Petition to extend time to sell, 614. to sell real estate for balance due, 616. for citation to, to file account, 616. of executors to be discharged, 616. Assent of parties thereto, 617. Petition for citation to co-executor for mismanagement, 619. to surviving executor, 620. Answer thereto, 620. Petition for citation to executors for mismanagement, 622. Proceedings for distribution of decedent's estate, 630. Refunding bond to, 684. Petition for approval of sureties on sale in partition, 656. Auditor's report on account of, 675, 677, 678. Plea of general issue by, 735. Release to, for a legacy, 824. Oath of executor of nuncupative will, 892. EXEMPTION. Form of election and appraisement, under exemption law, 476, 865 Notice to appoint appraisers, 864. Oath of appraisers, 855, 856. Appraisement of real estate, 857. Where property cannot be divided, 857. EXTENT. See Liberari fadoi. EXTINGUISHMENT. Agreement to extend time for extinguishment of ground-rent, 131. Deed of extinguishment of a ground-rent, 890, 391. EXTRADITION. Remarks on, 489. Warrant for removal of fugitive, 489. FEES. Of the coroner, 269. FEIGNED ISSUE. To try the validity of a will, 687. Plea, 689. Replication, 690. FIERI FACIAS. PrsBoipe for, 764. for testatum fi. fa., 765. for, for residue of judgment, 766, 940 INDEX. PIERI FACIAS— Continued. Praaoipe for, againBt plaintiff for costs, 766. Inquisition and condemnation of real estate under, 853. Return, where levy has been made, 861. where nothing can be found, 861. levy made, but not sold, 861. levy for a part only, 861. where defendant's goods did not amount to $300, 862. where property levied on amounted to more than $300, 862. ^ where executor has wasted property of decedent, 862, levy made, and goods rescued, 862. ' where there are several parties of the same name, and goods not par- ticularly designated, 863. FORESTALLING. Complaint for, 262. FORGERY. Complaint for, 257. FLORIDA. Acknowledgment before commissioner for, 36, 37. FOREIGN ATTACHMENT. Writ of, 187. where only one of two debtors is subject to, 187, Interrogatories to garnishee in, 188, 247. Recognisance to restore, 188. Bond of indemnity to sheriff, 225. Praecipe for writ of, 756. to garnishee, 765. FRAUD. Bill to cancel assignment in fraud of creditors, 446. FUGITIVE FROM JUSTICE. Warrant for removal of, 489. FUGITIVE SLAVES. Remarks on, 491. Warrant of arrest, 491. Certificate of removal, 492. GARNISHEE. Interrogatories to, in foreign attachment, 188, 247. Judgment against, in attachment execution, 505. Praecipe for scire facias to, 765. GATES. Petition for a gate on a private road, 842. Appointment of viewers and order, 843. Report in favor of a gate, 843. Order of confirmation, 843. GEORGIA. Acknowledgment before commissioner for, 37. GENERAL ISSUE. See Pleas. GIFT. Deed of, 376. GOVERNOR. Form of petition to the, 721. GRAND JURY. Oath of foreman of, by kissing the book, 108. INDEX. 941 GRAND 3VRY— Continued. Oath of the other grand jurors, 108. foreman, by lifting up the right hand, 109. the other grand jurors, 109. - Affirmation of foreman of, 109. the other grand jurors, 109. Oath of witness to, 115. GROUND-KENT. Agreement to extend time for redemption of, 131. Amicable confession of judgment, for arrears of, 159. Assignment of, 176. by endorsement, 177. Declaration for arrears of, in covenant, 309, 311, 315. by executors, 321. Deed reserving a, 387. extinguishing a, 390. Petition of trustee, for leave to extinguish, 729. Answer thereto, by grantee, 730. by cestui que trust, 730. Decree thereon, 730. Petition for letting trust property on, 791. Decree thereon, 792. Petition for letting on, and to bar contingent remainder, 796. GUARANTY. Remarlis on the subject of, 541. Of a debt not yet Incurred, 641. GUARDIANS. Guardian's account, 22. Affidavit of, to account, 104. Bond of, 210. on application to sell real estate, 212. Declaration of trust by, in favor of their ward, 336. Deed by, for lands sold by order of Orphans' Court, 357. Petition for appointment of, by minor under 14 years, 635. by minor over 14 years, 635. Order of court for appointment of, 636. Certificate of appointment, 637. Petition of, to seO real estate, 638, 639. Auditor's report thereon, 640. Petition of, to become a party to proceedings in partition, 658. Auditor's report on account of, 681. Plea of confession by, in partition, 694, 695. i Petition of, to amend, in partition, 694. to unite with other owners in a private sale, 798. Certificate of appointment of master and examiner to report on propriety of sale, 800. Report of master, 801. Confirmation and decree thereon, 802. Report of sale by guardian, 802. Petition of, for leave to sell ward's estate, 806, 807. Appointment of master, 808. Re^rt of master, 808. Release to, by ward, on coming of age, 826. HABEAS CORPUS. Remarks on, 492. Petition for, where petitioner is under arrest on civil process, 493. where petitioner is in the criminal department, 49. where petitioner is deprived of liberty by master, &c., 494. by a parent for a child, 494. ad testificandum, 495. Writ of, ad subjiciendum, &c., 495. 942 INDEX. HABEAS CO^VVa—OonUnued. Writ of, ad testificandum, 495. Beturn to, where petitioner is not in custody, 496. is in custody, 496. prisoner is brought, 863. and cause of detention, 863. cannot be brought, owing to infirmity, 8G4. party is not iu.prison, 864. prisoner detained by writ, 864. committed on execution, 864. on warrant, 864. on suspicion, 864. on indictment, 865. is held for several causes, 865. HABERE FACIAS. Praecipe for, in ejectment, 762, 765. Return to, 865. HABITUAL DRUNKARDS. See Lunatic. Remarks on, 643. HUSBAND AND WIFE. See Married Woman. Acknowledgment by, 27. by a wife, in a separate certificate, 31. Articles for separation of, 15L- Bond to suffer wife to live apart, 231, 232. Flea of general issue by, 735. ILLINOIS. Acknowledgment before commissioner for, 37. INCEST. Complaint for, 262. INCORPORATION. Of literary society under act of 1791, 279. Articles of association, 279. Certificate of attoriley-general, 280. justices of the Supreme Court, 281. prothouotary, 281. Fiat of governor, 281. Certificate of record, 281. Of a church under act of 1840, 281. Charter of incorporation, 281. Decree of the court, 284. INDEMNITY. Bond of, to bail, 206. to the surety in a bond, 217. to the bail in a bail bond, 218. on paying a lost note, 218. to special bail, 219. to bail in a recognisance, 220. to surety in administration bond, 220. to executor on paying legacy, 221, to save harmless on paying rent, 221. against claim for dower, 222. for a bond lost or mislaid, 222. to sherifi^, in foreign attachment, 225. upon levy and sale, 226. for payment of annuity. 227. to discharge encumbrances, 227. to endorsers, 228. on paying money to one who had not taken out letters of adminis- tration, 230. INDEX. 943 INDENTUKE Of apprenticeship of a boy to learn a trade, 164. a girl, to learn housework, &c., 166. by the overseers, 166. Approbati&u of justices, 167. - Assignment of, 168. INDIANA. ' Acknowledgment before commissioner for, 37. INFANT. Acknowledgment of deed by, confirmed at majority, 81. INJUNCTION. Bill for an, 453. INQUEST. Oath or affirmation of, in partition, 114. under execution, 114. on writ of inquiry, 114. on liberari facias, 114. INQUIRT. See Wnt of Inquiry, INQUISITION. Agreement to waive, 161. Of murder, by coroner's jury, 271. by poisoning, 272. by persons unknown, 276. suicide, by hanging, 272. by cutting his throat, 273. by drowning, 274. by one non compos mentis, 275. On one who died a natural death, 273. one drowned by accident, 275. one killed in self-defence, 276. one who died in jail, 276. In lunacy, finding party a lunatic, 648. not a lunatic, 549. g Traverse of, in lunacy, 550. Replication and rejoinder, 551. Bond of committee, 551. In partition in the Orphans' Court, 646. at law, 699. Of real estate levied on by fi. fa., 853. , Of damages, on writ of inquiry, 866, INSOLVENTS. Remarks on the subject of, 497. Petition for discharge from arrest, 497. Bond of insolvent and his surety, 498. Final petition, 499. Affidavit, 499. Schedules, 500. General assignment of, 501. Proclamation for discharge of, 769. INSURANCE. Agreement for renewal of policy, 153. Assignment of policy, 186. JNTEREST. Remarks on, 501. Rates of, in the different states, 501. Interest table, 502. Mode of calculating, 503. 944 IMDES. INTERPLEADER. Bill of, 450. Affidavit thereto, 462. INTERPRETER. Oath of, in civil courts, by kissing the book, 111. by lifting up the right hand, 111. Affirmation of, in civil courts, 111. ' ' Oath of, in criminal courts, by kissing the book, 111. ," by lifting up the right hand, 111. Affirmation of, in criminal courts, 112. .^ Oath or affirmation of, to a deaf and dumb witness, in civil courts, 112. in criminal courts, 112 INTERROaATORIES. Remarks on, 504. To garnishee in foreign attachment, 188, 247. examine witnesses on a commission, 243. Cross-interrogatories, 244. To witnesses in proceedings for divorce, 248. In divorce, in case of intolerable treatment, 414. adultery, 415. Notice of taking, in divorce, 415. Title of, in equity, 470. First general interrogatory, 471. Concluding general interrogatory, 471. In attachment ezecution, 604. INVENTORY. Of decedent's estate, 478, 480. On distress for rent, 513. Under collateral inheritance law, 609. INVESTMENT. Petition for approval of, 617, 618. IOWA. Acknowledgment before oommiasioner for, 87. JUDGMENT. Amicable revival of, 158. , Confession of, in covenant, for ground-rent, 159. on mortgage, 159. after rule of reference, 160. Assignment of, 183. Judgment note, 199. bond, 205. Declaration in debt on bond, with confession of, 325. Against garnishee, in attachment execution, 606. Notice of motion to open justice's, 590. Judgment note with waiver of exemption and stay of execution, 769. with stay of execution, 770.^ Release from lien of a, 824. JURY. Oath of traverse jury, in civil courts, by kissing the book, 109. by lifting up the right hand, 1 10. Affirmation of traverse, in civil courts, 110. Oath of traverse, in criminal courts, by kissing the book, 110. by lifting up the right hand, 110. Affirmation of, in criminal courts, 110. Oath of constable who attends a jury, 112. to keep a jury on adjournment, 112. jurors in proceedings to recover possession after sheriff's sale, 113. under landlord and tenant act of 1825, 113. INDEX. 945 JURY — Continued. Oath of sheriff and commissioners, before selection Oi jurors, 116. Coroner's precept to summon, 270. Oath of coroner's jnry, 270. ' JUSTICE OF THE PEACE. Remarks on the subject of, 506. Affidavit that title to lands will come in question, 107. Oath of referees, 113. Approbation of binding by overseers, 167. Complaint of an apprentice, 168. Notice to master, 169. Warrant against master, 169. apprentice, 170. Recognisance of master, 171. apprentice to testify, 171. Bail piece, 194. Certificate in domestic attachment when demand exceeds $100, 238. of execution, issued and returned, 238. Certiorari to, 240. Justice's return, 240. Complaint against, for refusing to receive ballot boxes, 260. for not keeping ballot boxes safely, 261 . Notice of motion to open judgment, 590. of intended suit against, 591. of desire to vote for increase of, 591. JUSTIFICATION. Notice that evidence will be given of, 588. of justification of bail, 590. KENTUCKY. Acknowledgment before oommisssioner for, 38 LANDLORD AND TENANT. Remarks on, 508-12. Oath of jurors, under act of 1825, 113. appraisers on distress for rent, 116. Agreement for letting a house, 125. Warrant to distrain, 512. Notice of distress, 512. Inventory, 513. Appraisement, 513. Notice of sale, 514. Proceedings to obtain possession, 514. Notice to quit at expiration of term, 514. Complaint, 516. Proceedings to obtain possession for non-payment of rent. 515 Notice to quit, 515. Oath of landlord, 516. Summons, 516. Writ of possession, 517. Form of docket entry, 518. Recognisance on appeal, 618. LANDMARKS. Complaint for removing, 262. LAND WARRANT. Application for, by a settler, 161. Affidavit and certificate for land settled on, 162. land improved but not settled, 162. unimproved land, 162. Affidavit of applicant for lands under act of 1807, 162 60 846 INDEX. LEASE. Remarks on, 519. Assignment of, 180. Covenants to be inserted in, 291-4. Declaration in covenant on, for not repairing, 305. lessor against lessee. 307. For life of husband and wife and the survivor, 519. Of lands for a term of years, 621. Of farm for a term of years, 522. Of a dwelling-house, 523. With covenant not to underlet, and waiver of exemption laws, 524. With surety, and covenant not to underlet, 524. covenant not to underlet, and waiver of exemption, 526 Of goods and household furniture, 627. Covenant that no offensive business shall be carried on. 528. that lessee shall inhabit the premises, 528. that leseee shall not underlet, 528. that lessor shall pay the taxes, 528. that lessor shall insure against fire, and rebuild, 529. To school directors, 784. LEGACY. Letter of attorney to receive, 534. Release for payment of, 824. LETTERS OP ADMINISTRATION. Form of, 600. with the will annexed, 601. pendente lite, 602. de bonis non, 603. LETTERS OF ATTORNEY. Remarks on, 529. Acknowledgment of, 26. by virtue of, 27. To sell or lease lands, and transact all other business, 529. sell and lease lands, with power to substitute, 681, collect debts, &o., 532. receive money on a bond, 638. acknowledge satisfaction on a mortgage, 688. receive a legacy, 534. rents of an estate, 534. transfer stock, 535. receive a dividend, 585. vote, 585. receive back pay of deceased soldier, 686. make partition of an estate, 536. attorney at law, to defend, 686. to institute a suit, 637. to conduct a suit, 587. From a corporation to collect debts, 537. General letter of substitution, 538. Letter of revocation, and appointment of another attorney, 639. .ETTERS OP CREDIT. Remarks on, 540. Special letter of credit, 640. Letter of advice of granting of, 541. LETTERS OF LICENSE. Remarks on, 542. From creditors, 542. LETTERS TESTAMENTARY. Form of, 599. INDEX. 947 LEVARI FACIAS. Sheriff's deed, on writ of, 860. LIBEL. For mariner's wages, in the admiralty, 46. Answer thereto, 48. In a cause of personal damage, 49, 53. Answer thereto, 51. For collision, 66. Claim by owner, 57. master or bailee, 68. , Answer thereto, 58. By dissentient part owner, for possession, 61, Answer thereto, 62. By dissentient part owner, for security, 63. Stipulation, 64. By a painter, for painting a ship, 65. Answer thereto, 66. In a cause of salvage, 67. Answer by owner of the cargo, 72. In a cause of affreightment, 73. For demurrage, 77. Answer thereto, 79. By a material man, nnder act of 1845, 80. For collision, under act of 1845, 82. For wharfage, 84. By passenger, for violation of contract, 86. By material man, for materials furnished, 89. Answer thereto, 91. To attach a vessel, 190, 191. Petition of claimant to become a party, 192. Declaration in case, for a, 828. ^ UBERARI FACIAS. Oath of inquest imder, 114. Praecipe for, after appraisement, 766. LICENSE. Petition for tavern, 728. Certificate of citizens, 728. Petition for pedlar's, 728. LIEN. Certificate of balance due by administrators filed as, 2S7. LEGISLATtTRE. Form of petition to the, 721. LIMITED PARTNERSHIP. See Special Partners. Affidavit of partner, 104. Articles of limited partnership, 141. Certificate of, 143. Acknowledgment, 143. Affidavit of general partner, 144. Advertisement, 145. Proof of publication, 145. LOUISIANA. Acknowledgment before commissioner for, 38. LUMBER. Notice of taking up of, 592. LUNATIC. Remarks on, 643. 948 INDEX. liXnUATlC— Continued. Inquisition of suicide by, 275. Petition for inquisition, where lunatic has property, 545. where lunatic has no estate, 545. Form of commission, 546. Beturn of commissioners, S47. i "Venire to sheriff, 547. Return of sheriff, 548. Inquisition finding lunacy, &c., 648. not lunacy, 549. Traverse of inquisition, 550. Petition of committee to sell real estate, 652. to confirm sale, &c., 663. to revoke commission, &c., 654. MAINE. Acknowledgment before commissioHier for, 40. MANDAMUS. Petition for writ of, 727. MAEINER'S ■WAGES. Libel for, in the admiralty, 46. Answer thereto, 48. MARRIAGE. Remarks on the subject of, 655-7. ^ Ceremony of, 667. Certificate of, by a magistrate, 668. by a clergyman, 558. MARRIED WOMAN. Declaration of, under act of 1848,' INDEX. 953 ORPHANS' COVRT— Continued. Alias order of sale, 654. Return and petition for confirmation, 654. Affidavit thereto, 656. Petition for approval of sureties, 656. Approval of surety, 657. Exceptions to confirmation, 657. Petition of guardian to become a party, 658. Decree of confirmation, 659. Final decree, 662. Petition by heir at law for inquest to make partition, 662. Order of sale, 663. Sheriff 's return of partition, 664. Confirmation, 666.- Petition for appointment of seven men to make partition, 666. ^. , ... Certificate of appointment, 667. Return that premises cannot be divided, &c., 668. Rule to accept or refuse, 669. Decree adjudging purpart to one of the children at the valuation, 669. Order to sell the residue, 670. Auditor's report on a trustee's account, 673. Agreement for confirmation, 675. Auditor's report on executor's account, 675. on administrator's account;, 677, 678. on guardian's account, 681. on application to sell real estate, 829. on settlement of accomit, 880. OVERSEER OF THE POOR. Oath of, 115. Indenture of apprenticeship by, 166. Approbation of justices, 167. Notice to, on neglect to comply with orders of relief, 592. PAPER-BOOK. Remarks on, 473. Form of, for the Supreme Court, 473» PARTIAL PAYMENTS. Remarks on, 603. Statement d, 503-4. PARTITION. Remarks on, 691. Oath of inquest, 114. Deed by administrators, for lands sold by order of Orphans' Court, in parti' tion, 348. Deed of, by tenants in common, 377. Sheriff's deed under order of sale in, 397. Bill in equity for, by heirs at law, 449. by one tenant in common, 460. to carry decree of, into execution, 461. Letter of attorney to make, 636. Proceedings for, in the Orphans' Court, 640. Petition for inquest, 640. Demurrer to the petition, 643. Supplemental petition, to substitute a new trustee, 644. Writ of partition, for inquest, 644. Acceptance of service of notice, 645. Sheriff's return, 646. Inquisition, 646. Rule to accept or refuse, 647. Certified copy of such rule, 648. Acceptance of service, 648. Rule on non-resident heir, to show cause why the premises should not be sold, 649. ' .'' •■ -. .- ,, / /■ ' 954 INDEX. PARTITION— ConHmwei. Certified copy thereof, 649. Affidavit of attempt to serve rule, 650. Order of publication, 660. Proof of publication, 661. Decree of sale, 652. Petition for further time to sell, 653. Alias order of sale, 664. Return, and petition for confirmation, 654. Affidavit thereto, 656. Petition for approval of sureties, 656. Approval of surety, 657. Exceptions to confirmation, 667. Petition of guardian to become a party, 658, Decree of confirmation, 659. Final decree, 662. Petition of heir at law for inquest to make, 662. Order of sale, 663. Sheriff 's return of partition made, 664. Confirmation, 666. Petition for appointment of seven men to make, 666. Certificate of appointment, &c., 667. Return that premises cannot be divided, &c., 668. Rule to accept or refuse, 669. Decree adjudging purpart to one of the children at the valuation, 669 Order to sell the residue, 670. Declaration in partition at common law, 692. Plea of confession by guardian, 694. Petition of guardian to amend, 694. Amendment, 696. Plea of confession to amended declaration, 695. by mother who inherits from deceased child, 696. Docket entry, 696. Breve de partitione facienda, 697. Notice of inquisition, 699. Acceptance of service, 699. Inquisition making partition, 699. Declaration of defendants' vrish to hold together, 701. Plea of non tenent insimul, 701. confession as to part and non tenent insimul as to the residue, 701. Prsecipe in, 758. PARTNERS. See Copartnership ; fecial Partners. Affidavit, under limited partnership act, 104. Articles of copartnership, 133, 185, 137. Certificate of partnership, 140. change of partners, 140. Articles of limited partnership, 141. Certificate and acknowledgment, 143. Affidavit of general partner, 144. Advertisement and proof of publication, 145. Agreement to continue a partnership, 146. relinquish inte^'est in a partnership, 147. Dissolution of partnership, 148. Notice of dissolution, 149. retirement of a partner, 149. Covenants to be inserted in partnership contracts, 160. PARTY W'ALLS. Agreement in relation to, 162, 156. PASSENGERS. Libel by, for violation of contract, 86. PATENTS. Who entitled to a patent, 702. iNDJSX. 955 FATETHTS— Continued. What will prevent the granting of, 702. Mode of proceeding to obtain, 702. Petition, 702. fef ooification, 703. Oath, 704. Examination, 706. Withdrawals, 707. Betaining in Beoret archlTes, 707. Appeals, 707. Interferences, 708. Reissues and improvements, 708. Surrender of, for reissue, 708. Oath on application for reissue, 709. Addition of new improvements, 709, Disclaimers, 709. Extensions, 710. Of desipis, 711. Application for patent for designs, 711. Specification, 711. Form of oath, 712. Foreign patents, 712. Patents obtained by aliens, 712. Caveats, 712. Penalties, 713. Repayment of money, 713. Assignments, 713-14. Office fees, 715. Taking and transmitting testimony, 716. Rules of correspondence, 718. Filing and preservation of papers, 718. Amendments, 718. Rules for reconsideration, 719. Giving or withholding information, 719. PEDLARS. Petition for license, 728. PERPETUATION OF TESTIMONY. Bill to perpetuate testimony of lost deeds, 428. Affidavit thereto, 429. Bill to perpetuate testimony of witnesses to a will, 430. illegitimacy, 465. Report of commissioner to take depositions, 457. PETITION. Remarks on, 721. Of appeal, from District to Circuit Court, in admiralty, 97. Circuit to Supreme Court, 98. Answer to petition of appeal, 98. Affidavit to petition, 102. To become a party in attachment against a vessel, 192. For divorce, for desertion, 405. for intolerable treatment, 407. for adultery, 407. and alimony, for abandonment, 407. for intolerable treatment, 408. Of husband to annul decree of divorce, 408. To legislature for divorce, 409. For approval of appraisement under act of 1851, 485. For writ of habeas corpus, 493-4. ad testificandum, 496. By insolvent, for discharge from arrest, 497. Final, of insolvent, 499. 95 G INDEX. PETITION— Continued. For inquisition of lunacy, 545. Of committee, to sell real estate, 552. to confirm sale, &c., 653. To revoke commission of lunacy, 554. That claimant may proceed, on mechanics' lien, 666. For naturalization, 680, 584. sale of real estate for payment of debts, 610, 671. To include other property, 613. extend time of sale, 614. refer supplementary account to the same auditor, 615. sell real estate for balance due executors, 615. For citation to executors to account, 616. discharge of executors, 616. approval of investment, 617, 618. citation to co-executor for mismanagement, 619. to surviving executor, 620. to widow to elect bequest in lieu of dower, 621. to executors for mismanagement, 622. Of receiver, 628. For appointment of guardian, by minor under 14 years, 635.' by minor over 14 years, 635. Of guardian, to sell real estate, 637, 639. For inquest to make partition, 64Q, 662. further time to make sale, 653. approval of sureties, after sale, 656. Of guardian to become a party to proceedings in partition, 658, For appointment of seven men to make partition, 667. a patent, 702. To Congfess, 721. the legislature, 721. the governor, 721-. compel a surviving trustee who is insolvent, &c., to account, and have another appointed, 721. For dismissal of trustee under marriage settlement, 722. appointment of new trustee, 723. Where assignee is insolvent, &c., for appointment of another, 724. assignees have not acted, or are deceased, for appointment of others, 724. To compel assignees to account, 725. For appointment of appraisers under assignment, 726. of auditors, 725. That sheriff may execute deed for property sold by his predecessor, 726. recorder may enter satisfaction on a mortgage, 727. For a writ of mandamus, 727. a tavern license, 728. a pedlar's license, 728. Of trustee, for leave to extinguish ground-rent, 729. For confirmation of warrant of seizure in desertion case, 752. Of guardians in desertion case, 763. For sale of 'trust estate, and reinvestment upon the same trust, 790. letting trust property on ground-rent, 791. For leave to unite with other owners in exchanging angular lots to square lines, and laying out streets, 792. For letting on ground-rent, and to bar contingent remainder, 796. Of guardian, to unite with other owners in a private sale, 798. for leave to sell ward's estate, 806, 807. For laying out a public road, 831. a private road, 831. a review, 835. vacating a public road, 838. viewers to assess road damages, 840. a gate on a private road, 842. a county bridge, 844 INDEX. 957 PETITION— Co?!_-— >. // Remarks on, 755. ^ For writ of error, 472. summons in covenant, 755. in debt or case, 755. writ of replevin, 755. In foreign attachment, 766. domestic attachment, 766. attachment of a vessel, 757. account render, 757. For scire facias on a mortgage, 757. In ejectment, 758. partition, 758. 958 INDEX. PRECIPE— Continued. For attachment execution, 759. Bummons in trespass, 759. in trover, 759. in dower, 760. in detinue, 760. in trespass by executor, 760. for tearing off seal of bond, 760. certiorari to a justice, 761. execution on judgment on certiorari, 761. summons in assumpsit, 762. scire facias to substitute executor and tb revive judgment, 762. habere facias in ejectment, 762, 765. summons in slander, 763.. scire facias on recognisance, 763. summons in debt on sheriff's bond, 763. certiorari on proceedings by sheriff's vendee, 763. I - scire facias to revive judgment, 764. fieri facias, 764. venditioni exponas, 764. testatum fieri facias, 765. liberari facias, 765. scire facias to garnishee, 765. on a Tvrit of inquiry, 766. writ of inquiry, 766. fieri facias for residue of judgment, 766. against plaintiff for costs, 766. summons or capias, for assault, &c., 767. against clergyman for marrying a minor, 767. scire facias sur mortgage, with proviso that principal shall become dup on failure to pay interest, 767. PilOBATE. Of a deed, by subscribing vritness, 29. execution of deed by a corporation, 33. deed, by proof of witness's signature, 104. a will, 607. Citation to show cause why nuncupative will should not be admitted to, 892 Proof of service, 892. PROCLAMATION. Remarks on, 768. Of sheriff for holding a court, 768. crier on opening court, 768. Fir grand jurors, 76% return of constables, 769. discharge of insolvent debtors, 769. forfeiting recognisance, 769.V - , t - ac^ovlpdjsm^nt of^^Ueiiff|;Jle^4.7^<\ \ ( ^ V PfQPJi^B^cirrE. jk » t ,.• ' Remarks on, 417. "^ Payable on'3emand,'417. , ' at future date,-JlJgL^ Iwi^urety, 417. PRODUCTION. Notice to produce papers on the -trial, 687. PROMISSORY NOTE. Remarks on the subject of, 195, 769. Assignment of, where the assignor is to be liable, 185. not to be liable, 185. Endorsement of, 185, 198. without recourse, 185. INDEX. 959 PROMISSORY NOTE— CoreiOTMeA Forms of, 198. Joint and several note, 198. Note on demand, 198. Judgment note, 199. Bond of indemnity, on paying a lost, 218. Beolaration on, 297. in New Jersey, 298. endorsee against maker, 800. executor of payee against maker, 801. Pleas to declaration, 737. Judgment note waiving exemption and stay of execution, 769. with stay of execution, 770. Protest of, 773. Notice of protest to endorser, 775. I'ROTEST. Remarks on the subject of, 771-2. , Of bill of exchange for non-acoeptance or non-payment, 773, promissory note for non-payment, 773. Notice of, to drawer of a bill, 774. endorser of a bill, 774. note, 775. Marine protest, 775. PUBLICATION. Affidavit of, of notice, 105. Of limited partnership, 145. Affidavit of publication, 145. PUBLIC SCHOOLS. Remarks on, 776. Synopsis of the law, 777. Bond of district treasurer, 778. collector of school tax, 779. Warrant to collector, 780. Certificate of non-payment of tax on unseated land, 781. Annual report, 781. Directors' annual report, 783. Order on district treasurer, 783. Deed of land to school directors, 784. Lease of school-house and lot, 784. Agreement with a teacher, 785. Teacher's certificate, 785. Certificate that schools have been kept open four months, 786. Report of teacher, 787. QUARTER SESSIONS. Constableti return to, 266. QUIT CLAIM. #2--*** Form of quit claim deed, 381. REAL ESTATE. Remarks on the act for the sale and conveyance of, '788-9. Petition for sale of, and investment in other real estate upon same trust, 790 for letting trust property on ground-rent, 791. Decree thereon, 792. Petition of trustees for leave to unite with other owners in exchanging angular lots, for squaring lines, and in laying out streets, 792. Consent of cestui que trust, 795. Decree of the court, 795. Petition for letting on ground-rent, and to bar contingent remainder, 796. of guardian, to unite with other owners in a private sale, 798 360 INDEX. REAL ^STAT^— Continued. Certificate of appointment of master and examiner to report on propriety of sale of, SOO. Report of master, 801. Confirmation and decree thereon, 802. Report of sale by guardian, 802. Bond of trustee, &c., 803. Report of examiner in favor of public sale of trust estate, 804. Petition of guardian, for leave to sell ward's estate, 806, -807. Appointment of master, 808. Report of master, 808. Order for deposit of purchase-money, 810. RECEIPT. See Acquittance. Remarks on, 810. For deposit money, on sale of land, 253. title papers, by mortgagee, 578i collateral inheritance tax, 610. cash, in full of all demands, 810. for account rendered, 810. on account, 811. in full for bill of goods, 811. a bill rendered, 811. goods sold, without bill, 81i. a note, in full or partial payment, 811. 'draft of a third party, 811., rent of a house, 812. farm, 812. interest due on a bond, 812. and part of principal, 812. payment made by a third party, 812. Given by an agent, 812. attorney, 813. a debtor whose place of residence is different from creditor's, 813. To an executor, &c., for debt of decedent, 813. for a legacy, 813. a guardian on account of his ward, 813. From a person to his late guardian, 814. For deeds, to be returned, 814. cattle, &c., put out to winter, 814. lading of a wagon, 816. LECITALS. Remarks on, 816. Of title by patent, 816. deed, 816. devise, 817. deed and de^se, 817. t desoea^lj^ . j paten^descent atol"deedj deed of partition, 818. ,^^^ partition in the Orphans' Co3?!^818. by writ, 818. sheriff's deed on venditioni exponas, 818. for property of decedent, 818. deed by attorney, 818. executors, 819. administrators, 819. RECORD. Remarks on, 821. Certificate of, under act of Congress, 236, 821. judge to accompany the same, 237, 821. prothonotary, 822. INDEX. WECOKD— Continued. Of dee'J, to bar estate tail, 393. Certificate thereof, 893. RECORDER. Petition that recorder may enter satisfaction on a mortgage, 727. RECOGNISANCE. Of master, to answer to complaint of apprentice, 170. apprentice to give evidence, 171. To restore, in foreign attachment, 188. Of bail in error, 472. tenant, on appeal, under act of 1830, 618. Prseoipe for scire facias on, 763. Proclamation for forfeiting, 769. REFEREES. Oath of, under act of 1810, 113. in trespass, 113. trover, 113. REFUNDING BOND. To executors, on payment of legacy, 208. By distributee, 209. Bond to refund money on failure of contract, 228. By distributees, 634. REGISTER. Commission issued by, to foreign country, 249. Notice to corporation, of bequest, 609. REGISTER'S COURT. Remarks on the jurisdiction of, and proceedings, in, 597-8. Forms for trying the validity of a will, 685 Docket entry, 685. Appeal from deeision of the register, 686. Demand of an issue, 686. Affidavit on appeal, 687. Declaration, in a feigned Issue, 687. Plea, 689. Replication, 690. Certificate from the Common Pleas, 690. REJOINDER. Form of, by way of traverse, 738. RELEASE. Remarks on, 822. Acknowledgment of, 26l Deed of, 381.' Of a ground-rent, 390, 891. Upon a mortgage, 822. Of dower, by endorsement, 823. From the lien of a judgment, 824. To an executor, for a legacy, 824. To an administrator, for a distributive share, 825. To a guardian, by his ward, on coming of age, 826. General release of all demands, 826. Mutual release of partners, on settling accounts, 826, Of mechanics' liens, 827. To the father of a bastard by its mother, 828. RENT. ^ ,,„ Oath of appraisers, on distress for, lib. Bond of indemnity, to save harmless on paying, 221. 61 961 962 INDEX. RENUNCIATION. Of executor, 698. right of administration, 699. REPLEVIN. Award in, in favor of landlord, 174. where property to be returned, 174. Bond to sheriff in, by plaintiff, 224. Property bond by defendant, 225. Declaration in, 330, 331. Praecipe for writ of, 755. Return, property delivered to plaintiff, 866. one defendant found, the other not, 866. property bond entered, 866. property carried off, 867. property not found, 867. plaintiff has not given bail, 867. no one came to show the goods, 867. REPLICATION. Of libellant, in divorce, 414. To plea of statute of limitations, 737. By way of traverse, 738. of confession and avoidance, 738. REPORT. Kemarks on, 829. Of master, on bill for specific performance, 439. commissioner to take depositions for perpetuation of testimony, 457 appraisement, under act of 1851, 484, 487, 488. auditor, distributing decedent's estate, 631. on trustee's account, 673. on executor's account, 675. on administrator's account, 677, 678. en guardian's account, 681. master on propriety of private sale by guardian, 801. sale by the guardian, 802. examiner in favor of public sale of trust estate, 804. master on petition of guardian for leave to sell ward's estate, 808. examiners of an attorney at law, 829. auditors on application to sell real estate, 829. on settlement of account, 830. appraisers, under assignment, 830. viewers in favor of laying out a road. 833. against laying out a road, 834. reviewers in favor of the road, 836. against the road, 837. viewers in favor of vacatinea road, 838. against vacating aM||L839. assessment of road damages^H. viewers on petition for a gate|W43. for a county bridge, 845. inspectors of a county bridge, 847. viewers for bridge on county line, 849 inspectors of bridge on county line, 851. RESCUE. Complaint for a, 261. Return of, by constable, 268. RETURN. Remarks on, 858. To writ of certiorari, 240. Of constable's election, 266. ^ rr ' INDEX. 963 RETVn'N— Continued. Of constable to quarter sessions, 266. domestic attacliment, 267. ' a summons, 267. To a warrant, where the party is not found, 268. in custody, 268. has been rescued, 268. one party is in custody and the other not fonnd, 268. search warrant, where goods are fonnd, 269. ^ no goods are found, 269. scire facias on bill of discovery, 460. , writ of habeas corpus, 496. commission of lunacy, 647. venire in case of lunacy, 648. writ of attachment, 858-9. capias ad respondendum, 859. satisfaciendum, 860. distringas, 860. writ of dower, 861. fieri facias, 861-3. habeas corpus, 863-5. habere facias, 865. writ of inquiry, 865. replevin, 866-7. scire facias, 867-8. summons, 868-9. venditioni exponas, 870. venire, 870. REVOCATION. Of letter of attorney, 539. REVIEW. Petition of, 628. RHODE ISLAND. Acknowledgment before commissioner for, 42. ROADS. See Gates. Remarks on, 831. Petition for laying out a public road, 832. private road, 832. Appointment of viewers, and order, 833. Report in favor of the road, 833. against laying out a road, 834. Order of confirmation, 835. Petition for a review, 835. Appointment of reviewers, and order^ 836. Report of reviewers in favor of the road, 836. against the road, 837. Order of confirmation, 837. Petition to vacate a public road, 838. Appointment of viewers, and order, 838. Report in favor of vacating, 838. against vacating, 839. Order of confirmation, 839. Petition for appointment of viewers to assess damages, 840. Appointment of viewers, and order, 8401 Oath of viewers, 841. Report of damages, 841. Order of confirmation, 842. RULE. For a commission, 244. 964 INDEX. SALE. Articles of agreement for sale of land, 117, 118, 119. Agreement for sale of growing trees, 127. land, with warrant of attorue;, in ejectment, 129. on sale of land by auction, 153. Conditions of sale, 252, 264. Agreement to be appended to conditions, 253 Receipt to agreement, 253. SALVAGE. Libel in a cause of, 67. Answer by owner of the cargo, 72. SATISFACTION. Letter of attorney to acknowledge, on a mortgage, 533. SCIRE FACIAS. On bill of disooTery, in aid of execution, 460. Sheriff 'a return thereto, 460. On mechanics' claim, 565. Prfficipe for, on a mortgage, 757. to substitute executor, and revive judgment, 762. on recognisance, 763. to revive judgment, 764. to garnishee, 765. on writ of inquiry, 766. on mortgage, with proviso that principal shall become due on failure to pay interest, 767. Return, defendant not found, 867. made known to defendant, 867. served at defendant's residence, 867. made known to one defendant, others not found, 868, on scire facias, to revive, with notice to terre tenant, 868. on scire facias sur mortgage, 868. on scire facias but claim, 868. SEARCHES. Directions for making, 898. For conveyances and mortgages, 898. judgments, 899, decedents' debts, 899. taxes, mechanics' liens, and district claims, 900. recognisances, charges of legacies, and owelty of partition, 901 assignments of mortgages, 901. SEARCH WARRANT. Return to, where goods are found, 269. where no goods are found, 269. SEPARATION. ' Articles for separation between husband and wife, 151. Bond to suffer wife to live apart from her husband, 231, 282. SEQUESTRATION. Petition for appointment of sequestrator, 284. SET-OFF. Notice of, 783. SHARES. Assignment of, in a company, 185. SHERIFF. ■ Remarks in relation to the, 852. Oath of, before selection of jurors, llo Replevin bond to, by plaintiff, 224, INDEX. 965 SEERJtF— Continued. Property bond, by defendant, 225. Bond in foreign attachment, 226. Bond of indemnity upon levy and sale, 226. Petition that sheriff may execute deed for property sold by his predecessor, 726. Proclamation of, for holding a court, 768. Returns of, to yrrits, 868. SHEKIFF'S DEED. Acknowledgment of, 28. On venditioni exponas, 869. On levari facias, 360. For lands sold by his predecessor, 361. Under order of sale in partition, 397. Petition that sheriff may execute, for property sold by bis predecessor, 726. Proclamation for acknowledgment of, 769. SHERIFF'S SALE. Oath of jurors, on proceeding to obtain possession, by purchaser at, 113. claimant of the land, 113. Notice by purchaser, to tenant, 586. SHIPPING. See Admiralty; Vessels. Assignment of bill of sale of part of a ship, by endorsement, 181. Bill of sale of a licensed vessel, 201. of a registered ship, 202. Bond by master to deliver up the vessel on demand, 219. SLANDER. PrsBcipe for summons in, 763. SLAVES. See Fugitive Slaves. , SOUTH CAROLINA. Acknowledgment before commissioner for, 42. SPECIAL MATTER. Notice of, 588. SPECIAL PARTNERS. Acknowledgment by, 28. SPECIFIC PERFORMANCE. Bill in equity for, 435. Answer admitting the facts, 438. Master's report thereon, 439. Decree of the court, 445. Bill to enforce, of parol contract of decedent, 623.) Order of court thereon, 625. Citation to executors, &c., 626. Acceptance of service, 626. Answer admitting the contract, 626. Decree, 627. Certificate of decree, 628. STATEMENT. In place of declaration, 332. STATUTE OF LIMITATIONS. Plea of the, 737. Replication, 737. Joinder in issue, 737. STIPULATION. By a part owner and master of a ship, on sending the ship to sea, 64. To procure discharge of property in a suit in rem, 94. By claimant, for costs and expenses, 95. For safe return of a ship, 96. 960 INDEX. SUBORNATION. Complaint for subornation of perjury, 263. SUBP(ENA. Remarks on, 871. To appear before the coroner, 270. With clause of duces tecum, 871. By arbitrators, 871. SUBSTITUTION. General letter of, 538. SUICIDE. Inquisition of, by hanging, 272. cutting his throat, 273. drowning, 274. one non compos mentis, 275 SUMMONS. Constable's return to, 267. lu landlord and tenant case, 516. Prasoipe for, in covenant, 755. debt or case, 755. trespass, 759. trover, 759. assumpsit, 762. slander, 768. debt on sheriff's bond, 763. for assault and battery, &c., 766. against clergyman for marrying a minor, 767 Return, defendant not found, 868. , served personally, 869. by copy, 869. on one defendant, others not found, 869. a corporation, 869. a foreign corporation, 869. to alias summons, in covenant, 869. service accepted, 869. SURETY. Bond of indemnity to the surety in a bond, 217. to surety in administration bondy 22U Declaration in debt, against surety of assignee, 817. SURVEYOR. See Deputy Surveyor. TAVERNS. Petition for license, 728. Certificate of citizens, 728. TENNESSEE. Acknowledgment before commissioner for, 42. TEXAS. Acknowledgment before commissioner for, 43. TRAVERSE.- Of inquisition of lunacy, 550. TREES. Agreement for sale of growing, 127. TREISPASS. Affidavit that title to lands will come in qaestion, 107 Oath of referees in, 713. DecWation in, for an assault, &o., 329. quare clausum fregit, 330. INDEX. 967 TRESPASS— Oontinued. Plea of general issue in, 735. PrsBoipe for summons in, 759, 760, 767. ^ TEOVER. Oath of referees in, 113. Declaration in, 327. Praecipe for summons in, 76% TRUST- Declaration of, in favor of the son and heir at law of a decedent, 333. Declaration of. In relation to real estate and the purchase-money thereof, 884, 335. Deed of, for benefit of creditors, 364. of a married woman, 365. of a wife, 368. for married woman during life, then to her husband, and children, 371 of personal property, with power to re-invest, 374. Petition for sale of trust estate, and re-investment on the same trust, 790. for letting trust property on ground-rent, 791. Decree thereon, 792. Petition of trustees for leave to unite with other owners in exchanging angu- lar lots, for squaring lines, and in laying out streets, 792. Consent of cestui que trust, 795. Decree of the court, 795. Bond of trustee, 803. Report of examiner in favor of public sale of trust estate, 804. TRUSTEES. Trustee's account, 20. Acknowledgment by, 30. Affidavit of, to account, 104. Deed of, by direction of cestui que trust, 366. Certificate and acknowledgment, 367. Writ to take property from absconding, 630. Auditor's report on trustee's account 673. Agreement for confirmation, 675. ' Petition to compel filing account, and to remove for mismanagement, 721 for dismissal of, under marriage settlement, 722. for appointment of new trustee, 723. for leave to extinguish ground-rent, 729. Answer thereto by grantee, 730. by cestui que trust, 730. Decree thereon, 730. VENDITIONI EXPONAS. Sheriflf's deed, on writ of, 859. Praecipe for, 764. Return to, for real estate, 870. personal property, 870. . where part of personal property is sold, 870, VENIRE. In case of lunacy, 547. Return of sheriff, 548. to venire facias juratores, 870. VERMONT. Acknowledgment beforaoommissioner for, 48. VESSELS. Attachment against, remarks on, 18i». Libel to attach a vessel, 190. Praecipe for attachment, 757. Marine protest, 775. 968 INDEX. VIRGINIA. Acknowledgment before commissioner for, 43. VOIR DIRE. Oath of, by kissing the book, 107. I lifting up the right hand, 108. ' AfSrmation of, 108. WAGES. iBee Mariner's Wages. WAIVER. Of inquisition and condemnation, 161. WARRANT. See Search Warrant. Against a master, on complaint of apprentice, 169. an apprentice, on complaint of master, 170. Return to, where the party is not found, 268. arrested, 268. has been rescued, 268. one party is arrested and the other not found, 268. For removal of fugitive from justice, 489. arrest of fugitive slave, 491. To distrain, 512. For a pauper, for examination as to settlement, 743. To levy on goods of one chargeable with the support of a pauper, 745. for desertion, 747. poor tax, 747. Of seizure in desertion case, 750. • To collector of school tax, 780. WARRANT OF ARREST. Remarks on, 872, 875. Affidavit of plaintiff, 872. Form of warrant, 874. WARRANT OF ATTORNEY. Agreement for sale of land with, totconfess judgment, in ejectment, 129, To defend a suit, 536. • ' To institute a suit, 537. To conduct a suit already brought, 537. To accompany bond for money payable immediately on default, 573. WARRANTY. Covenant of, 290. Form of warranty deed, 340, 343. Warranty deed with covenants, 342, 399. WASTE. Bill to restrain, 452. WATERCOURSE. Deed for a, 384, 386. WAT. Deed for right of way, 383. and watercourse, 384. WHARFAGE. Libel for, in the admiralty, 84. WIDOW. Petition for citation to, to elect, 621. ' WILL. Remarks on wills, 876-8. Attestation of a, 194. Caveat against probate of, 234. INDEX. 969 * WILL — Continued. Register's certificate of, under act of Congress, 235. Certificate of president judge and prothouotary, 235-6. Bill to perpetuate testimony of witnesses to, 430. Form of probate of, 6O7. Forma for trying the validity of, in the Register's Court, 685. Will disposing of personal property only, 878. of real and personal estate, 879, 881, 882, 883, 888. of property in trust, 884, 886. of feme covert, by virtue of a power of uppointment, 890. Nuncupative will, 891. Affidavit to nuncupative will, 891. Citation to appear and show cause why nuncupative will should not be pro- bated, 892. , Proof of service, 892. Oath of executor, 892. Conclusion and attestation of, written on several sheets, 893. Codicil disposing of personal property, 893. * of real and personal property, 894. Clause forgiving debts due, 894. revoking bequest to wife, if she sue for dower, 895. making void limited bequests, &c., if devisee dispute the will, &c., 895. directing disputes to be settled by arbitration, 896. appointing wife guardian whilst unmarried, 896. WISCONSIN. Acknowledgment before commissioner for, 48. "•AWdfviWor order to examine, de bene esse, in the admiralty, 98. Order thereon, 99. Notice, 99. Caption of depositions, 100. Affidavit of witness's signature to a deed, 104. Oath of, by kissing the book, 107. lifting up the right hand, 107. Affirmation of, 108. Oath of, in oyer and terminer, by kissing the book, 110. lifting up the right hand, 111. Affirmation of, in oyer and terminer. 111. Oath of interpreter to a deaf and dumb, 112. to the grand jury, 115. Examination of, on commission, 243-7. Interrogatories to, in proceedings for divorce, 248. Oath of, before the coroner, 271. WRIT OP ERROR. , Remarks on the subject of, 471. Prascipe for, 472. Affidavit, 472. Recognisance, 472. Paper-book, 473. WRIT OP INQUIRY. Oath of inquest on, 114. Notice of execution of, 588. Prseoipe for sci. fa. on, 766. for writ of, 766. Return to, 865. Inquisition of damages, 866. THE END